48TH CONGRESS, > SENATE. < Ex. Doc. 2d Session. j ( No. 95. [! , BUREAU OF EDUCATION SPECIAL, REPORT, 1888 INDIAN EDUCATION AND CIVILIZATION A REPORT PREPARED IN ANSWER TO SENATE RESOLUTION OF FEBRUARY 23, 1885 BY ALICE C. FLETCHER UNDER DIRECTION OF THE COMMISSIONER OF EDUCATION WASHINGTON GOVERNMENT PRINTING OFFICE 1888 \)]o Bancroft: Library CONTENTS. CHAPTER I. THE SIXTEENTH CENTURY. Origin of the American Indians, 13 Why they had never become civilized, 13 Early Spanish explorers, 14 Cabeza de Vaca, 14 Coronado, 15 Do Soto, 15 Expedition of Cartier, 17 Indian tribal organization, 17 Position of women, 17 Conduct of war, 18 Former Indian population exaggerated, 19 Missionary effort in the sixteenth century, 19 Results of contact with the white race, 22. f CHAPTER II. THE SEVENTEENTH CENTURY. VIRGINIA: Early treaties, 24 Massacre of 1622, 25 Legal measures, 26 Treaty of peace, 27 Growing strength of the colonists, 29 Bacon's rebellion, 30 In dian slavery, 31 Failure of early educational projects, 34 The Boyle fund, 34 Indian school of William and Mary College, 34 Difficulty of obtaining pupils, 35. MARYLAND: First settlement, 36 Laws regarding the Indians, 37 Lack of education, 38. MASSACHUSETTS: Distrust of the natives, 38 Educational provisions, 39 Laws regulating intercourse, 40 Slavery, 42 Religious instruc tion, 43 Indian civilization checked by King Philip's War, 44 Treatment of the "praying Indians," 46 John Eliot, 47 Society for the propagation of the Gospel, 50 Indian school at Natick, 52 Vices of the natives, 53 Indian college at Cambridge, 54 Indian books, 54 Expenditures for Indian civilization, 57 Mashpee Indians, 59 Martha's Vineyard and Nantucket Indians, 61. NEW YORK : Dealings of the Dutch with the natives, 62 Liquor traffic, 63 The Five Nations, 64 Slavery, 64. ROMAN CATHOLIC MISSIONS: In Florida, 64 In New Mexico, 64 In California, 65 In Maine, 65 In Michigan and along the Lakes, 65 In New York, 67. CHAPTER III. THE EIGHTEENTH CENTURY. VIRGINIA : Enactments against Indians by the Assembly, 70 Favors extended to tributary tribes, 71 Exploration of the Neuse River by De Graffenried and Law- son, September, 1711, 71 Indian depredations, 74 Indian education, 75. PENN SYLVANIA: Moravian missions, 78 Moravian missions in Ohio, 82. NEW YORK: Missions among the Iroquois, 85 Moravian missions, 87.- NEW ENGLAND : Indian education, 90 Revolutionary leaders and the Indian question, 103 Enactments of the Continental Congress, 104. CHAPTER IV. ADMINISTRATION OF INDIAN AFFAIRS. Historical outline of administration, 106 The Indian Department, 108 Transferred to Department of the Interior by act of March 3, 1849, 108 Office organization, 109 List of Commissioners of Indian Affairs since 1832, 109 Finance division; land and law division, 110 Field organization, 112 Duties of agents, 112 Sala- 3 4 ries of agents, 115 Indian police and court of Indian offenses, 117 Indian inspect ors, 117 Special agents, 118 The Board of Indian Commissioners, 118 Present members of the Board with their post-office addresses, 121. CHAPTER V. GENERAL REVIEW OF INDIAN RESERVATIONS. Established by treaty and by order of President, 123 Reservations established by treaty or act of Congress, 124 Reservations established by Executive order, 126 Rules pertaining to Indian reservations, 127 Indian land tenure, T29 Treaty of Guadaloupe Hidalgo, 134 Laws permitting Indians to take up public lands, 136 Leasing of Indian lands, 138 Land in severalty, 138 Legal status of Indians, 141 Tradingregulation, 146 Are the Indians dying out? 152. CHAPTER VI. INDIAN EDUCATION. Regulations for Indian education made by the Continental Congress, 161 Early regu lations for Indian education by the United States, 162 Reports of schools, 164 Statistics of Indian education, 173. CHAPTER VII. INDIAN RESERVATIONS OP ARIZONA TERRITORY. The Gadsden purchase, 198 COLORADO RIVER AGENCY: Colorado River Reserva tion, 198; Hualpai Reservation, 200; Suppai Reservation, 201 PIMA AGENCY: Gila River Reservation, 202; Gila Bend Reservation, 205; Papago Reservation, 205; Salt River Reservation, 206 SAN CARLOS AGENCY: White Mountain Reser vation, 208 ; Tulerosa Valley Reserve, 208 ; Camp Grant Reservation, 209'; Camp Verde Reservation, 210 ; Moqui Reservation, 215. CHAPTER VIII. INDIAN RESERVATIONS OF CALIFORNIA. Acts of Congress for sustaining military reservations in California, 216 HOOPA VAL LEY AGENCY : Hoopa Valley Reservation, 219 ; Klamath River Reservation, 221 MISSION AGENCY : Mission Reservations, 225 ; Executive orders relating to same, 227 ROUND VALLEY AGENCY: Round Valley Reservation, 230 TULE RIVER AGENCY : Tule River Reservation, 237 ; Yuma Reservation, 238. CHAPTER IX. INDIAN RESERVATIONS OF COLORADO. First emigrants sustained by purchases of wheat, corn, etc., from the Indians, 240 Indian farms in 1856, 241 SOUTHERN UTE AGENCY : Ute Reservation, 242 Syn opsis of treaties made with Utah Indians, 243 ; Treaty with the Tabegauche, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Ute Indians, made at Washington, March 2, 1868, 245 ; Treaty between United States and the above at San Pinos Agency, September 13, 1873, 246. CHAPTER X. INDIAN RESERVATIONS OF DAKOTA TERRITORY. Agencies, 251 FORT BERTHOLD AGENCY: Fort Berthold Reservation, 251 Synopsis of treaties, 252; Sioux Reservation, 252 CHEYENNE RIVER AGENCY, 257 CROW CREEK AND LOWER BRUL AGENCY: Crow Creek Reservation, 258; Old Winne- bago Reservation, 260 PINE RIDGE AGENCY, 262 ROSEBUD AGENCY, 263 STANDING ROCK AGENCY, 264 Synopsis of Sioux treaties, 265 SISSETON AGENCY : Lake Traverse Reservation, 281 DEVIL'S LAKE AGENCY : Devil's Lake Reserva tion, 284; Turtle Mountain Reservation, 285; Ponca Reservation, 286 YANKTON AGENCY: Yankton Reservation, 287. CONTENTS. 5 CHAPTER XI. INDIAN RESERVATIONS OF IDAHO TERRITORY. FORT HALL AGENCY: Fort Hall Reservation, 291 ; Synopsis of treaties, 292; Unrati- fied agreement of 1880, 294 LEMHI AGENCY: Lemhi Reservation, 294 NEZ PERCE AGENCY: Lapwai Reservation, 296 COLVILLE AGENCY: Co^nr d'Alene Reservation, 300. CHAPTER XII. INDIAN RESERVATIONS OP INDIAN TERRITORY. Agencies, 304 CHEYENNE AND ARAPAHO AGENCY: Cheyenne and Arapalio Reser vation, 305; Synopsis of treaties made with Apache Indians, etc., 306; with Chey enne Indians, 303 ; with Cheyenne and Arapahoes, 308 ; Unratified agreement made October 19, 1872, with Arapahoes, Wichitas, Caddos, and others, 311 KIOWA, Co- MANCHE, AND WICHITA AGENCY : Kiowa and Comanche Reservation, 314 j Treaties . with the Kiowas, Wichitas, Katakas, Tawakaros, and others, 315 ; Wichita Reser vation, 318; Treaties with Delaware Indians, etc., 318; Unratified agreement of October 19, 1872, 323 OSAGE AGENCY : Osage Reservation, 323 ; Treaty with Osage Indians, 324 ; Kansas Reservation, 327 ; Treaties with Kansas Indians, 328 PONCA, PAWNEE, AND OTOE AGENCY : Ponca Reservation, 330 ; Treaties with the Ponca Indians, 330; Otoe Reservation, 333; Treaties with Otoe Indians, 333; Pawnee Reservation, 336; Treaties with Pawnee Indians, 336; Oakland Reservation, 339 Q UAP AW AGENCY : Quapaw Reservation, 340; Treaties with Quapaw Indians, 341; Modoc Reservation, 342 ; Ottawa Reservation, 343 ; Treaties with Ottawa Indians, 344; Peori a Reservation, 345; Kaskaskia treaties, 346 ; Treaties with Miami Indians, etc., 349. CHAPTER XIII. INDIAN RESERVATIONS OF INDIAN TERRITORY CONTINUED. QUAPAW AGENCY, continued: Seneca Reservation, 359; Shawnee Reservation, 359; Treaties with Shawnee Indians, 360 ; Wyandotte Reservation, 363 : Treaties with the Wyandotte Indians, 363 SAC AND Fox AGENCY: Sac and Fox Reservation, 367 ; Treaties with Sac and Fox Indians, 368 ; Iowa Reservation, 372 ; Kickapoo Reservation, 373 ; Pottawatomie Reservation, 374 ; Treaties with Pottawatomies, 375 UNION AGENCY : Cherokee Reservation, 381 ; Government of the Five Nations, 381; Cherokee treaties, 382; f'-hickasaw Reservation, 390; Treaties with Chicka- saws, 391 ; Choctaw Reservation, 396 ; Treaties with Choctaws, 397 ; Creek Reser vation, 400 ; Treaties with Creeks and Seminoles, 401 ; Seminole Reservation, 407; Treaties with Seminoles, 408. CHAPTER XIV. INDIAN RESERVATIONS OF IOWA, KANSAS; AND MICHIGAN. Iowa: SAC AND Fox AGENCY : Sac and Fox Reservation, 411 Kansas: POTTAWATO MIE AND GREAT NEMAHA AGENCY : Chippewa and Munsee Reservation, 412 ; Trea ties with Munsee Indians, 413 ; Kickapoo Reservation, 413 ; Kickapoo treaties, 414 ; Pottawatomie Reservation, 416 Michigan: MACKINAC AGENCY: Isabella Reserva tion, 417 ; L'Anse Reservation, 419 ; Ontonagon Reservation, 420 ; Treaties with Chippewa and other Indians, 420. CHAPTER XV. INDIAN RESERVATIONS OF MINNESOTA AND MONTANA. Minnesota: WHITE EARTH AGENCY: White Earth Reservation, 443; Leech Lake Reservation, 445 ; Mille Lac Reservation, 446 ; Red Lake Reservation, 446; Winne- bagoshish Reservation, 447; Boise" Fort Reservation, 448; Deer Creek Reservation, 448; Fond du Lac Reservation, 449; Grand Portage Reservation, 450; Vermillion Lake Reservation, 451 Montana Twritory : BLACKFEET AGENCY, 452 FORT BEL- KNAP AGENCY, 453 FORT PECK AGENCY, 453 Blackfeet treaties, 454 CROW AGENCY: Crow Reservation, 459; Synopsis of Crow Treaties, 459 FLATHEAD AGENCY: Jocko Reservation, 463; Synopsis of treaties with confederated bands of Flathead, Kootenai, and Upper Peud d'Oreille Indians, 464 TONGUE RIVER AGENCY: Northern Cheyenne Reservation, 467; Arapaho treaties, 468. b CONTENTS. CHAPTER XVI. INDIAN RESERVATIONS OF NEBRASKA, NEVADA, AND NEW MEXICO. Nebraska: SANTEE AND FLANDREAU AGENCY: Niobrara Reservation, 470 ; Synopsis of treaties, 472 POTTAWATOMIE AND GREAT NEMAHA AGENCY : Iowa Reservation, 478 ; Treaties with lowas, 478 ; Sao and Fox Reservation, 481 OMAHA AND WIN- NEBAGO AGENCY: Omaha Reservation, 482; Omaha treaties, 483; Winnebago Res ervation, 486 ; Winnebago treaties, 486 Nevada: NEVADA AGENCY: Pyramid Lake Reservation, 493; Walker River Reservation, 495; Moapa River Reservation, 496 WESTERN SHOSHONE AGENCY : Duck Valley Reservation, 498 ; Treaties with West ern band of Shoshones, 499 New Mexico: Pueblo Industrial School Reserve, 501; MESCALERO AND JICARILLA AGENCY : Mescalero Apache Reservation, 502 NAVAJO AGENCY: Navajo Reservation, 508; Treaties with the Navajo Indians, 509 PUEBLO AGENCY, 511 Zuni Pueblo Reserve, 513. CHAPTER XVII. INDIAN RESERVATIONS OF NEW YORK. NEW YORK AGENCY, 514 ; Oil Spring Reservation, 515 ; Cattaraugus Reservation, 517 ; Cornplauter Reservation, 518; Tonawanda Reservation, 519; Tusearora Reserva tion, 520; Onondaga Reservation, 521; St. Regis Reservation, 522; Oneida Reser vation, 523; Treaties with Six Nations, 525; Treaties with St. Regis Indians, 528; Treaties with Senecas, 529 ; Treaties with Mixed Senecas, Shawnees, and others, 534. CHAPTER XVIII. INDIAN TRIBES OF NEW YORK. Their condition, 535 Livingston's fraudulent leases, 538 Settlement of Massachu setts claims, 540 The Phelps and Gorham purchase, 540 The Robert Morris purchase, 541 The Ogden Land Company, 542 Indians of New York in the War of 1812, 547 Indian Reservations of New York, 548 The Thomas Asylum for Orphan and Destitute Indian Children, 554 Friends' Boarding School at Tunes- sasse, 558 The Seneca constitution, 568 Schools among New York Indians, 570 Statistics of, 573 Missions, 578 Indian agricultural societies, 578 State and United States annuities, 579 Wealth of New York Indians in 1861, 580 Statistics as returned by the State census, 581. CHAPTER XIX. INDIAN RESERVATIONS OF NORTH CAROLINA, OREGON, AND UTAH TERRITORY. North Carolina: EASTERN CHEROKEE AGENCY: Qualla Boundary and other lands, 587 Oregon: GRANDE RONDE AGENCY: Grand Ronde Reservation, 589 ; Synopsis of treaty with Rogue River Indians, 589 Treaty with Chastas, Scotones, and Ump- quas, 5b>2 ; with Umpquas and Calapooias, 593 ; with Molel Indians, 595 KLAMATH AGENCY : Klamath Reservation, 596 ; Treaty with Klamath and Moadoc Tribes, etc., 576; Malheur Reservation, 598 SILETZ AGENCY: Siletz Reservation, 601 UMA- TILLA AGENCY: Umatilla Reservation, 604 ; Treaty with Walla- Wallas, etc., 604 WARM SPRINGS AGENCY: Warm Spring Reservation, 607; Treaty with Walla- Wallas, etc., 608 Utah Territory: UINTAH AGENCY: Uintah Reservation, 610 OURAY AGENCY: Uncompahgre Reservation, 612. CHAPTER XX. INDIAN RESERVATIONS OF WASHINGTON TERRITORY. COLVILLE AGENCY: Colville Reservation, 613 ; Spokane Reservation, 61 ( >; Columbia Reservation, 617 ; Columbia or Moses Reserve, 617 ; Agreement of July 7, 1883, 618 ; Allotments made to Sar-sarp-kin and other Indians, 620 ; NEAH BAY AGENCY : Ma- kah Reservation, 629 ; Synopsis of treaty with Makah tribe, 630 NISQUALLY AND S'KOKOMISH AGENCY : Puyallup Reservation, -31 ; Treaty with Nisqually and other tribes, 632; Nisqually Reservation, 636 ; Squaxin Island Reservation, 636 ; Chehalis Reservation, 636 ; S'Kokomish or Twana Reservation, 639 ; Treaty with S'Klallams, 640 QUINAIELT AGENCY : Quinaielt Reservation, 642; Treaty with Quinaielt and CONTENTS. 7 Quillebute Indians, 642 ; Shoalwater Reservation, 644 TULALIP AGENCY : Snoho- mish Reservation, 644; Synopsis of treaty with Dwamish and other tribes, 645; Lummi Reservation, 646 ; Muckleshoot Reservation, 647 ; Port Madison Reservation, 648; Swinomish (Perry's Island) Reservation, 650 YAKAMA AGENCY: Yakama Reservation, 650 ; Treaty with Yakama Nation, 651. CHAPTER XXI. INDIAN RESERVATIONS OF WISCONSIN AND WYOMING. Wisconsin: GREEN BAY AGENCY: Menomonee Reservation, 653 ; Treaties with Me- nomonee Indians, 654 ; Oneida Reservation, 658 ; Treaty with First Christian and Orchard band of Oneidas, 659 ; Stockbridge Reservation, 659 ; Treaties with the Stockbridge Indians, 660 LA POINTS AGENCY: Lac Court Oreilles Reservation, 664 ; Lac de Flambeau Reservation, 666 ; La Pointe Reservation, 607 ; Bad River Reserve, 667; Red Cliff Reservation, 668 Wyoming: SHOSHOXE AGENCY: Wind River Reservation, 672; Synopsis of treaties with Eastern Shoshone Indians, 673. CHAPTER XXII. MISSIONARY WORK DURING THE NINETEENTH CENTURY. American Board of Commissioners for Foreign Missions, 677 American Missionary Association (Congregational), 679 American Unitarian Association, 680 Baptist Church missions, 680 Episcopal Church missions, 681 Friends (Hicksite), 682 Friends (Orthodox), 683 Work among the Shawnees, 684 Mission of Friends of Western Yearly Meeting in North Carolina, 686 Methodist Episcopal Church (North) missions, 688 Same (South), 689 Moravian Church, 689 Presbyterian Church (North) missions, 690 Presbyterian Church (South) missions, 691 Roman Catholic Church missions, 692 United Presbyterian Church missions, 693. [Senate Ex. Doc. No. 95, Forty-eighth Congress, second session.] Letter from the Secretary of the Interior, transmitting, in answer to Senate resolution of the 23d instant, a report of the Commissioner of Education regarding the progress of Indian education and civilization. IN THE SENATE OF THE UNITED STATES, February 23, 1885. Resolved, That the Secretary of the Interior be directed to furnish to the Senate the information in the possession of the Commissioner of Education, showing the pro gress of Indian education and civilization. Attest : ANSON G. McCooK, Secretary, FEBRUARY 26, 1885. Ordered to be printed, and, with the accompanying papers, referred to the Committee on Printing. MARCH 3, 1885. Accompanying papers ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, February 25, 1885. SIR : I have the honor to acknowledge the receipt of a resolution of the Senate, dated 23d instant, in the following words : That the Secretary of the Interior be directed to furnish to the Senate the informa tion in possession of the Commissioner of Education, showing the progress of Indian education and civilization. The Commissioner of Education having been called upon for report, has this day submitted the accompanying letter, with copies of papers containing the information desired. 1 Very respectfully, H. M. TELLER, Secretary. The PRESIDENT PRO TEMPORE OF THE SENATE. DEPARTMENT OF THE INTERIOR, BUREAU OF EDUCATION, Washington, D. C., July 16, 1887. SIR : In obedience to instructions from the Department conveying a resolution of the United States Senate of February 23, 1885, calling for *The report was subsequently returned to the Commissioner for further revision and amendment. 9 10 LETTER OF TRANSM1TTAL. the information possessed by this Office in regard to the progress of In dian education and civilization, I have the honor to forward the accom panying report prepared by Alice 0. Fletcher, partly from material col lected by this Office and partly from the results of her own wide and varied knowledge of the subject. The material now forwarded comprises a historical resume of the rela tions between the Indians and the American colonists prior to the War of the Revolution, and of the origin and progress of the Indian policy of the Government from that date to the present time, with statements respecting the agencies, reservations, lands, legal status, population, trade, and education of these wards of the nation. I beg to invite special attention to the zeal, industry, and judgment shown by Miss Fletcher in the preparation of this material and the treatment of these important topics, qualities which do credit to the author and render this document of great value to the Government and the people of the country. I am, sir, very respectfully, your obedient servant, N. H. K. DAWSON, Commissioner. The Hon. SECRETARY OF THE INTERIOR. PREFATORY NOTE. The writer is fully aware of the inequalities of treatment in the following report. These are incident to the limitation of time in its preparation, owing to the lack of appropriation to carry the work to completeness. In the historical chapters, covering the period prior to the Revolution, the legal enactments and educational efforts in behalf of the Indians are set forth in but two of the colonies Virginia and Massachusetts; but as these led the other plantations, so to speak, In their relations with the natives, the omissions are not vital to the general picture. The influence of the Six Nations of New York, and the French control of the tribes to the north and west, are but little more than hinted at in the report, because these are fully set forth in the works of Mr. Francis Parkman and in the Documentary History of New York. The story of the Delaware tribe, under its Moravian missionaries, that suffered practically an extermination while acting as a barrier between the settlers and the wild tribes to the westward, is told only in bare outline. The original plan of this report embraced the history of each existing tribe from its first contact with the white race to its present reservation life; but funds were not available for so great an undertaking, although much material was collected. The story, however, is told in part by the synopsis of all the treaties made with each tribe, if one recalls, as he reads, the ever-present power of trade and the current events at the various periods of negotiation, which more or less shaped each treaty as it was made. The resume" of laws reveals the singular position in which the Indian has been placed toward the nation, and also shows a strange falling away from legal privileges by the mixed bloods, who, by birth, are and always were citizens of the United States. In the entire report the curtailment of time for labor on the one hand, and of space on the other, are plainly discernible, and have necessarily limited the report to an outline study, rather than made it a history of Indian education and civilization. A. C. F. 11 INDIAN EDUCATION AND CIVILIZATION. CHAPTER I. THE SIXTEENTH CENTUKY. Whence came the American Indians ? This question still engages the attention of scientific scholars. Archaeological research reveals the fact of the high antiquity of man upon this continent, making it equal to, if not exceeding, that already accorded to man in Europe. The re mains of habitations are plentiful and varied ; they indicate movements of peoples over our country, one group displacing another ; but whence the first impulse started remains unsolved. It seems probable that communication between this hemisphere and that of the East took place in the past, both by way of the Pacific ahd by the North and South Atlantic. How long or how extended this in tercourse was, is as yet unknown. At present the evidence seems to point toward a composite character for the race found here by Euro pean nations four hundred years ago, and this in the face of marked similarities. The causes that held the people of the Americas from achieving a civilization approaching that of the eastern continents are perhaps not yet fully accounted for. Two physical peculiarities, however, may be mentioned as more or less influential in hindering a rapid advancement in America. The configuration of the two hemispheres presents a marked contrast: in the eastern the great body of the country lies from east to west and the formation of the land is such as to foster the growth of varied peo ples along the line of the same zone ; in the western the stretch is from north to south and the two extended areas of land are separated by an equatorial sea and the mountainous ridge of a narrow isthmus, thus hold ing the people in comparative isolation, while the expanse of ocean on each side prevents free outside intercourse. The absence of domesticated animals added to the difficulties of the people. His herds not only insured the man of the eastern continents a constant supply of food, but the horse and the ox relieved him from the heavier burdens of work. They permitted the accumulation of wealth, and by securing release from hunger and want set free the 13 14 INDIAN EDUCATION AND CIVILIZATION. mental powers, so that man could bring about higher social and govern- mental conditions. It is by observing the status of peoples in the East who did not possess these animals that we are enabled to realize the debt civilization owes to herds and horses. Their absence in America ranks the advance in agriculture and the arts attained by the people of this continent higher than would otherwise be the case ; and also in a great degree explains the widespread hunter-life, the primitive governmental state, the absence of co-ordinated society, and the general classification of labor by sex. The tribal relation was better fitted for hunters than any form of arbitrary government that might have led to a higher type of society. In the sixteenth century the Spanish, French, and English nations engaged in ventures for discovery and colonization. The Spaniards, however, penetrated farther into the present territory of the United States, and came in contact with more of the aboriginal population than either of the other nations. It is from the records of the Spaniards } therefore, that we mainly derive our historical knowledge of the Indians at that early date. The Spanish voyages to the coast of Florida between 1513 and 1528 were generally slave-procuring ventures, and their records afford little information concerning the natives. Though the pretentious expedition of Narvaez, which landed at Tampa Bay, Florida, in 1528, encountered defeat and disaster, all but four members perishing, yet by means of the intelligence and fortitude of the treasurer of the ill-fated company, Ca- beza de Yaca, a record has been left giving much valuable information concerning the inhabitants of the interior of the continent. During a period of captivity extending over six years Cabeza de Yaca devoted himself to a study of the languages of the natives of Alabama and Mis sissippi, and noted their customs. After many adventures he escaped, and spent two years in trying to rejoin his countrymen. In his journey- ings he traversed the country from the Gulf of Mexico, through the territory at present covered by Louisiana, Texas, New Mexico, and the Mexican state of Sonora, to the Pacific Ocean. His skill in medicine caused him to be everywhere kindly received and treated with respect. He was usually accompanied from place to place by a retinue of natives. He says, "Although we knew six languages we could not everywhere avail ourselves of them, there being so many differences." l The tribes inhabiting the present Gulf States were found living in villages. Some of these were surrounded with palisades. The houses were built of sun-dried brick or of timber stuccoed with clay, and thatched with cane or covered with mats. Some of these houses were sufficiently commodious to accommodate several hundred persons. The country abounded with game, and the people raised maize, beans, and pumpkins. Cotton was cultivated, and the arts of spinning and weav- 1 Shipwrecks of Cabeza de Vaca. Translated by Buckingham Smith. Washing ton. Privately printed, 1851, p. 103. CABEZA DE VAC A AND CORONADO 15 ing were known. The "blankets of cotton" were declared by the trav eller to be better than those of New Spain. 1 In the southwest the tribes inhabiting the regions that were arid were on that account less thrifty and advanced, and they live to-day in much the same manner as when Oabeza de Vaca met them over three hundred and fifty years ago. Their dwellings were " wicky ups," made of boughs, and their food consisted of roots or other scanty natural prod ucts of the region. In some localities the Indians had no domestic utensils, and collected the juice of fruits in holes in the earth; others cooked food by casting heated stones into calabashes partly filled with water and containing the food to be cooked ; and still others had clay jars, in which they preserved their maize by burying it in the earth. Approaching the Mexican settlements near the coast of the Gulf of California Oabeza de Yaca met a Spanish slave hunting expedition, which had laid waste the entire country. The Indians had deserted their towns and fled to the mountains. On his assurance of safety, they returned to their homes ; but the leader of the expedition violated this pledge, and, capturing as many as possible, hurried them away into slavery. The tribes on the Pacific coast subsisted mainly on fish, game, acorns, nuts, berries, and roots. The camas bulb was an important article of food, serving to make a kind of bread. Maize was unknown to these Indians as late as 1805. 2 The narrative of Cabeza de Yaca and the glowing accounts of a Spanish priest who had explored the interior and seen at a distance the wall of Cibola, inspired the expedition of Coronado. This adventure made known a wide extent of country, reaching east to the tributaries of the Mississippi and north to the Arkansas River. The Indians were not at first subjugated by the invaders, and Spanish civilization made little impression upon them. Conversion was chiefly in form. The Pueblos dwelt then as now in their communal dwellings, and com paratively little change has taken place in their vocations or customs. 3 Coronado had hardly reached Mexico, returning from his unsuccessful search for fabulous wealth, when another, expedition, stronger and more completely equipped than any that had left Spain for the New World,' sailed to explore and conquer Florida. It was commanded by De Soto, who had won fame and fortune under Pizarro in the conquest of Peru. After stopping in Cuba to complete his preparation and enroll the vol unteers who flocked to his standard, he continued west and reached 1 Shipwrecks of Cabeza de Vaca, p. 102. 2 Lewis and Clarke's Travels, Vol. I, p. 384. 3 Buckingham Smith, in a note to his translations of the narrative of Cabeza de Vaca, speaking of Bernard Romans' Concise Natural History of East and West Florida, published in 1775, says: "This volume shows the customs and character of the tribes along the Gulf coast seventy-five years ago to have differed but little from those that Cabeza had before described." 16 INDIAN EDUCATION AND CIVILIZATION. Florida in 1539. During his three years of wandering he passed through the present States of Florida, Georgia, South Carolina, Alabama, and Mississippi, and penetrated into the country west of that great river beneath whose waters he found a grave. On the arrival of De Soto at the Cherokee town ot Chiaha he was kindly received by the chief, who, in his speech of welcome, said : From Giiaxale your Lordship sent unto me, that I should prepare Maiz for you in this town for two months : Here I have for you 20 barnes full of the choicest that in. all the Countrie could be found. 1 The adventurers also found " much butter in gourds melted like oile ; they said it was the fat of beares ; also great store of oile of walnuts which was cleare as butter." The town was surrounded by " verie good meadows and manie fields sowne with Maiz." 2 A certain Indian governess visited De Soto in great state from one of her towns on the Savannah Eiver. The visit is thus described : Within a little while the Ladie came out of the towne in a Chaire, whereon certain of the principall Indiana brought her to the River. ' She entered into a barge, which had the sterne tilted over, and on the floore her mat readie laied with two cushions upon it one upon another, where she sate her down. 3 The writer continues concerning the country : Within a league and halfe a league about; this towne, were great townes dispeo pled, and overgrowne with grasse; which showed, that they had been long without inhabitants. The Indians said, that two yeere before there was a plague in that Countrie, and that they remooved to other townes. There was in their store houses great quantitie of clothes, mantles of yarne made of the barkes of trees, and others made of feathers, white, greene, red, and yellow, very fine after their use, and profit able for winter. There were also many Deeres skinnes, with many cornpartiinents traced in them, and some of them made into hose, stockings and shooes. 4 De Soto had planned to settle a colony in some favorable, locality, and his expedition was provided with a herd of swine, as well as with chains for Indian slaves. The swine multiplied with remarkable rapidity. After De Soto's death his effects were disposed of by auction to his fol lowers, and seven hundred swine figure as an item of the property sold. 5 During the march swine for breeding purposes were often presented to the Indians and many others strayed and fell into their hands, so that in a few years they were extensively distributed. Horses and mules were too valuable to the Spaniards to be given away, and the Indians feared them and were glad to destroy them whenever op portunity offered. One historian asserts 6 that the Indians obtained cows from De Soto, but no other authority can be found for this state ment and no mention is made by any writer within our knowledge of neat cattle as forming part of the outfit of the expedition. De Soto's wanderings across the country might be traced by the groans of Indian captives, male and female, reduced to slavery and compelled Portuguese Narrative of De Soto's expedition; Force's Historical Tracts, Vol. IV, p. 48. *Ibid., p. 49. 3 Ibid., p. 43. *lbid., p. 44. * Ibid., p. 98. Pick- ett : Hist, of Alabama. SOCIAL CONDITION OF THE ABORIGINES, 17 to bear the burdens of the soldiers ; by the flames of dwellings, the deso lation of fields, and the heaps of slain, young and old. In 1535, Cartier ascended the St. Lawrence to the present site of Mon treal, where he found a considerable town surrounded by palisades formed of " trunks of trees set in a triple row, the outer and inner ranges inclined till they met and crossed near the summit, while the upright row between them, aided by transverse braces, gave to the whole abundant strength. Within were galleries for the defenders, rude ladders to mount them, and magazines of stones to throw down on the heads of assailants." 1 The houses were "50 yards or more in length, .and 12 or 15 wide, framed of sapling pales closely covered with sheets of bark. Surrounding the town were extensive fields of maize, beans, and pumpkins." The Indian tribes met by these early French explorers belonged to the same family as those scattered throughout the territory now cov ered by the Northern and Middle States. These Indians dwelt in vil lages and cultivated the soil to a limited extent. For their animal food they depended upon fishing and the chase. The same was true of the tribes living west of the Mississippi River. The presence of large herds of buffalo, however, tended to modify the life of the tribes depend ing upon that animal for food and raiment. The Indians followed the migration of the buffalo, and, therefore, tents were commonly used as habitations rather than the more permanent structures already men tioned, although this was not true of all the buffalo-hunting tribes. The hunts were conducted according to fixed tribal ceremonials and reg ulations, more or less religious in character. The manufactures of the Indians consisted of articles of pottery ; stone and copper axes and chisels ; arrow-heads 5 mortars of stone and wood for grinding maize; stone and bone hoes and skin dressers; dressed hides of the deer and elk, from which they made clothing and moccasins, embroidered with quill work ; weaving and spinning of vege table fibres; canoes, rope, and domestic utensils from bark ; snow-shoes; fish nets of sinew; and wooden war-clubs, spears, and bows. Throughout the territory of the United States the various Indian tribes, with few if any exceptions, had a social organization based upon kinship. Each tribe was divided into clans, septs, or gentes, under the leadership of chiefs. Among the Pueblos and the tribes of the Pacific coast, and those formerly living in the present Gulf, Middle, and North ern States, the woman carried the clan, or septs ; that is, the children belonged to the clan of the mother and not to that of the father, who must be of a different clan. In tribes having descent by the mother, women frequently held public office. The American Archives give in stances of the interposition of these "female governesses" 2 in gov ern mental and other matters. Women generally held the household 1 Parkuian : Pioneers of Frauco in the New World, 189. ' 2 American Archives, 1st series, Vol. V, col. 1101. S. Ex. 95 2 18 INDIAN EDUCATION AND CIVILIZATION. property as their own. To them belonged all the duties pertaining to the conserving of life ; they formed the only non-combatant class, and, therefore, upon them devolved the industrial pursuits and the care of thtf possessions of the people. To the men belonged the duties of the provider and protector, which required them to be hunters and warriors. ]S"o regular army organization existed among the Indian tribes. Every man strove to be a warrior. All war parties, large or small, were com posed of volunteers, who during the expedition followed and obeyed their leader, but disbanded upon their return, each one claiming for him self such honors as he was able to win individually. The fighting was not conducted by any system of tactics for combination ; each man looked out for himself and did as he deemed best, although he would fly to the rescue of a fallen friend to prevent liis being mutilated by the enemy. Religious ceremonies attended the preparation and setting out of war parties, and grave responsibilities rested upon the leaders. The polity of the Indian tribes was an interweaving of the religious and civil elements and powers. The chiefs of the various clans com posed the council, which was the central authority. In this assembly all the affairs of the tribe were settled, and a unanimous consent was needful to a decision and consequent action. The hereditary duties of the clans determined somewhat the relative positions and functions of the chiefs, but personal ability generally secured the head chieftainship. The office of chief was in part religious, and the inauguration ceremo nials partook of that character. To promote internal peace and the welfare of the people was an important part of the duty of a chief. He seldom led in war after he was installed in office, although in his earlier days he had proved his personal prowess as a successful leader of war parties. The punishment of offenders was generally left to those who were aggrieved or to their relatives. In cases where the vengeance tended to go too far the chiefs interfered to restore harmony and peace. Indian social order was without caste or personal inheritance of power or property. The clan was superior to the individual in these and other respects, and hell its members bound by bonds impossible to break or to be released from except by expatriation. There was little or none of the co-ordination or centralization which goes to form a na tion, among any of the tribes; therefore conquest in the Eastern sense did not enter into the ambition of a tribe or league of tribes. This outline sketch shows the Indians in their native coudUion when first met by the Spaniards. This condition exists to the present day, except as it is modified by the changes induced through the loss of game, the pressure of the white population, and the taking on of civilized ideas and modes of life. The previous experience of the Spanish in the New World had pre pared them to expect to find the country thickly populated. Their search for gold sent them to regions which the tales of the natives peopled with THE ABORIGINAL POPULATION EXAGGERATED. 19 numerous powerful tribes, having* cities rivalling in extent and mag nificence those of ancient Mexico and Peru. To these expectations may be attributed many of the exaggerations which color the Spanish nar ratives respecting the number of Indians inhabiting the regions visited by the Spanish adventurers. Several causes conspired to reduce the Indian population on the invasion of the white race. Among these were strange and fatal diseases, like the small-pox, which baffled the skill of the native physicians; the wars in which they became involved with the whites ; and the policy inaugurated by De Soto and continued by the French and English of fomenting wars between the tribes, and of using them as allies for the sake of temporary advantage. It is highly probable that the decrease of the Indian tribes has not been so great as is generally stated and popularly supposed. Recent experience has proven that any accurate enumeration of an Indian tribe invariably re duces preceding estimates in a remarkable degree. It is doubtful if the Indian population of the territory now forming the United States ex ceeded half a million at the beginning of the sixteenth century. The localities of the various tribes were generally the same in the sixteenth century as in the two centuries following. Conquest, settle ment, and purchase made but slight changes in the distribution of the Indians. MISSIONARY EFFORTS IN THE SIXTEENTH CENTURY. The missionary efforts of the sixteenth century in behalf of the In dians were put forth solely by the Spaniards. The expedition of Nar- vaez to Florida, in 1528, was accompanied by a number of Franciscans, under the direction of Father John Juarez, who had labored in Mexico. No mission was founded, however, and the Franciscans perished *' of famine, disease, or by the hands of the Indians." 1 De Soto and bis fol lowers in '1539 were attended by twelve priests, eight inferior clergymen and four monks. Their efforts to convert the natives were fruitless, and all the missionaries perished before the remnant of the expedition reached Tampico. In 1544 Father Andrew de Olmas penetrated alone into the country north of the Rio Grande, and reached the rolling prairies. The inhab itants "listened in peace to his doctrines," and several followed the missionary to Tamaulipas, where he instructed them. 8 About the same time the Dominican father, Louis Cancer de Bar- bastro, visited Spain, and through the good offices of Las Casas, who was a fellow-passenger on the voyage thither, secured the patronage of Philip II, and a royal decree emancipating all natives of Florida who were held in slavery in Spanish America. He returned to this country, and, with three companions belonging to the same order, sailed to Florida. A few days after landing ho and one of his companions were , Catholic Missions, p. 40. *Il>id., p. 45. 20 INDIAN EDUCATION AND CIVILIZATION. killed by the Datives. The others fled from the country in the vessel that brought them. 1 In 1553 three hundred Spaniards, survivors of a shipwreck, landed on the Florida coast, among them five Dominicans, four of whom, with all their companions, perished in the attempt to reach Mexico by land. One survivor, after enduring great hardships, finally reached Tampico. A Spanish expedition, consisting of thirteen vessels and fifteen hun dred men, was dispatched in 1559. Several of the vessels were driven ashore in a storm, and many men perished. The survivors, establish ing themselves in Florida, sent back for aid. Before it arrived the leader, with a portion of his followers and two Dominicans, penetrated into the interior, formed an alliance with the Creeks, and marched west to the Mississippi to attack the Natchez, with whom the Creeks were at war. Returning to the Creek country, the Spaniards spent some time there, the missionaries laboring to convert their Indian allies; "but their efforts were not crowned with success, and only a few baptisms of dying infants and adults rewarded their zeal." 2 After many vicissitudes the colony and missions of Santa Cruz, in Pensacola Bay, were aban doned in 1561. 3 In 1565 the first permanent Spanish settlement in Florida was made by the founding of Saint Augustine by Meneudez. The expedition consisted of thirty-four vessels and two thousand six hundred forty- six men. More than twenty Franciscans, Jesuits, and other ecclesiastics accompanied it. 4 Soon after the colony arrived Meueudez sent a party of soldiers and some Dominicans to build a fort and begin a mission among the Indians of Virginia. They were accompanied by an Indian chief belonging to one of the Virginia tribes. They failed to reach their destination, and, alarmed by storms, sailed for Spain, where the chief was baptized by the name of Don Luis Velasco. 5 Missions were begun at several places in Florida, and in 1588 a re-en forcement of eleven Jesuit missionaries arrived. 6 An Indian school was opened at Havana under the charge of two missionaries, who had learned the native language and " drawn up vocabularies by the help of natives then in Havana." 7 In 1567 Father Roger tried to win the Indians of Florida to industrial pursuits ; " lands were chosen ; agricultural implements procured twenty commodious houses raised. 7 After eight months' application he judged many sufficiently instructed to receive baptism ; and, calling a council of the chiefs, proposed that the tribe should " renounce the devil and embrace the new faith." 8 The natives, however, voted unani mously to reject the new faith. The missionary departed, and after spending some time fruitlessly with other tribes, returned in 1570 to Havana with some Indian boys to be placed at school. 9 1 Shea's Catholic Missions, pp. 46-49. 2 Ibid., p. 51. *Ibid., p. 52. / bid., p. 55. 6 Ibid., p. 56. 6 /&*<*., p. 58. ' Ibid., pp. 57-58. /6id., p. 60. p. 61. CATHOLIC MISSIONARY EFFORTS IN FLORIDA. 21 At this juncture Meuendez arrived in Florida with a new re-enforce ment of ecclesiastics, a Jesuit priest, and two novices, accompanied by the baptized Indian chief, Don Luis. 1 It was determined to begin a mis sion among the Indians of thelatter's tribe. Accordingly Father Segura, with seven other ecclesiastics, Don Luis, arid the Indian youths who had been educated at Havana, took ship for the Chesapeake. The ves sel returned to Lower Florida, leaving the party to pursue their journey into the interior in order to find the tribe of Don Luis. When at last that chief regained his people, from whom he had been separated against his will by Spanish marauders, he lt apostatized," and the missionaries and their Indian pupils, save one who escaped, were put to death. Men- endez visited the region in 1572 to avenge the death of the missionaries, and captured some of the Indians. Eight were executed for their crime- Don Luis, however, escaped. 2 The following year a baud of Franciscans arrived at Saint Augustine, and in 1592 twelve more were added to their number. About this time Father Pareja prepared an abridgment of Christian Doctrine, in the Yamassee tongue. 3 In 1597 a priest of the Florida colony publicly re proved a young chief, who became angered and determined to free his people from priestly restraints. Gathering his followers together he began his work by killing the priest who had reproved him, and did not cease fighting until four missionaries had been slain, and one, whose life was spared, had been carried off and sold into slavery. The insurgent Indians were finally defeated by those who remained true to the whites 5 but the missions were for the time abandoned and no further attempts to convert the natives of Florida were made in the sixteenth century. In the southwest Franciscan missionaries accompanied the expedition of Coronado, which set out from Mexico in 1539 for the region to the north. When Coronado was about to return two of them remained to labor among the Indians of New Mexico. They met with no success one was killed, the fate of the other is unknown. 4 In 1581 three missionaries started from Mexico with ten soldiers and six Mexican Indians, and halted at one of the pueblos where, on account of the refusal of the soldiers to go farther, the missionaries began their labors. Inspired by their apparent success one of their number was sent to Mexico for auxiliaries, but he perished at the hands of some wandering Indians soon after starting on his journey. Within a year the other two were killed. 5 Some time after, two Franciscans accompanied an ex pedition led by Costano, but these were also put to death. In 1597 a colony from Mexico led by Onate penetrated New Mexico and founded the post of San Gabriel on the Eio Grande, the first permanent European settlement in that region. Seven Franciscans joined the colony, and these were re-enforced the succeeding year by several other mission aries. 6 1 Shea's Catholic Missions, p. 63. 2 Ibid., pp. 62-65. 3 Ibid., pp. 66-67. * I bid., p. 44. * bid., p. 77. e [bid ^ p . 78. 22 INDIAN EDUCATION AND CIVILIZATION. During the sixteenth century the Indians made no real progress towards civilization. Their contact with the white race was attended by wars, slavery, and other evils connected with the presence of soldiers. The introduction of fire-arms gave to those who first secured them an advantage over the primitive weapons of less fortunate adversaries. This caused changes in the relative power of tribes, and tended to in crease intertribal disturbances. Some of the aborigines became pos sessors to a slight extent of domestic animals. A few Indians were taught letters, but it is doubtful if any tribe or number of individuals became christianized. Of the missionaries who endeavored to teach the people the doctrine of the Eoman Catholic Church, one-half lost their lives while making their zealous efforts in this behalf. CHAPTER II. THE SEVENTEENTH CENTURY. The English attempts to form settlements upon the coast of North America during the last quarter of the sixteenth century were unsuc cessful. Although the colonies disappeared, the name Virginia, given to the region, remained to the English, while to the natives it was a heritage of distrust, owing to their primitive confidence having been betrayed by hasty and cruel actions on the part of the colonists. As early as 1585 many of the Indians accepted the prophecy that " there were more of the English generation yet to come to kill theirs and take tbeir places." 1 The century saw this prophecy fulfilled by the planting of twelve of the original colonies that have since spread over the breadth of the land. 2 VIRGINIA. Civilization. The charter issued to the Virginia Company by James I., April 10, 1606, commends the "Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Keligion to such People as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infi dels and Savages living in those Parts to human Civility and to a set tled and quiet Government." 3 The second charter, dated May 23, 1609, declares, " the principal Effect, which we can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and Christian Religion." 4 The third char ter, given March 12, 1612, makes a similar statement concerning the " reclaiming of People barbarous to Civility and Humanity." 5 The in fant colony on the James River, "weak in numbers and still weaker from want of habits of industry," 6 were from the first dependent upon the Indians for food, and two years after the founding of Jamestown the natives regarded the English as beggars, and planned to starve them out of the country. 7 1 Bancroft . Hist, of the U. S., twenty-fourth edition, Vol. I, p. 99. 2 A sketch of the laws affecting the Indians in the two principal colonies of this century gives a picture of the legal and the social status of the Indian and his op portunities for civilization. 3 Stith : Hist, of Virginia; Appendix, p. 1. 4 Ibid., p. 22. & Ibid, p. 23. 6 Bancroft: Hist, of the U. S., Vol. I, pp. 126, 140. 7 Ibid., p. 139. 23 24 INDIAN EDUCATION AND CIVILIZATION. One of the first treaties of which we have a record was made with the Chickahoniiuies by Sir Thomas Dale in 1613. This tribe was at enmity with the Indians under Powhatan, and the English were now closely allied with the latter by the marriage of Pocahontas, therefore the Chick- ahoininies desired to secure the friendship of the colonist. The treaty indicates the position of dependence in which the colonists were placed, and the ignorance of the Indians as to what constituted being an En glishman. It also presents a suggestive picture of the races that were now brought face to face, and destined to act and react on each other. The treaty reads : I. Tbat they should forever be called Englishmen and be true Subjects to King James and his Deputies. II. That they should neither kill nor detain any of the English or of their Cattle, but should bring them home. III. That they should be always ready to furnish the English with three hundred Men against the Spaniards or any other Enemy. IV. That they should not enter any of the English Towns before sending in Word, that they were now Englishmen. V. That every fighting Man at gathering their Corn should bring 2 Bushels to the Store as a Tribute, for which he should receive as many Hatchets. VI. That the eight chief Men should see all this performed or receive the Punish ment themselves ; and for their Diligence they should have a red Coat, a copper Chain, and King James' Picture, and be accounted his Nobleman. 1 Sir Thomas Dale encouraged his colony to plant much corn, and it was not long before he was able to supply needy tribes with this food and for the " Repayment whereof the next Year he took a Mortgage of their Whole Countries.'' 2 As late as 1G16, Powhatan charged Tomocomo, who accompanied Pocahontas and her husband to England, not only to take the number of the people in England, but " to take an Account of their Corn and Trees." The Indians who had previously visited England had seen little else but London, and " had r eported much of their Men and Houses, but thought they had small Store of Corn and Trees. And it was therefore a general opinion among these Barbarians that the English came into their country to get a supply of these ; which might be strengthened and confirmed by their sending large Quantities of Cedar, Clapboard, and Wainscot to England, and by their continual Want and Eagerness after Corn." 3 The establishment of the English on the " waste laud" 4 of the In dians was not effected in a manner that accorded with the pious word ing of the charters. We learn that "the rights of the Indians were little respected, nor did the English disdain to appropriate by conquest the soil, the cabins, and the granaries of the tribe of the Appornat- tocks." 5 The tribute of corn was not always peaceably obtained, 6 and friendly relations with the natives were not stable. 7 In 1618, the ^Stith: Hist, of Virginia, pp. 130-131. 2 /6/d., p. 140. *Ibid, pp. 143-144. * Bancroft : Hist, of the U. S., Vol. I, p. 12C. 6 Ibid., p. 145. 6 Stith : Hist, of Vir ginia, p. 140. f Hid., p. 143. AMBUSH AND SURPRISE OPPOSED TO MILITARY DISCIPLINE. 25 governor published several edicts, among them "That no Indian should be taught to shoot with Guns, on Pain of Death to Teacher and Learner ; that there should be no private Trade or Familiarity with the Savages." l Beads were the current coin in Indian trade, and in 1621 Oaptain Norton with some Italian workmen " were sent over to estab lish a glass furnace for the manufacture of these articles." 2 The pressure of the settlers upon the Indians threatened to create serious difficulties ; and the first elected assembly, which convened in the choir of the church at James City, July 30, 1619, made provision for the protection of the Indians from injury and injustice. 3 Unfortu nately the settler, in his haste and desire to better his estate, did not pause to consider that the savage occupant of the soil was a man hav ing a sense of right and wrong, and believing in self-protection as fully as his white neighbors. The villages of the Indians were scattered over a wide territory, and were quite small, seldom containing more than fifty inhabitants, although a few may have had over two hundred. The people were not accustomed to meet together in large numbers, or to act together either for defense or aggression. It has been computed that within a radius of 60 miles of Jamestown the Indian population did not exeeexl five thousand, and of these about fifteen hundred were warriors. 4 Many tribes and clans were more or less affiliated under the chieftainship of Powhatan, and these could raise about twenty-four hundred warriors. The men of the colony were equal in number, and provided with firearms; they were also accus tomed to concerted action, which made them still more formidable. On the other hand, it was contrary to all Indian custom for warriors to com bine as an army; this peculiarity and their inferior weapons made their methods of warfare against the English almost a necessity. The Indians, finding their claims to fair dealing frequently set at naught, their lauds appropriated by strangers, and their lives threat ened, counselled how they might rid the country of a people who threat ened destruction to the original inhabitants. Open battle was unknown to them. Ambuscade and surprise were bred of forest experience. View ing the circumstances from the native's standpoint it is not surprising that the Indians determined to exterminate the English; nor is the manner in which it was attempted strange, even in the history of our own race. At the same time of day, on March 22, 1622, three hundred and forty-seven colonists fell at the hands of the Indians. By this ter rible disaster the colony was crippled, not destroyed, for Christian In dians, at the risk of their own lives, had warned their English friends, and the larger part of the colony was thereby saved. The next year the records show that there were two thousand five hundred English men remaining in Virginia. 5 'Stith: Hist, of Virginia, p. 147. * Ibid., p. 198. 3 Perry: Hist. American Epis copal Church, Vol. I, p. 6. * Bancroft: Hist, of the U. S., Vol. I, p. 180. B Ibid., p. 183 and notes. 26 INDIAN EDUCATION AND CIVILIZATION. The massacre of March 22, 1622, put an end to many friendly relations and projects. 1 The Indians were disfranchised, 2 and the races became irreconcilably opposed to each other ; henceforth the laws of war became the defense of covetousness. 3 At the convening of the fourth Assembly, in March, 1624, the following laws were enacted: ART. XVII. All public as well as private trade with the Indians for corn shall be prohibited after June following. ART. XXIII. Every dwelling to be palisaded. ART. XXIV. People to go armed. ART. XXVIII. A watch to be kept day and night. ART. XXXII. That at the beginning of July following every corporation should fall upon their adjoining Indians, and every one injured in this warfare to be cared for by the Stat--. 4 As a result of this policy acts of cruelty were of frequent occurrence, and ill-feeling between the English and Indians increased. In October, 1629, the General Assembly enacted laws for a more organized warfare. Commanders of plantations were to levy a force for the defense of the habitations ; and arrangements were made for three expeditions, to start in November, March, and July, to clear those parts and " to doe all man ner of spoileand offence to the Indians that may possibly bee effected." 5 The Assembly of March, 1630, declared that the war against the Indians was to be prosecuted and no peace made j 6 and in 1632 all persons were prohibited to speak to Indians, except those planters living on the East ern Shore. 7 Commanders were authorized to fall upon lurking Indians, or any who should molest hogs. 8 A writer, speaking of the difficulties of the early settlers, says of the Indians : Being accustomed to the practice of killing whatever came in their way, they ranked the planters' hogs, turkeys, and geese among their game, and freely preyed upon them. The planters as freely made use of their arms in defense of their property, and sev eral Indians were killed during their depredations. This occasioned war, and the Indians poured their vengeance indiscriminately, as usual, on the innocent and guilty, for the loss of their friends. 9 In 1633 the Assembly fixed the penalty for selling arms to Indians at a loss of all goods and chattels and imprisonment for life. It was also enacted that no cloth should be sold to Indians. 10 Warfare continued, and in 1643 the Assembly decreed that no peace was to be made with the natives, who were greatly distressed by sudden raids upon their villages. 11 The county that furuished these raiders paid the expense of the expeditious. 12 These grievances and the despair bred of their circumstances led the Indians in 1644 to attempt to rid their country of the English by an in discriminate killing. 13 The colonies made a prompt resistance. The Assembly in February, 1645, authorized the association of three couii- Hist, of Virginia, pp. 218, ',119, 235, '281. 2 Bancroft: Hist, of the II. S. f Vol. II, p. 241. *Ibid., Vol. I, p. 184. Hening: Statutes of Virginia, Vol. I, pp. 121-129. *Jm, pp. 140-141. 6 lbid., p. 153. 7 Ibid., 107. *Ibid., p. 176. 9 Hewatt: Hist, of North Carolina, Vol. I, pp. 78-79. Aliening: Statutes of Vir ginia, Vol. I, p. 219. n Bancroft: Hist, of the U. S., Vol. I, p. 207. Ali Statutes of Virginia, Vol. I, p. 2*5. 13 Bancroft: Hist, of the U. S., Vol. I, p. 208. THE PEACE OF 1646. 27 ties to carry on the war, and every fifteen tithables to furnish one soldier, 1 Provision was also made for the building of Fort Royal, Fort Charles, and Fort James. 2 The following year Fort Henry, at the falls of the Appomattox, was built and garrisoned, and the war against the Mansimuin and neighboring Indians pushed by "cutting up their corn and doing or performing any act of hostility against them." 3 There being "almost an impossibility of a farther revenge upon them, they being dispersed and driven from their towns and habitations, lurk ing up and down in the woods in small numbers, peace would conduce to the better being and comditie of the country," 4 the Assembly there fore made arrangements for meeting and concluding a peace with the shattered tribes, which was accomplished in October, 1646. The following were the conditions made : The chief acknowledged that he held his land and office from the King. His successors were to be appointed or confirmed by the governor, and a yearly tribute of twenty beaver skins was to be paid at the time of the going away of the geese. The land between the falls of the James and the York Eiver was ceded, and the Indians were to live upon the north side of the lat ter stream. It was to be death for an Indian to be seen upon the ceded territory, unless he was a messenger. These were to be known by a striped coat, which was to be provided by the commander of Fort Royal to Indian messengers from the north, and by Fort Henry to those coming from the south, and was to be returned by the Indians when their errand was accomplished. Any one killing a messenger or his party was to suffer death, and the same penalty was attached to the entertainment or con cealment of an Indian. Englishmen were forbidden to hunt upon Indian territory, and all English and negro prisoners and guns were to be sur rendered, and Indian servants running away to be delivered up. Indian children under twelve years were to be permitted to live with the English. 5 The former acts authorizing depredations and war upon the Indians were at this time repealed by the Assembly. 6 During the years of comparative peace which followed, the Assemblj enacted the following laws (in March, 1656) : Whereas wee have beiu often putt into great dangers by the invasions of our neigh bouring and bordering Indians which humanely have beiu only caused by these two particulars our extreame pressures on them, and theire wanting of something to hazard and loose beside their lives; Therefore this Grand Assembly on mature advice doth make these three ensuing acts, which by the blessing of God may prevent our dangers for the future 'and be a sensible benefit to the whole countrey for the present. Ffirst for every eight wolves heads brought in by the Indians, The King or Great man (as they call him) snail have a cow delivered him at the charge of the publick. This will bo a step to civilizing them and to makeiug them Christians, besides it will certainly make the commanding Indians watch over theire own men that they do vs no injuries, knowing that by theire default they may be in danger of losing theire 1 Hening : Statutes of Virginia, Vol. I, pp. ^-->93. * Ibid. p. 2U3. 3 Ibid., p. 315. * Ibid., pp. 317-319. Ibid, pp. 323-32(5.6 ma,, p . 333. 28 INDIAN EDUCATION AND CIVILIZATION. estates, therefore be it enacted as aforesaid only with this exception, That Acomack shall pay for no more then what are killed in theire own countrey. Secondly, If the Indians shall bring in any children as gages of theire good and quiet intentions to vs and auiity with vs, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by vs theire representatives do engage that wee will not vsethem as slaves, but do theire best to bring them vp in Christianity, civility and the knowledge of necessary traders; and on the report of the Commissioner of each respective countrey that those vnder whose tuition they are, do really intend the bettering of the children in these particulars, then a salary shall be allowed to such men as shall deserve and require it. What lands the Indians shall be possessed of by order of this or other ensuing As- seiublyes, such land shall not be alienable by them the Indians to any man de futuro, for this will putt vs to a continuall necessity of allotting them new lands and pos sessions and they will be allwaies in feare of what they hold not being able to dis tinguish between our desires to buy or iuforcement to have, in case theire grants and sales be desired ; Therefore be it enacted, that for the future no such alienation or bargains and sales be valid without the assent of the Assembly. This act not to prej udice any Christian who hath land allready granted by patteut." 1 The Assembly also ordered that Indians were not to be killed unless they were doing mischief, but " no Indian to be entertained without a license from the couuty court." <* Indian children by leave of their parents may be taken as servauts, but must be educated and brought up in the Christian religion." 2 In 1658 the Assembly declared that no grants were to be issued until a certain proportion of land should be allotted to "each Indian bowman," and Indians lands included in patents be relinquished or paid for. 3 Additional legislation was enacted for the security of Indians on their lands, which were made inalienable, 4 and penalties were affixed for stealing Indians ; the purchaser of one so taken was to return him with in ten days. 5 Indians were also permitted to use their own guns, 6 and one Thomas Flood was made official interpreter. 7 During this period of tranquility and republican prosperity 8 explorations of the region west of the mountains of Virginia were authorized, 9 and the fertile Sheuandoah and its tributary valleys became known to the colony. The settlers spread over the country, and land was purchased for match- coats and other articles. 10 Trouble again began to arise from the pressure of the colonists upon Indian lauds. In 1060, one John Powell having received damage, the Assembly authorized the court to sell as many Indians to foreign. countries as was needful to raise the proper compensation accorded to the complainant. 11 In 1662 the eagerness of the colonists to possess Indian lands was restrained by the Assembly annulling all illegal contracts with the na tives and the burning of the houses of those who had encroached upon 1 Heniug : Statutes of Virginia, Vol. I, pp. 393-396. 3 Ibid., p. 410. *1 & ^., p . 457. Ibid., pp. 4G7,4G8. & Ibid., pp. 481-482. Ibid., p. 518. 'Ibid., p. 521. 8 Bancroft : Hist, of the U. S., Vol. I., pp. 224-232, and Vol. II, pp. 188-197*. *Hening : Statutes of Virginia, Vol. 1, p. 381. 10 Ibid., Vol. I, p. 515, and Vol. II, pp. 34, 35, 36, 39. " Ibid., Vol. II, p. 15. LAWS TO REGULATE INTERCOURSE WITH THE INDIANS. 29 the Indians 7 country. Injury to the person or property of an Indian was to be punished as "the laws of England in this country doe inflict if the same had bin done to an Englishman." Settlers within 3 miles of the Indians to assist the latter to fence their corn fields in order to prevent damage from English hogs and cattle. The Indians to keep the fence in repair or suffer the consequences. Upon application to two justices the Indians were allowed to go, un armed and for a limited time each year, to gather oysters and wild fruits " by which they were wonted for a greate parte of the yeare to sub sist." All trade was to be under license from the governor. A commis sioner was appointed to proclaim these acts, and to visit annually the Indians to see that these laws were kept. Friendly Indians were to be distinguished by a silver or copper badge to be provided by the chiefs, and any one found within English bounds without such proof was to be imprisoned or fined. No Indian servant was to be sold as a slave for a longer time than an Englishman of like age, and no Indian serv ant allowed without a license from the governor. 1 The growth of the Virginia colony and of Maryland on the north, together with the successful planting of settlements in North and in South Carolina, created great uneasiness among the Indian tribes. la spite of laws enacted to protect them, they were more and more op pressed by the keen-witted pioneer, and tribes from the interior 2 began to aid their enfeebled kindred on the coast to resist the encroachments of the whites. The colonies were growing stronger daily, and in 1603 demanded children as hostages of the Potomaks and northern tribes. These were to be civilly treated and " brought up in English literature." If there were not found persons willing to educate them, twelve hun dred pounds of tobacco per annum were to be set aside for that pur pose. The same act assured the Indians that they were to have equal justice with the white man, yet if any one should entice away a hostage he would be treated as an enemy. 3 If a white man was murdered the Indians of the next town were to be held responsible. 4 The Indians living in the interior had not yet felt the pressure of the colonists, and they were, therefore, still bent upon their ancient feuds and carried on their accustomed tribal warfare. The Iroquois, or Five Nations, of New York, made frequent sallies against the Indians living near the sources of the rivers that make their way through Maryland and Virginia. These Indians as early as 1662 had been warned against encroaching upon the territory of the colonists or molesting tributary Indians. 5 Difficulties, however, increased as the settlers pushed further inland, and the latter became involved in the native wars. In 1674 and 1675 the Senecas, Susquehannahs, Piscataways of the Potomac, and the inhabitants of Maryland and northern Virginia were in arms. 1 Hening: Statutes of Virginia, Vol. I, pp. 149-151. *Ibid., p. 185. *Ibid., p. 193. *Ibid., p. 218. 6 Ibid., Vol. II, p. 153. 30 INDIAN EDUCATION AND CIVILIZATION. Murder and revenge were practiced by both races, 1 and little mercy shown. Six of the chiefs came to the colonies to arrange for a peace, but they were murdered on the spot. 1 This outrage roused the ven geance of the Indians and a hundred English were slain to balance the death of the six chiefs. Again the confederated Indians offered peace, but tbeir proposals were rejected by the English. Meanwhile the colony was torn with contentions incident to the Res toration, and these troubles culminated in Bacon's Rebellion. The re sistance offered by the Indians to the encroachments of settlers and to the constant pressure of wars and murders afforded Bacon and his fol lowers their excuse for arming. 2 Counties were organized for war against the natives, 3 and a series of stringent laws 4 was passed by the Assembly, authorizing the war. Although most of these laws were repealed within a few years after the dispersion of Bacon's followers, they had been meanwhile enforced upon the Indians with vigor. The result was the breaking up of tribes and the clearing of the country of Indians to such an extent as to enable the governor, Sir William Berkeley, to state in 1680 that "the Indians, our neighbors, are absolutely subjected, so that there is no fear of them." 5 The Bacon Assembly authorized the raising of one thousand men, and eighteen counties were called upon to furnish a given number each, to make up the quota. War was declared against the Indians, and, that the innocent might not become involved, a statement was made as to what constituted an Indian enemy. All Indians absent from their towns without leave of the governor were enemies. All who refused to deliver up their arms to the English ; all who should refuse to deliver hostages, or to send any Indians to the As sembly who should be demanded, or who should entertain Indians not friendly to the English, or harbor strange Indians and not imme diately deliver such to the English, or kill or destroy them. If, how ever, they were not strong enough, they were to be excused, provided they at once reported to an English official. All Indians who should hold commerce with unfriendly Indians were to be accounted enemies. The officer of the militia was to take a full list by name and number of the Indians in every town, and any Indian refusing to give his true name or account of his people was to be accounted an enemy. All Indians taken in war were to be held and accounted slaves dur ing life. 6 " Lands set apart for Indians at the last peace and deserted by them to be vested in the county and disposed of to defray the charges of the war, but not to affect legal or prior grants." 7 1 T. M. : Beginning, Progress, and Conclusion of Bacon's Rebellion. 2 Bancroft : Hist, of the U. S,, Vol. II, p. 218. 3 Hening: Statutes of Virginia, Vol. II, p. 347. 4 Ibid., p. 336. /Wd.,513. !&<*., p. 341. ^ Ibid., p. 351. INDIAN SLAVERY. iU The cruelty of these laws lay in their entirely ignoring any obligation on the part of the colonies to protect and become identified with, those Indians who placed themselves in the attitude of friends. If an Indian tribe should fall upon and kill all chance visitors from other tribes that happened not to be friendly to English methods of dealing with the na tives, who was to protect the tribe from the vengeance of the kindred of those slain while trusting to the usual hospitality of Indians ? This war was planned to be, as it proved to be, a war of extermination, for the rules laid down were such as to make it difficult for an Indian to be true to his sense of honor and to be anything but an " enemy." All such we have seen were subject to death or slavery. The act of Bacon's Assembly concerning enslaving the Indians was confirmed in 1676, 1 and again enacted in 1679. 2 About this time the fol lowing law declared who were to be accounted slaves : Whether Negroes, Moors, Molattoes or Indians, who and whose parentage and native country are not Christiana at the time of their first purchase of such servant by some Christian, although afterwards, and before such their importation and bring ing into this country, they shall be converted to the Christian faith, and all Indians which shall hereafter be sold by our neighboring Indians, or any other trancing with us as for slaves are hereby adjudged, deemed and taken, and shall be adjudged and taken to be slaves to all intents and purposes, any law, usage, or custome to the con trary notwithstanding. 3 In order to prevent any harm done to friendly neighboring Indians by the various garrisons, four Indians were to be stationed at each fort. Friendly Indians were instructed not to fly, u but to stand peaceably and discourse the English, and give true account who and what they are, and upon their approaching lay down their arms, that then they shall be civilly treated and no harm shall be offered or be done unto them." 4 All trade had been prohibited with Indians, 5 but this was found to be disadvantageous to the colonial merchant, and in 1677 trade was opened with friendly Indians, and marts or fairs established for the natives north and south of the James Eiver. These fairs were held for forty days twice a year, the governor receiving a revenue and the clerks a percentage on all sales. The Indians were bade to come to the marts unarmed, and no one was to entertain an Indian without the governor's license. 6 Fourteen years later, in 1691, all former laws restricting trade were repealed, and it became lawful to trade " at all times and all places with all Indians whatsoever." 7 This law became the basis of the decision of the Supreme Court in 1808 : u That no native American Indian brought into Virginia since the year 1691 could, under any circumstances, be lawfully made a slave." 8 Although the law of 1691 by implication asserted that the Indian was not a slave because he was made capable of trading, it remained inoperative, so far as the Indian's freedom was concerned, for he continued to be held and bought as a slave for more than a hundred Ulening: Statutes of Virginia, Vol. II, p. p. 404. *Ibid.,p.4W. 3 Ibid., Vol. II, pp. 491-492. * Ibid., p. 439. 6 Ibid., p. 336. 6 Ibid., p. 410. 7 Ibid., Vol. HI, p. 69. 8 Pallas vs. Hill (2 Hening and Mamfbrd Reports, 149). 32 INDIAN EDUCATION AND CIVILIZATION. years afterward, as is attested by the case in which the above decision was rendered in the year 1808. At this time (1691) the Assembly authorized the employment of a lieu tenant, eleven soldiers, and two Indians to scout at the head of each of the great rivers in the colony. The Indians employed were to re ceive as pay eight yards of duffels and two barrels of Indian corn per year, for a less term of service a proportionate amount; and each one was to be furnished with a horse, bridle, and saddle. 1 This act was re peated each year until 1696, when the employment of Indian scouts seems to have been abandoned. 2 In 1691 the Assembly made the marriage between a white person and an Indian punishable by perpetual banishment. 3 In the following year the tribunal for the trial of slaves was first es tablished by law. The governor was empowered to issue a commission of oyer and terminer to such persons as he thought fit. The offenders to be indicted by the oaths of two witnesses or by the oath of one with pregnant circumstances, and without the solemnity of jury, "judgment to be executed in the manner the law provides." 4 Four years later the Assembly declared that children should follow the condition of the mother, bond or free. 5 The century opened with the declaration of the charter of 1606, that it was one of the desires of the colony to bring the savages living in Virginia to " human civility," and " unto the true worship of God and Christian religion." The last years of the seventeenth century found but a remnant of the natives who welcomed the English to their "waste lands," and these were enslaved, degraded by law, impoverished by the loss of their homes and by the greater loss of their own rude laws and government, while they were excluded from almost every benefit of civilization. The Indians were mainly tolerated as furnishing a revenue for government officials 6 and enterprising traders, and as a scourge to wolves. 7 Education. At the first Assembly held in James City, July 30, 1619 t "workmen of all sorts for the erecting of the university and college" were called for; 8 and it was also enacted that "the most towardly [In dian] boys in wit and graces of nature should be brought up in the first elements of literature, and sent from the college to the work of con version" 9 of the natives to Christianity. The action of the colonists was in accord with the purposes of the company in England. Sir Edwin 1 Hening: Statutes of Virginia, Vol. Ill, p. 82. 2 /6itf.,p. 164. 3 I6id.,p. 87. 4 Ibid., p. 102. 6 lbid., p. 140. This enactment and the one preceding bore more directly upon the negroes, since by far the larger proportion of slaves were of that race ; but as Indians were also held in slavery they were governed by these laws until the court decided upon their freedom in 1808. There were Indians in the Virginia colony who never were slaves, as they were never captured or tempted to bind them selves to the English upon unequal terms. *> Ibid., Vol. II, pp.20, 124, 140. ''Ibid., Vol. Ill, p. 141. 8 Perry: Hist. American Episcopal Church, Vol. I, p. 6. 9 Ban croft: Hist, of U. 8., Vol. I, p. 155. EARLY EFFORTS TO EDUCATE THE INDIANS. 33 Sandys, the president, had authorized an endowment of ten thousand acres 1 to the proposed university at Tenrico (near the present site of Richmond), and King James issued a letter to the archbishops of Can terbury and York to take up four collections throughout their provinces for "the erecting of some churches and schools for the Education of the children of those Barbarians." 2 About 1,500 was received, and the money invested until such time as the building should be erected. 3 We read that in 1620 " for the better procuring aud retaining the Indian children, the Company ordered a Treaty and Agreement to be made with Opechancanough, and authorized Sir George Yardley to make such presents out of the Magazine as would be most grateful to him and best promote the Design." Mr. Nicholas Farrar bequeathed 300 for " con verting infidel children in Virginia," this money to be paid to Sir Edwin Sandys and Mr. John Jb'arrar when it should appear by certificate that ten Indian children were placed in the college, the money then to be disposed of according to the true intent of the gift* Meanwhile 8 per cent on the money was to be given to those Virginians of * fc good life and fame," who should bring up one of the Indian children in the Christian religion. 4 In 1621 the company allotted 1,000 acres, with five servants and an overseer, aud received a subscription of 125 to endow a school at Charles City, to be called the East Indian School. 5 This name was given because Mr. Copeland, to whom the school was offered, had recently re turned from missionary work in the East Indies. 6 While these efforts were in progress for the erection of schools, the following recommenda tions were made for securing scholars from among the native tribes : It would be proper to draw the best disposed among the Indians to converse and labour with our people for a convenient reward that they might not only learn a civil way of life, but be brought to a knowledge of religion and become instruments in the conversion of their countrymen. Each town, Burrongh and Hundred ought to pro cure by just means a certain number of [Indian] children to be brought up in the first elements of literature that the most to ward ly of these should be fitted for college, im the building of which they proposed to proceed as soon as any profit arose from th estate appointed to that use. 7 ^ On March 22, 1622, Mr. George Thorpe, a gentleman of His Majesty's privy chamber, who had come over as superintendent of the college, together with a number of the college tenants, 8 were put to death dur. ing the sudden uprising of the Indians to rid the land of the dangerous white man. Although the larger part of the colony owed their safety to the warn ing of Christian Indians (and had hints given by friendly Indians been taken by different settlers even more would have been saved), still the 1 Catalogue College of William and Mary, in Virginia, 1859. 2 Perry : Hist. Amer ican Episcopal Church, Vol. I, p. 69. 3 Ibid., p. 70. 4 Stith : Hist, of Virginia, p. 172. 5 Catalogue College of William and Mary, 1859. 6 Perry : Hist. American Episcopal Church, Vol. I, p. 73. 7 Stith : Hist, of Virginia, p. 195. 8 Ibid., p. 217 ; Catalogue College of William and Mary, 1859. S. Ex. 95 3 34 INDIAN EDUCATION AND CIVILIZATION. company in England were unable to start any educational projects in behalf of the Indians. Subscriptions continued to be received by the company from philanthropic persons, and a few Indians were sent to England for education; but, except in individual instances, there was no further attempt to establish an Indian school recorded until the be quest of the Hon. Hubert Boyle, in 1691, became known. The charter of the College of William and Mary, in Virginia, given in 1693, declares one of the objects of the institution to be, " that the Christian faith may be propagated amongst the Western Indians." The Hon. Robert Boyle had left, in 1691, directions in his will that the resi due of his estate, after debts and legicies were paid, be disposed of by his executors for such charitable and pious uses as they in their discre tion should think fit. Five thousand four hundred pounds were set apart and Brasserton Manor purchased. The court having decreed upon the purchase on December 21, 1697, the Earl of Burlington and the Bishop of London laid down the following rules l( for the settlement of said charity in Virginia " : First. That all the yearly rents and profits of the said manor of Brasserton, as well as those incurred due since the purchase thereof, as which should there after grow due, after the deduction thereout of 90 a year to the college for propagating the gospel in New Eugland, and other necessary or incident charges, should be, by the present or future receivers of the rents thereof paid into the hands of Micajah Perry, of London, merchant, agent in London for the president and masters of the College of William and Mary, in Virginia, and to all future agent and agents in England, for said college, for the time being, for the purposes thereafter mentioned, and such agent or agent's re ceipts and acquittances should be sufficient discharges to such receiver or receivers for what should be so paid. Second. All sum and sums of money already or that should thereafter be received out of the said manor, subject to the deductions aforesaid, should be thereafter re mitted to the said president and masters for the time being. Third. That the said president and masters, and his and their successors, should thereout expend so much as should be necessary toward fitting and furnishing lodg ings and rooms for such Indian children as should be thereafter brought into the said college. Fourth. The said president and masters, and his or their successors, should keep at the said college so many Indian children in sickuess and health, in meat, drink, wash ing, lodging, clothes, medicines, books and education, from the first beginning of letters till they should be ready to receive orders, and be thought sufficient to be sent abroad to preach and convert the Indians, at the rate of 14 per annum for every such child as the yearly income of the premises, subject to the deduction aforesaid should amount to. Fifth. That the care, instruction and education of such children as should be thereafter placed in said college, should be left to the president and masters thereof, for the time being, but yefc subject therein as they were for all their trusts to the visitations and inspections of the rector and governors of the said college, for the time being. Sixth. That the said president and masters, and his and their successors, should once every year transmit to the Earl of Burlington and lord bishop of London, for the time being, a particular account of what sum and sums of money they should here after receive by virtue of the said decree, as also to lay out or expend on all or any of the matters aforesaid, and the occasion or occasions thereof, as also the number and names of the Indian childreu that should thereafter be brought into the said college, AN INDIAN SCHOOL ESTABLISHED. 35 together with their progress or proficiency in their studies and of all other matters relating thereto. Seventh. That the laying out of the money from time to time thereafter, to be re mitted, as also the manner and method of educating and instructing such children, and all other matters relating to this charity or the executing of it, should be subject to such other rules and methods as should from time to time thereafter be transmitted to the said president and masters and his and their successors, by the Earl of Bur lington aud the lord bishop of London, for the time being, and in default thereof to such rules and methods as the rectors and governors of the said college, for the time being, should make or appoint. But until such other and further rules were made, the rules and directions thereby given were to take place. Eighth. That the name of the benefactor might not be forgotten, the said Earl of Burlington and bishop of London did direct and appoint that the said charity should thereafter be called "The charity of the Honorable Robert Boyle, esq., of the city of London, deceased." 1 The preceding rules, slightly altered, were ratified by the lord high chancellor of England on June 9, 1G98. During the delay incident to founding the college the rents accumulated, and a u convenient build ing of brick" was erected out of the fund. This building was known as " Brassertou," being named alter the estate in England which yielded the income for the support of the Indian school. The rents amounted to about 370 per annum. 2 The master of the Indian school was deemed the u sixth master or professor of the said college." 3 The statute reads : There is but one master in this [Indian] school, who is to teach the Indian boys to read and write, and vulgar arithmetic. And especially he is to teach them thor oughly the catechism and the principles of the Christian religion. For a yearly sal ary let him have forty or fifty pounds sterling, according to the ability of that school, appointed by the honorable Robert Boyle, or to be further appointed by other bene factors. And in the same school the master may be permitted to teach other scholars from the town, for which he is to take the usual wages of twenty shillings a year." 4 It would seein that there had been difficulty in obtaining Indian pu pils for this school. Governor Spotswood, in a letter to the London council of trade, under date of November 17, 1711, says : It has hitherto been judged a matter so impracticable that the governors of the college have thought it in vain to attempt it, and have chosen rather to be at a great expense for buying Indians of remote nations taken in war to be educated in pur suance of a donation left for that purpose by Mr. Boyle. 5 In a letter to Lord Dartmouth, dated November 11, 1711, Governor Spotswood indicates the cause of this difficulty : They [the Indiars] urged the breach of a former compact made long ago by this government, when, instead of their children receiving the promised education, they were transported (as they say) to other countrys and sold as slaves. 6 Under the same date the governor writes to the bishop of London : The little care that hath hither been taken for converting the Indians of this Country to the Christian faith, or so much as endeavouring in any manner to Civilize them, seems to be no small reproach both to our Religion and politicks after above 1 Statutes and charter of the College of William and Mary, 1855, p. 3D. 2 Catalogue of College of William and Mary, 1855, p. 5. 3 Statutes and charter of the College of William and Mary, 1855, p. 32. 4 Ibid., p. 37. 6 Spotswood Letters, Virginia Hist. Soc., Vol. I, p. 122. * Ibid., p. 125. 36 INDIAN EDUCATION AND CIVILIZATION. one whole Century that the English Government hath been established here. They who would excuse this neglect urge that the small number of our Neighbouring Indians, who are still declining, makes it not worth while to take any pains witk them, and likewise that they are of so suspicious a Nature that they could never be persuaded to let their children stay any time among the Inhabitants to attain a tolerable Knowledge of our language, without which they are incapable of receiving Instruction in the principles of Christianity ; but as the first of those excuses always seemed to me to carry the face of too much carelessness, as if the Salvation of thos few were unworthy the trouble, I could not believe but that the latter might, if it had not been too lazily endeavoured, have been removed by proper applications. 1 MARYLAND. The fundamental charter of Maryland, dated 1632, states that th baron of Baltimore, " being animated with a laudable and pious zeal for extending the Christian Religion, and also the territories of our Em pire," was to hold the region described " in free and common soccagc by Fealty only for all services," yielding therefor u unto us and our heirs and Successors Two Indian Arrows of those parts, to be delivered at the said Castle of Windsor every year on Tuesday in Easter week," 2 besides the fifth part of all precious metals. The meeting between the colonists and the Indians was friendly, tht Indians on the Saint Mary's consenting to share their village with th* * English, and to yield the whole after harvest. " The Indian woinem taught the wives of the new-comers to make bread of maize ; the war riors of the tribe instructed the huntsmen how rich were the forest* in game, and joined them in the chase.' 73 The increase of settlers and their unfair dealings provoked the In dians to hostility; peace, however, was re-established, and in 1649 tht Assembly passed an act of which the preamble states that Divers persons have heretofore purchased or accepted of Lands, from the Indian$, and made use of and possessed the same, without any lawful Title and authority de rived from the Lord Proprietary, neglecting also to take out grants from his Lordship, under the Great Seal, for such Lands as have been due to them by virtue of his Lord ship's conditions of Plantations, or other Warrant from his Lordship, which Proceed ings are not only very great Contempts and Prejudice to his Lordship's Dignity A Rights but also of such dangerous consequence, if not timely prevented, that they may hereafter bring a great Confusion in the Government & public Peace of thU Province. Be it therefore enacted by the Lord Proprietary, with the assent and Ap probation of the upper and Lower House of this Assembly & (I) All Purchases or Acquisitions whatsoever, of any lands, &c within this Province, made or to be made, from any Person whatsoever, not deriving at the same time a lawful title thereto, by, from, or under, LIs Lordship or his Heirs, under the Great Seal, shall be void & null. (2) It shall be lawful for his Lordship to enter upon, seize, possess and dispose of, any such Lands, &c. so purchased or acquired from any Indian or other, at his Will and Pleasure, unless such Purchaser, at the time of such Purchase or acquisition hav some lawful Right or Title to such lands, by some grant from his Lordship, under th Great Seal. 4 1 Spotswood Letters, Virginia Hist. Soc., Vol. I, p. 126. 2 Bacon : Laws of Mary- land at Large, 1649. 3 Bancroft : Hist, of the U. S., Vol. I, p. 247. Bacon : Law* of Maryland at Large. LAWS FOR THE PROTECTION OF THE INDIAN. 37 Having thus sought to secure the Indians from too hasty loss of land, the same Assembly decreed that it was Felony of death (without forfeiture of Estate) to take, entice, surprise, trans port or sell any Friend Indian; and a Penalty of 1,000 Ib. Tobacco laid on such as should deliver any Gun or Ammunition to any Indian. 1 In 1650 the Indians were prohibited from going into Kent or Anne Arundel Counties without notice. 2 The internal difficulties in the col ony made it difficult to maintain peace with the Indians, who saw their lands passing from them and their people pushed to one side. All the inhabitants of the colony were permitted to trade freely for pelts and other commodities, and export them, except corn ; and the people cau tioned not to provoke quarrels, or to go about "too weak in numbers, so as to provoke attack. 773 In 1698 the Nanticoke Indians had their lands defined ; 4 but the de mands of settlers were stronger than the laws, and the Assembly, in 1704, ought to protect the natives by prohibiting trespass and the cutting of timber upon Indian lands. 5 In 1705 it became again necessary to threaten punishment for selling or transporting friendly Indians out of the province. 6 This was a favorite method of getting rid of Indian aeighbors in all the colonies, as it involved less risk than open war fare and effectually diminished the Indian population. In 1711 the Nanticoke Indians were removed to a new reservation, to. be theirs during their occupancy, and afterward to be disposed of at the direction of the General Assembly. 7 During the Indian troubles of 1715, Art. XIY. of "An Act for the ordering and regulating of the Militia of the Province for the better defence and security thereof,' 7 provides : For the better Encouragement of such soldiers as shall, in the time of War, adventure in the service of the country and in defence thereof against Indians and others, Be it Enacted by the Authority aforesaid, that the booty, prize, pillage, or plunder, or any Indian, or other seized, or taken prisoner, shall be by the the Commander-in- Chief bestowed on such officer, soldier, or soldiers taking or seizing the same. 8 Two years later Indians, bond and free, were made incompetent to give evidence in court. 9 In 1723 no Indian was permitted to lease his land for a longer term than seven years, and certain sales, if made when the Indians were iober, were confirmed. 10 In 1741 the remnant of several Indian tribes were gathered upon a place called Indian ^eck, the land to fall to the public when deserted by the Indians. 11 The Nottoways, having gone to the westward, returned to their old haunts and put up cabins, but they were considered as spies. In 1756 the Assembly directed the con stable of hundreds annually to give a list of names, Indian and English, as well as the sex and age of all Indians belonging to every Indian town, to the clerk of the county, who should enter the same on his land 1 Bacon: Laws of Maryland at Large, 1649. Ibid., 1650. *Ibid., 1676. 4 Ibid., 16?8. -Hid., 1704. <* Ibid., 170fx 7?>W., 171.1. s Ibid., 1715. s lbid., 1717. lo I bid., 1723. /6W., 1741. 38 INDIAN EDUCATION AND CIVILIZATION. records. A chief refusing to give the desired information was to be taken before a justice, and if he refused then to give the names was to be retained in prison until he gave such an account. Indians going from town to town were required to have a pass from a justice of the peace where such town -lay; no charge to be made for the pass, which must contain Indian and English name, the town, and a personal description, and be signed by the county clerk, and bear the seal of the county. Any Indian discovered 10 miles from his town without such a pass was to be seized and committed. This did not apply to "the Ambassadors of the Six Nations going to the Governor." 1 This act was maintained, in force during the French and Indian war. A price was put upon Indian scalps, as the records show : To paying any Inhabitant of this Province or Indian Allies for scalps of Indian Enemies, or Indian prisoners by them brought in, at 10 per scalp or prisoner. 3 In 1763 money was still paid for scalps, and the magistrate was to receive the scalp, burn it, and then give a certificate to the man who had taken the scalp, and upon his presentation of this paper to the commissioners of loans he was to receive payment. 3 This summary of laws relating to the Indians of Maryland reveals a similar state of feeling between the two races as existed in Virginia. The Indian's claims to his land were in a measure verbally respected by the law, but he was maneuvered out of it, and the law evaded. The person of the Indian was liable to capture and slavery, and he was dis qualified from civilized pursuits and remanded to hunting wolves and bringing pelts to the trader. Little or no effort was made for his education. During the seventeenth or eighteenth centuries we read of no schools being founded for the benefit of the natives. MASSACHUSETTS. The same distrust which awaited the English upon the shores of Vir ginia existed upon the coast of New England, and was bred of kindred experiences. 4 Indians had been kidnapped and ruthlessly attacked and killed on the rivers and bays of Maine j and although few vessels had ever skirted Cape Cod still the reputation of the English had preceded the Pilgrims, who attempted to explore that region early in December, 1620, and they were assailed by a shower of arrows. 5 It was fortunate for the emigrants who were forced to struggle to make a footing on the bleak coast in the midst of a New England winter that the Indian population in the immediate vicinity had been almost swept away by some pestilence a few years before. 6 So that the weary explorers found graves and abandoned villages, rather than vigilant warriors to dispute possession of the land. 7 It was in March following the landing of the Pilgrims at Plymouth that Samoset entered the little settlement, and 1 Bacon: Laws of Maryland at Large, 1741. 2 Ibid., 1756. 3 Ibid., 1763. < Bancroft: Hist, of the U. S., Vol. I, p. 270. 5 Ibid., p. 312. 6 Mass. Hist. Coll., 1st series, Vol. I, pp. 122, 148. 7 Bancroft: Hist, of the U. S., Vol. I, pp. 314-316. GOVERNOR CRADOCK'S LETTER OF INSTRUCTION. 39 in the English tongue exclaimed, "Welcome, Englishmen!" The friend- ship then begun proved of service and led to treaties with neighboring tribes. 1 Pleasant relations with the natives were threatened by the injustice of traders, but disaster was averted by the gallantry of Stand- ish and the friendship of Indians. 2 The charter granted by Charles I to the colony of Massachusetts Bay in March, 1629, declares : And for the directing, ruling, and disposing of all other matters and things whereby our said people, inhabitants there, may be so religiously, peaceably, and civilly gov erned as their good life and orderly conversation may win and invite the natives of the country to the knowledge and obedience of the only true God and Saviour of mankind, and the Christian faith ; which, in our royal intention, and the adven turers' free profession, is the principal end of this plantation. 3 The first letter of instructions extant written by Governor Gradock, February 16, 1629, says: And we trust you will not be unmindful of the main end of our plantation by en deavoring to bring the Indians to the knowledge of the gospel; which, that it may be speedier and better eifected, the earnest desire of our whole company is that you have diligent and watchful eye on our own people, that they live unblamable and without reproof, and demean themselves justly and courteous towards [the Indians], thereby to draw them to affect our persons and consequently our religion ; as also to endeavor to get some of their children to train up to reading, and consequently to religion whilst they are young; herein to young or old to omit no good opportunity to bring them out of that woeful state and condition they are now in. 4 In the " First general letter of instructions of the governor and dep uty of the ]S"ew England Company to the governor and council for Lon don's Plantation in the Massachusetts Bay, in New England,' 7 dated u Gravesend, 17th April, 1629," we find the following: And for that the propagating of the gospel is the thing [we] do profess above all to be our aim in settling this plantation, we have been carefnl to make plentiful pro vision of godly ministers, by whose faithful preaching, godly conversation, and ex emplary life, we trust, not only those of our own nation will be built up in the knowledge of God, but also the Indians may, in God's appointed time, be reduced to the obedience of the gospel of Christ. 6 It is stated that the colony seal of Massachusetts was " An Indian erect, naked, an arrow in his right hand and a bow in his left hand 5 these words issuing in a scroll from his mouth: 'Come over and help us ; ' and in a round, Sigillum Oub. et Societatis de Massachusetts- Bay in Nova Anglia. m The relations between the various settlements and the Indians seems to have been harmonious in the main. 7 The Rev. Mr. Higginson wrote in 1629: "They [the Indians] doe generally profess to like well our coming and planting here, partly because there is abundance of ground that they can not possess or make use of." and this was therefore the 1 Bancroft : Hist, of the U. S.,Vol. 1, pp. 316-318. 2 lUd. , pp. 318-319. 3 Records of Mass., I, 17. * Ibid., 384. ^Ibid., 386. 6 Douglas: British Settlements in America, Vol. II, p. 298. London, 1760. 7 Bancroft : Hist, of the U. S., Vol. I, pp. 363, 364, 378. 40 INDIAN EDUCATION AND CIVILIZATION. means of relief in want and tbe English defense against Indian ene mies. The writer goes on to say : " We neither fear them nor trust them. We use them kindly. They will come into our houses some times, half a dozen or half a score at a time, when we are at victuals, but will ask or take nothing but what we give them." 1 The irregularities and improper conduct of the traders received the attention of the General Court of the Colony of Massachusetts in 1629, 2 and the sale of fire-arms to Indians was prohibited the following year. 3 In 1631 no Indian servant could be employed without a grant from the Court. The use of money in trade with the natives was at the same time prohibited. 4 This provision forced the Indians to become diligent hunters in order to obtain the articles they had already learned to use and to need. The effect was to postpone any attempts at civilization. This regulation was repealed in 1646. 5 In 1632 the Court appointed certain houses in every plantation that were to have the sole right to trade, 6 and the penalty of death attached to the selling of ammunition to Indians. 7 Drunkenness was introduced by white men and the "orchards brought cider." 8 The Court decreed in 1633 : "Koman shall sell or give any strong water to an Indian." 9 In the same year it was made unlawful for any one to purchase land of Indians without permission of the Court. The following year the Court ordered certain persons living in Charles- town, whose swine had destroyed corn belonging to some Indians, to pay for the damage. This act seems to have been brought about by the intervention of Thomas Mayhew, who afterward became widely known for his work among the Indians at Martha's Vineyard and Nan- tucket. 10 Friendly intercourse between the colonists and Indians evoked an other question of importance, and we find that in 1634-'35 "The matter of intermarriage between English and Indians is referred to after con sideration." n No official action regarding it appears to have been taken, and thus one means to cement friendship and open the way to Christianity and civilization was left untried. Of course the easy, un lawful relations between whites and Indians that were permitted, if not encouraged, in the French and Spanish, and in some of the South ern English, colonies never could have existed in Puritan New Eng land. In 1640 it was en?cted that The English shall keep their cattle from destroying the Indians' corn, in any ground where they have a right to plant; and if any corn shall be destroyed for want of fencing or herding, the towns shall be liable to make satisfaction. * * * And the Indians are to be encouraged to help towards the fencing in of their own fields. 1 * iMass. Hist. Coll., 1st series, Vol. I, p. 123. 2 Records of Mass., Vol. I, p. 48. *IMd., p. 76. * Ibid., p. 83. 5 I&icZ., Vol. II, p. 152. *Ibid., Vol. I, p. 96. 7 Ibid., p. 100. Mass. Hist. Col., 1st Series, Vol. I, p. 151. Records of Mass., Vol. I, p. 106. 10 Ibid., p. 121. 12 Ibid., p. 140. * Ibid., p. 293. . SUBMISSION OF THE INDIANS. 41 From time to time the colonists were enjoined by the directors of the company in England to pay for all lands occupied by them when the Indians claimed ownership. 1 These and other provisions show a uniform desire to confirm the Indians in all their rights, and seem to have been so far successful that in 1G43 two chiefs with their followers became voluntarily subject to the Massa chusetts laws, promising to assist in maintaining the government and to be willing to be "instructed in the knowledge and worship of God." a From time to time, subsequently, most of the New England Indians professed submission and subjection to the colonial authorities ; a fact that should be remembered when considering the severity with which the Indians were afterward treated. Ou the occasion when five chiefs offered their submission a number of questions or propositions were propounded to them, which, with the answers they returned, are given as well to show the ideas of the essen tials of Christian civilization held by our New England ancestors as to illustrate the views of the Indians themselves. 1. To worship the only true God, which made heaven and earth, and not to blaspheme Him. Ans. We do desire to reverence the God of the English and to speak well of Him, because we see He doth better to the English than other gods, do to others. 2. Not to swear fa'lsely. Ans. They say they know not what swearing is among them. 3. Not to do any unnecessary work on the Sabbath day, especially within the gates of Christian towns* Ans. It is easy to them; they have not much to do on any day, and they can well take their ease on that day. 4. To honor their parents and all their superiors. Ans. It is their custom to do so; for the inferiors to honor the superiors. 5. To kill no man without just cause and just authority. Ans. This is good and they desire to do so. 6. To commit no unclean lust, as fornication, adultery, incest, rape y sodomy, buggery, or bestiality. Ans. Though some time some of them do it, yet they count that naught, 3 and do not allow it. 7. Not to steal. Ans. They say to that as to the sixth query. 8. To suffer their children to learn to read God's word, that they may learn to know God aright and worship Him in His own way. Ans. They say as opportunity will serve, and English live among them, they desire so to do. 9. That they should not be idle. Ans. To this they consented, acknowledging it to be good. 4 1 Records of Mass., Vol. I, p. 400. * Ibid. , Vol. II, p. 40. a Vile. Records of Mass,, Vol. II, pp. 55-56. 42 INDIAN EDUCATION AND CIVILIZATION. The custom of enslaving prisoners of war was the usual custom. Chief Justice Marshall says : From the earliest times war has existed, and war confers rights in which all have acquiesced. Among the most enl ightened nations of antiquity one of these was that the victor might enslave the vanquished. This, which was the usage of all, could not be pronounced repugnant to the law of nations, which is certainly to be tried by the test of general usage. 1 Slavery was also a mode of punishment for crime. Persons were per mitted by English law to sell themselves; and it was also adjudged that infidels could be bought and sold as merchandise. Scruples, however, were felt against enslaving Christians. In 1641 a statement of the laws for Massachusetts Colony was compiled in accordance with an order of the Court in 1638, and this compilation became known as the " Body of Liberties." 2 The ninety-first article declares : There shall never be any Bond Slavery, Villinage, or Captivity amongst us, unless it be lawful Captives taken in' just Wars, and such strangers as willingly sell them selves, or are sold to us. And these shall have all the liberties and Christian usages which the law of God established in Israel concerning such persons, doth morally re quire. This exempts none from servitude who shall be judged thereto by authority. 3 Based on this law, it has been repeatedly held by the highest courts of Massachusetts that No child born here since 1641 was ever by law a slave. Single judges may have dropped language, at times, that might be capable of another construction ; but that of the courts, when speaking authoritatively upon the point, has all been one way, that freedom was the child's birthright. 4 The Indians who had become subject to the English appear to have paid regular taxes in the form of tribute. In September, 1655, we find, according to the records of the commissioners, that The Pequot Indian Tributaries came in to present theire Wampam to the Commis sioners desiring to give them orders both for settlement and comly demeanor of them selves,- one towards another, as alsoe whoe should be theire governor this next year. The amount paid by the Pequots on this occasion was 301 fathoms, 1*. 6d* 1 10 Wheat. Rep., 120. ^Palfrey : Hist, of New England, Vol. II, pp. 23-27. 3 Mass. Hist. Col., Vol. XXVIII, p. 231; Massachusetts and its Early History, Lowell Inst. Lectures, p. 201. 4 4 Mass., 128, n. ; 16 Mass., 75 ; 13 Mass., 552; 10 Gush., 410 ; Quincy Eep., 29, Gray's note; Massachusetts and its Early History, Lowell Inst. Lectures, p. 205. 6 Wampum was made a legal tender to the amount of forty shillings by the Massa chusetts General Court in 1643, ''the white at 8 a penny, the black at 4, excepting in payment of country rates." Holmes' Annals, I, p. 271. A fathom or belt of wampum consisted of 360 beads, and its value fluctuated greatly from time to time. In 1640 the white was reckoned at four, and the black at two beads a penny ; three years afterward it was worth but half as much. But it had been made legal tender to the* amount of forty shillings, whereas in 1640 it was limited to one shilling. Sumner's History American Currency, pp. 4, 8. Reckoning wampum at its value as fixed in 1643, the tax paid by the Pequots on this occasion amounted, if in black wampum, to 112 19*. ; if in white, to 56 10s. 3d. CHRISTIANIZING THE INDIANS. 43 In 1644, the allied Indians being threatened by the Narragausets, the Court ordered ten Englishmen to build a strong palisaded house for the Indians and to guard them fora season. 1 These precautions having had the effect of deterring the southern Indians, the Court stated that if this labor seemed needless, such provisions should be made as seemed best for the Indians. 2 The Narragansets at the same time were bade to leave the vicinity of the allied Indians on pain of being treated as enemies. 3 In the same year the Court record contains the following : " It is not fit to deprive the Indians of any lawful comfort which God alloweth to all men by the use of wine ; " and it was therefore made lawful to sell wine to the Indians. 4 In November, 1644, the General Court of Massachusetts "ordered that the county courts in this jurisdiction shall take care that the Indians in the several shires shall be civilized, and they shall have power to take order from time to time to have them instructed in the knowledge and worship of God." A year later the General Court, "being still mindful of its duty, doth endeavor as much as in it lies, that all means may be used to bring the natives to the knowledge of God and his ways, and to civilize them as rapidly as may be," and it called in the aid of the elders of the several shires and asked them to consider some plan to accomplish this desire, and report at the next session of the Court. 5 All Indians subject to New England government were enjoined to at tend service on Sunday, 6 and no Indian was to be permitted to enter a town on Sunday except to attend meeting, and never to enter an English man's house without knocking, under penalty of punishment. 7 The next year, therefore, we find that a law which had been enacted prohibiting the employment of Indian labor, except under a permit from the General Court, was repealed ; that provision was made for having the laws interpreted to them ; that it was ordered that two ministers should be appointed each year to preach to them through interpreters, and to improve their prospects of success something was to be allowed them by the General Court " to give away freely unto those Indians whom they shall perceive most willing and ready to be instructed by them;' 7 and a committee was appointed to select and purchase lands " for the encouragement of the Indians to live in an orderly way amongst us, 8 from which it would appear that the Indians had no land of their own left in the vicinity of the English settlements. The same year it was decided that though the Indians were not to be compelled to embrace the Christian religion, they were to be held amen able to punishment for a violation of the law against blasphemy, the penalty of which was death. It was also "ordered and decreed by this Court that no Indian shall at any time powow or perform outward wor- 1 Records of Mass., Vol. II, p. 72. * Ibid., p. 74. s Ibid., p. 112. < Jfrid., p. 85. 6 Ibid., p. 134. 6 Ibid., Vol. Ill, p. 7. 7 Ibid., p. 6. Ibid., Vol. II, pp. 16t3, 178-179, Vol. Ill, pp. 56 ? 57, 85-100. 44 INDIAN EDUCATION AND CIVILIZATION. ship to their false gods, or to the devil, in any part of our jurisdiction,, whether they be such as dwell here, or shall coine hither. If any shall transgress the law, the powower to pay five pounds, the procurer fiv pounds, and every assistant countenancing by his presence or otherwise twenty shillings." l From this time the political condition of the Indians, as well as their relation to their white neighbors, became intimately connected with th* labors of John Eliot and his co-workers. These men declared that it was " absolutely necessary to carry on civility with religion." Civiliza tion, education, and religious training were closely interwoven in th history of the Indians of New England. Two points of legislation whick had their influence upon the Indians' future, need to be cited : First, in 1665 the Court declared that Indian lands shall not be sold or leased without the consent of the Court. 2 Second, ten years later the methods of Indian trade were changed. Considering the "great abuse and scandal that hath arisen by the license of trading-houses with the Indians, whereby drunkenness and other crimes have been, as it were, sold unto them, all Indian trading- houses are to cease, and no sales to be made except in open shop* where goods are sold to the English." 3 In the preamble to the Articles of Union adopted by the colonies of Plymouth, Massachusetts, Connecticut, and New Haven, in May, 1643, forming the united colonies of New England, occurs the following pas sage : u Whereas we all came into these parts of America with the same tnd and aim, namely, to advance the kingdom of ourLord Jesus Christ. 774 The articles provided for a commission to frame agreements to pro- aaote peace and prevent wars, and so arrange with regard to the In dians " that they neither grow insolent nor be injured without due sat isfaction." 5 Trumbull, in speaking of the benefits realized from the union of the New England colonies, remarks: "It was the grand source of mutual defense in Philip's war, and of the most eminent service in civilizing the Indians, and propagating the gospel among them." 6 This union r which existed until the charters of the colonies were vacated in 1686, covered the period in which Eliot, May hew, and others labored with such zeal and success to christianize and civilize the Indians of New England. Though difficulties had sometimes arisen between the whites and Indians in New England, they had not involved any considerable num ber of the latter, and had been easily composed until the outbreak of King Philip's War in 1675, so that the efforts to christianize and civil ize the natives had proceeded without serious interruption. The terri- 1 Records of Mass., Vol. II, pp. 176, 177. 3 Ibid., Vol. IV, Part 2, p. 282. Ibid., Vol. V, p. 63. Winthrop : Hist, of Mass., Vol. II, p. 121 ; Mass. Hist. Coll., 1st series, Vol. I, p. 175. 5 Records of Mass., Vol. IV, Part 2, p. 473. Hist, of Conn., I, 129; Holmes' Annals, I, 270. SUFFERINGS OF CHRISTIAN INDIANS. 45 ble effects of that war on the scattered New England settlements^have often been portrayed, but its destructive influence on the efforts to ele vate the Indians has not been so carefully estimated. Mr. Gookin's narrative, entitled u An Historical Account of the Do ings and Sufferings of the Christian Indians in New England, in the years 1675, 1676, and 1677, impartially drawa, by one well acquainted with that Affair," was written from his residence at Cambridge, Decem ber, 1677. It was found long after in private hands in England, and was given to the public by the American Antiquarian Society only in 1836. Mr. George E. Ellis says of this narrative : Even at this late day and while the pangs which it cost the writer, and of whick s borne by others it was the faithful record, have long been stilled in peace, it can Dot be read without a profound sympathy of sorrow. * * * The gentle, earnest truthfulness, the sweet forbearance, the passionless tone, and the full, minute, and well-authenticated matter of this record, draw to the writer our warmest respect and confidence. The substance of it is a matter-of-fact, detailed rehearsal of the jealousies, apprehensions, and severe measures on the part of the people and government of Massachusetts, in their dealing with the ' Praying Indians " during the horrors and massacres of that exterminating war [King Philip's]. * * * Gookin and Eliot were fully persuaded, from their own knowledge, that the Indians under instruction were then sufficient in numbers, with constancy and sincerity for the emergency, if they liad been j udiciously managed, to have been most effective allies of the whites in that war, and that their settlements were in fact admirably adapted to be a wall of defense. * * * The darkest jealousies, which could not be reasoned with, popular panics, and bruited or whispered suspicions, had full sway. The word was, "We have bee nourishing vipers." It was affirmed that, either by artifice, or threats, or promises of reward, Philip would sooner or later induce the converted Indians to make com mon cause with him as spies or traitors. This jealousy was natural, and is not to b wondered over. The magistrates seeni to have tried to withstand it. Many of their first measures in dealing with it were considerate and forbearing, as they remon strated with the popular excitement, and endeavored to restrain it, manifesting a true sympathy with the suspected and odious parties. But it was all in vain. Just enough ases also did occur, which, when aggravated by rumor and generalized upon, seemed t warrant suspicion and distrust of all the christianized Indians. Some few who had set tlements in the towns, and a larger number of those who had never committed them- elves directly to the experiment on trial in their behalf, slipped away into the woods. In three instances barns or outbuildings in exposed situations were set on fire, as was uspected and alleged, by Indians who had been under the kindly care of the whites. In no instance, however, was such a deed proved against any one of them, while there were mischievous and malignant strollers enough in those dismal days to have don* many such acts, and worse ones. In the meantime several outrages and even mur ders were committed against the Indians by the exasperated whites, and the juries would not convict the offenders in the courts, though the magistrates faithfully in structed and urged them to do so. It would appear that, as the excitement and panie increased, something of the effect followed which had from the first been apprehended. * * * As day by day brought fresh alarms * * * the suspicions and animosi ties against the christianized Indians could no longer be held in check. Some indeed were ready to turn against them with the deadliest weapons. * * * The rooted race prejudice stirred the English blood. Their [the Indians'] occasional assump tions of equality, induced by their common Christian profession and observances, made the Indians offensive. Timid and thrifty persons dreaded the strolling or camp ing of a few of them in their neighborhood, as worse than Gypsies. The Indians ob served and felt all these things, and it is not to be wondered at that they sometimes 46 INDIAN EDUCATION AND CIVILIZATION. gave the whites reason to dread their proximity. But there was no alternative to the removal of the Indians from their settlements. * * * Eliot and Gookin stood res olutely and mo.st affectionately for the championship of the objects of their care. They had no distrust, no wavering in their love. They pleaded, remonstrated, and offered themselves to be sureties for the fidelity of the wretched and cowering converts. Gookin was confronted and insulted for his conduct in the case, and even Eliot was treated by some with reproaches and disdain. The courts were compelled to yield to the wishes of the panic-stricken whites. 1 The fate of the "Praying Indians 7 ' at Natiek was less distressing than that which befell those in other towns where men, women, and children were killed while living quietly and pursuing their industries in their homes. None of these outrages committed by white people seem to have been punished by law, the juries failing to render a ver dict against one guilty of the offence of killing Indians. The story of the Natick Indians is briefly as follows: The town lay on the road from the west to the east; and through the little town one June day in 1G75 passed Oneco, sou of Uncas, with fifty Mohicans, on their way to Boston to join tbeir British allies. As they passed they were j oined by two Englishmen and some Natick Indians. Three mouths later, just as their crops were ripening, these Christian Indians were hur ried off from their village home wit ha few movables, the sick andlame be ing taken in carts. They were brought to the site where the arsenal now stands in Watertown, Mass. There John Eliot and a few friends met them and sought to comfort them with prayer, being " deeply moved by their submissive patience." At midnight, October 30, the tide serving, they were shipped in three vessels to Deer Island, in Boston Harbor. In dians from other of the praying towns joined them later, until over five hundred were huddled upon the barren island. John Eliot, then seventy- two years old, visited them with Mr. Gookin, who writes: "I observed in all my visits to them that they carried themselves patiently, humbly and piously, without murmuring or complaining against the English for their sufferings (which were not few), for they lived chiefly upon clams and shell- fish that they digged out of the sand at low water. The island was bleak and cold, and their wigwams poor and mean their clothes few and thin. Some little corn they had of their own; which the Council ordered to be fetched from their plantations and conveyed to them by little and little." Finally, as the war pressed harder and harder upon the colonists, the help of these persecuted Indians was reluctantly sought, and by their faithfulness they turned the tide of war and saved the English. It is stated that had it not been for the 3,000 u Praying Indians " of Massa chusetts and Plymouth colonies, who were thus withdrawn from Philip's support, and many of them turned actively against him, there would hardly have remained a remnant of the white race upon the New Eng land coast. In the following year the exiles on Deer Island were permitted to return to their desolated homes. At Natick their mill was burned, their l The Ked Man and the White Man, pp. 459-463. Boston, THE NATICK INDIANS. 47 fields and bouses wasted. It was hard to rally them or to make them forget the unprovoked outrages and hard treatment put upon them merely because of their race. Prosperity can hardly be said to have ever returned to the Natick Indians. u Daniel Takawambpait was ordained November, 1681, ye first Indian minister," writes Judge Sewall, in his diary. The ordination of this Indian minister was John Eliot's legacy to his Natick flock. In 1691 the Indians petitioned the General Court for permission to sell a "nook of land" that they might pay the carpenter for a new church, their old one having "fallen down." This was granted, and their native preacher ministered to them until his death, in 1716. 1 In 1677 the General Court reduced the number of "praying towns' 7 to four, and their inhabitants were forbidden to entertain strangers or to u travel with guns." Those who desired to remain with the settlers as servants could do so, but they must be instructed in the Christian religion until twenty -four years of age. Indians that had been captured and sold as slaves must be "trained in civility and religion." 2 In 1681 the towns were reduced to three, and all the Indians in the Massachusetts colony were ordered to live within these limits under " pain of going to prison." 3 Education. Rev. John Eliot was born in Essex, England, in 1604 j graduated at Cambridge, in 1623 5 and came to New England, in 1631. He accepted the pastorate of the First Church at Eoxbury, in 1632, and continued his charge until his death in 1690. His attention and sym- 1 Proceedings of the Hist. Nat. Hist, and Library Asso., South Natick. Maws. * Records of Mass., Vol. V, p. 136. 3 Ibid.j p. 327. In 1721 a white minister came to labor among the Indians, and an old record says: " Great enthusiasm prevailed." A new meeting-house was built at the cost of 40 acres of land. That site was the same as the first one built, and the people, as they came and went on Sunday, " used to step across the ditch which surrounded the fort jn Eliot's time." White families had gathered at Natick, and some of them lived on terms of friendship with the natives. Joshua Brand, a noted native physician, was near neighbor to Jonathan Carver, the father of six daughters. Betty, next to the youngest, was an energetic, executive, and kindly person, teaching school among her many doings. Her sayings and ballad singing, " keeping time on the treadle of her spinning- wheel," are part of the town traditions. Between the home of this cheery woman and the house of Joshua Brand was a "beaten path," made partly by "the children of the two families," that were " equally welcome in both houses." These pleasant relations seem to have continued, for in 1753, when the new pastor, the Parson Lothrop, of Mrs. Stowe's "Old town Folks," built his house, the Indians brought elms on their shoulders and planted them about the new home as a testi monial of their regard. Up to 1733 all the town officers were Indians ; but as the white inhabitants increased white men served with the natives, and finally superseded them. In 1762 Natick was incorporated as an English town after having remained for one hundred and eleven years as an Indian reservation. The Indians gradually disappeared. In 1792 there remained but one full blood family. In October, 1846, at the celebration of the two hundredth anniversary of Eliot's first visit to the spot, a young girl of sixteen was present, the only lineal descendant of the Natick Indians known to the present inhabitants. 48 INDIAN EDUCATION AND CIVILIZATION. pathy were early drawn to the condition of the Indians, and plans for helping them occupied his mind. He began the study of the language of the tribes in his immediate vicinity, instructing those Indians who visited him, as well as he could, in the Christian doctrine. In his let ters to the agent of the colony in England and to other persons he sought not only to arouse sympathy for the Indians, but to secure pe cuniary aid to carry on the work of Ohristianizatiou. This came later, but not until John Eliot and other laborers had proven the practica bility of the work proposed. One of the ablest of Eliot's coadjutors was Mr. Daniel Gookin, born in Kent, England, in 1602. Having secured a grant of land in Yirginia he undertook "to transport a great multitude of people and cattle" thither, and arrived in 1631. He settled in Newport News. When the nonconformists were banished from Yirginia in 1643, "divers Godly dis posed persons came from thence to New England." Mr. Gookin arrived in 1644, and was that year admitted as a freeman of the colony. He lived in Boston, and afterward in Cambridge. He became eoininander- in-chief of the military of the colony, speaker of the House of Deputies in 1651, and was made superintendent of the Indians in Massachusetts in 1656. He continued to hold this office, which was magisterial in char acter, until his death in 1686. 1 The duties of the superintendent required Mr. Gookin "to make and execute good orders for keeping holy the Sabbath day; and that the people do attend the public worship of God ; and that schools for the education of youth be settled and continued among them ; and to pro vide that the Indian teachers and rulers have some small encourage ment distributed among them, according to the people's ability, which is done out of the tenths of their yearly increase of all sorts of grain and pulse." He was also required to make and enforce orders " for promoting and practicing morality, civility, industry, and diligence in their particular callings; for idleness and improvidence are the Indians' great sins, and are a kind of second nature to them, which by good ex ample and wholesome laws, gradually applied, with God's blessing, may be rooted out." John Eliot gave as his reason for engaging in work for the Indians : First. The glory of God in the conversion of some of these poar desolate souls. Second. His compassion and ardent aifection to them as of mankind in their great blindness and ignorance. Third. And not the least to endeavor as far as in him lay the accomplishment and fulfilling of the covenant and promise the New England people had made to their King when he granted them their charter. 2 That a man capable of so large a Christian feeling toward a race that was characterized as a " nation of wretches, whose whole religion was the most explicite sort of devil worship," 3 and proposing their elevation from motives of the broadest humanity and patriotism, should fail to meet 'Archaeologi a Americana, Vol. II, p. 425. 8 Mass. Hist. Coll., 1st series, Vol. I, p. 175. *Magnalia, Vol. VII, p. 6. THE NONANTUM INDIANS. 49 a cordial response from the colonists, was not surprising. It has taken this nation two hundred and forty years to secure the legislation l that makes it possible to take up the work begun by John Eliot in the midst of the pioneer life of New England. In October, 1646, John Eliot, accompanied by several friends, made a visit and preached to the Indians of Nonantum (East Newton), 2 a few miles from Eoxbury, where he was kindly receievd by the natives and their chief Wab'aii, a warm friend of the English, whose son was being educated in an English school at Dedham. One of the questions asked by the Indians after the sermon was whether God or Jesus Christ could understand prayers in the Indian language. Eliot's visits to the Indians were continued with such success that in December they offered all their children to be instructed by the English, and lamented their ina bility to pay anything for their education. Many of the Indians ap pear to have cut off their scalp -locks at. this time, for one of the con verts complained at the December meeting that the other Indians called the Christian Indians rogues for wearing their hair short like the Eng lish. The General Court having set apart for their use a tract of land at Nonantum, 3 he furnished them u by the public aid "with agricultural implements, and induced them to build ditches, walls, better wigwams, and to engage in husbandry and learn certain trades. Among the ar ticles they carried to market for sale were brooms, staves, baskets, cranberries, and fish. The women learned to spin, and Eliot took it upon himself to see that they were supplied with spinning wheels. The Indians desired a form of civil government, and the General Court or dered that one or more of the magistrates appointed should hold a court quarterly 4 and adjudicate all civil and criminal causes, not being cap ital, concerning the Indians only ; and the sachems were empowered to bring any of their people before his court. They also held among them selves a monthly court for the trial of inferior causes. The executive officers of both courts were appointed by the sachems, and all fines col lected were to be used for building school-houses or for other purposes of public benefit. At the same session (May 26, 1647) the Court passed the following order : It is ordered thsft 10 be given Mr. Eliot as a gratuitie from this Court in respect of his paynes in instructing the Indians in the knowledge of God, & that order be taken that the 20 per annum by the Lady Ermin for yt purpose may be called for & imployed accordingly. 5 The next year an unknown gentlemen in London sent to Eliot 10 to be expended in instructing the children in letters, and the latter, while remarking on the good it had done, laments the prospect of his being unable to keep the children in school for want of means. Considerable interest in behalf of the Indians was awakened in England, and in 1649 1 Severalty act, signed February 8, 1887. 3 Mass. Hist. Coll., 1st series, Vol. I, p. 168. 3 Records of Mass., Vol. Ill, p. 85. * Ibid., p. 106. 5 Ibid., Vol. II, p. 188. 8. Ex. 95 4 50 INDIAN EDUCATION AND CIVILIZATION. Parliament instituted the corporation entitled "The President and Society for the Propagation of the Gospel in New England," and enacted that a general contribution should be made throughout England and Wales for its benefit. Though much opposition to the plan of convert ing the Indians was displayed, a considerable sum, yielding between five and six hundred pounds a year, was collected and the income prop erly expended. On the accession of Charles II in 1660 the enemies of the society endeavored to destroy it by persuading him that the charter, never having received the royal assent, was illegal, and inducing him to divert its revenues to the royal coffers. The friends of the society were on the alert and succeeded in getting the charter confirmed by Charles, an act that made possible the continuation of work by Eliot and others in behalf of the Indians. The Indian titles to lands in Massachusetts had been generally alien ated, and such improvements as the Indians made seem to have been at the mercy of the English, so that the General Court in October, 1652, too cognizance of the subject as follows : * * * It is therefore ordered and enacted by this Court & the authority thereof, that what laades any of the Indians, within this j urisdiction, have by possession or im provement, by subdueing of the same, they have just right thereunto accordinge to that Gen: 1: 28, chap: 9: 1, Psa: 115, 16. It was further provided that any Indians who became civilized might acquire land by allotment in the white settlements on the same terms as the English. It was also decreed that when u a competent number of Indians shall be capable of a township, upon their request unto the General Court they shall have grant of lands undisposed of for a plan tation as the English have." "Any Indian unjustly put from his plant ing or fishing ground, upon their complaint or proof thereof, they shall have relief in any of the courts of justice amongst the English as the English have." 1 Under this ordinance the first town was established at Natick. Thither John Eliot took a small colony of Indians in 1651. Three wide streets were laid out, one on the south and two on the north side of the Charles Kiver. An arched foot-bridge, resting upon wooden abutments weighted with stone, was thrown across the stream. The bridge was 80 feet long and 8 feet high, and proved to be a substantial structure. Separate lots were set off' for each family, and each dwelling was to have a garden patch. Orchards were planted, clearings made, and fields cultivated, and all of these were inclosed by wooden or stone fences. The meeting house was 50 feet long. 25 feet wide, and 12 feet high. It was built of squared timber, hewn by the Indians under the supervision of John Eliot, and carried on their shoulders from the forest to the building- site. All the work was done by Indian labor, except two days' service by an English carpenter. The house was two stories ; the lower served as a school room on week days and as a place for worship on Sunday* 'Records of Mass., Vol. Ill, pp. '261-W2. ELIOT'S WORK AMONG THE INDIANS. 51 The upper room was used by the Indians to store their pelts and other salable articles ; one corner was partitioned off as the missionary's apartment. A circular palisade, flanked by a ditch, surrounded the meeting-house, making it a kind of fortress. 1 In 1652 the General Court set apart 4 square miles for the use of the town. 2 The Corporation for the Propagation of the Gospel in Foreign Parts, in England, sent tools as well as books and money. The Indians, being- no w settled, were more anxious than before to imitate their English neighbors by living under civil and ecclesiastical laws. Eliot believed that all civil government and laws should be derived from the Script ures alone, and he said of his Indians, " They shall be wholly governed by the Scriptures in all things, both in church and state; the Lord shall be their law-giver, the Lord shall be their judge, the Lord shall be their king, and unto that frame the Lord will bring all the world ere he hath done." The form of government chosen by the Indians under Eliot's influence was that proposed by Jethro to the Israelites. Accordingly they met together and chose one ruler of a hundred, two rulers of fifties, and ten rulers of tens. In the schools and in the homes industries were taught. The girls learned to spin and weave, and cleanliness was exacted in all the houses. The boys became carpenters, masons, and blacksmiths. Bas ket- weaving and the making of shingles and clapboards were carried on, the people having built a saw-mill in 1658, the third erected in America. The people became thrifty, and gathered about them horses, cattle, swine, and fowls. They were diligent and reverent in their attention to religious duties, attending the two services on Sunday and at other times during the week. A church with native members was not instituted until 1660. This delay, however, was occasioned by other causes than the lack of Christian converts. It is a suggestive chapter to read the painstaking account of John Eliot's pleadings with the colonists to permit him to make this experi ment of civilizing and Christianizing the Indians. It was by no means popular, and hardly approved. The money for the support of this mis sion work did not come from the colonists, but from friendly sympa thizers in England. The people near at hand ridiculed his schemes and sought to thwart all measures for the protection of the Indians by contemptuous treatment and injustice in trade, while the magistrates hesitated to carry out beneficial enactments. In religious matters the English resented the recognition of a church composed of natives. It was deemed derogatory to English pride, self-respect, and the dignity of Puritan institutions, and as tending toward an equality not to be welcomed. The gentler counsels of John Eliot, however, finally pre- railed, and the "assembled elders admitted the confessions" of the 1 Field-Day Proceedings, etc. Hist. Nat. Hist, and Library Society of South Na- tiek, Mass., 1881, 1882, 1883. 2 Records of Mass., Vol. Ill, p. 294. 52 INDIAN EDUCATION AND CIVILIZATION". Indians, and a native church was established at Natick nine years after its settlement. Eliot wrote to England asking that physicians, well supplied with drugs and other appliances, might be sent to practice among the In dians. He also suggested that these gentlemen should lecture with the help of anatomy, u or skeleton." This plan was proposed as a means to break the power of the medicine-man over the ignorant. Eliot him self had "some thoughts," so he says, of reading medicine* Once a week in the summer Eliot lectured on logic and theology to the natives at Katick (the first summer school in Massachusetts). The Indians were encouraged to ask questions at the services held for religious teaching upon subjects that engaged their thoughts. Eliot said " they were fruitful in that way." A writer touching on this sub ject remarks wittily : " It was altogether natural that the Indians, being so positively told by those who seemed to have knowledge in the case that they were the natural bond subjects of Satan in life and death, and being generally treated by the English in conformity with this teaching, should be especially interested in learning all they could about their dark and spiritual adversary." The Indians asked, " If God made hell in one of the six days, why did he make hell before Adam sinned ? " . " Why do Englishmen so eagerly kill all snakes 1 " " Why does not God, having full power, kill the devil, that makes all men so bad ? v And, again, " If God loves those who turn to him, why does he ever afflict them after thev have turned to him ?" Eliot extended his labors to other bands of Indians living m Massa chusetts with such success that there were in 1674 fourteen towns of Praying Indians in the colony, 1 seven of which had been settled a num ber of years and contained in all a permanent Indian population of about five hundred. At certain seasons this population was greatly in creased by the temporary sojourn of Indians who led a more or less wandering life, and these occasions were improved by Eliot, who visited and preached to them. At Wamesit (Tewksbury), about 20 miles from Boston, there were about fifteen families settled, but the population was largely increased during the fishing season, at which time Eliot sought "to spread the net of the Gospel to fish for their souls." We learn that " the ruler of this people is called Numphaw," and that u their teacher is called Samuel, son to the ruler, a young man of good parts, and can speak read, and write English and Indian competently. He is one of those that was bred up at school at the charge of the corporation for the Indians." Our author describes the fishery at this place as very pro- . Hist. Coll., 1st series, Vol. I, pp. 180-195. The following towns occupy the sites of the "Indian praying towns": Natick, Stoughton, Graftou, Marlborough, Tewksbury, Littleton, Hopkinton, D.udley, North east, Southeast, and Southwest Woodstock, Uxbridge, and Brookfield. There were nine other towns among the Nipmuck that dwelt near the Connecticut Valley, beside settlements and towns on Cape Cod and throughout Plymouth Colony. See p. 59. INDIAN TOWNS ORGANIZED. 53 ductive, and says that "the Indians, being well stored with horses at a low price, might furnish the market (Boston) fully, being at so small a distance." These visits frequently took place at the time the court was being held by the colonial magistrate at the different Indian towns ; and these occasions were sometimes a sort of market time, the Indians ad justing their trading in pelts, fish, and other articles. According to the decree of the General Court one or two ministers were present, and John Eliot was generally the companion of his friend, Mr. Daniel Gookin, superintendent and magistrate for the Indians. The Indian towns were similarly organized, and the code of laws con* tained many practical lessons: If any man be idle a week, or at most a fortnight, he shall pay 5s. If any man shall heat his wife, his hands shall be tied behind him and he shall be carried to the place of justice to be severely punished. Any young man, if not another's servant, and if unmarried, shall be compelled to set up a wigwam and plant for himself and not shift up and down in other wig wams. If any woman shall not have her hair tied up, but hang loose or be cut as men's hair, she shall pay 5s. All men that wear long locks shall pay 5s. Immorality and indecent conduct were also subject to fine. 1 The New England Indian had acquired the appetite for strong drink, and while the rigorous prohibitory laws of the colonies repressed the traffic in rum to a great extent, so far as he was concerned, they did not prevent his making a substitute. Gookin says : In this village [Nashobah (Littleton)], as well as on other old Indian plantations, they have orchards of apples, whereof they make cider, which some of them have not wisdom and grace to use for their comfort, but are prone to abuse unto drunkenness. And although the laws be strict to suppress this sin, and some of their own rulers are very careful and zealous in the execution of them, yet such is the madness and folly of man naturally, that he doth eagerly pursue after that which tendeth to his own destruction. I have often seriously considered what course to take to restrain this beastly sin of drunkenness among them, but hitherto cannot reach it. For if it were possible, as it is not, to prevent the English from selling them strong drink, yet they have a native liberty to plant orchards and sow grain, as barley and the like, of which they may and do make strong drink that doth inebriate them, so that nothing can overcome and conquer this exorbitancy but the sovereign grace of God in Christ, which is the only antidote to prevent and mortify the poison of sin. A teacher, commonly an Indian, whose duty seems to have usually been rather that of a catechist than a school-master, was stationed at each town. Eliot's desire to maintain schools for the children was greatly hampered by a lack of competent teachers, the Indians usually not being sufficiently versed in letters, and few English being found with patience to learn the Indian language. Besides, money for their support was wanting. The English "Corporation for the Propagation of the Gospel in Foreign Parts," seconding Mr. Eliot's views, tried the plan of educating Indian and other youth for missionaries and teachers. 1 Hist, of Grafton, pp. 20-21 ; also Mass. Hist. Coll., 3d series, Vol. IV, p. 20. 54 INDIAN EDUCATION AND CIVILIZATION. September 23, 1654, it was ordered that the two sons of Thomas Stantom (of Connecticut), who "have good skill in the Indian language," should be maintained and educated at Cambridge at the expense of the society, "for future service, to be helpful in teaching such Indian children as shall be taken into the colledge for that end." 1 It was agreed at the same time to change the plan of the building for the Indian college at Cambridge, so that it " exceed not thirty foot ia length and twenty in breadth," and that the building should be finished as soon as possible, at the charge of the society. The efforts to educate Indian youth for school- masters were measura bly successful, but the attempt to give them a college training and fit them for the higher duties of the ministry appears to have failed. Not withstanding the misfortunes of sickness and death that clouded tbe first attempts to endow the Indian youth with a higher education, their friends did not despair, and built at Cambridge the Indian college, a brick structure large enough to accommodate twenty pupils with lodg ings and study*-rooms, and costing three or four hundred pounds, which expense was borne by the society under whose direction it was built. It appears to have been little used for the purpose designed, " by rea son of the death and failing of the Indian scholars. It hath hitherto been principally improved for to accommodate English scholars, and for placing and using a printing-press belonging to the college." Goo- kin, a fellow-laborer, of Eliot, writes of the college and of Eliot, as fol lows: But besides liis industry to provoke others, and his frequent travels and preach ing among the Indians, he set up that great work of translating the bible into the Indian language ; which the Honourable Corporation for propagating the gospel in New-England, residing in London, did greatly encourage, and out of the revenues belonging to that stock, which then was more considerable than now it is, did pay for the printing thereof. Besides, he framed and translated into the Indian language divers other books; as Indian catechisms, a grammer, primer, singing psalms, the Practice of Piety, Baxter's Call to the Unconverted, and other things ; all which are printed at the charge of the Corporation stock. Moreover he took great care, that schools should be planted among the praying Indians; and he taught some himself to read, that they might be capable to teach others ; and by his procurement, some of the choice Indian youths were put t school with English schoolmasters, to learn both the English, Latin, and Greek tongues. There was much cost out of the Corporation stock expended in this work, for fit ting and preparing the Indian youth to be learned and able preachers unto their countrymen. Their diet, apparel, books, and schooling, was chargeable. In truth the design was prudent, noble, and good ; but it proved ineffectual to the end pro posed. For several of the said youth died, after they had been sundry years at learning, and made good proficiency therein. Others were disheartened and left learning, after they were almost ready for the college. And some returned to live among their countrymen; where some of them are improved for schoolmasters and teachers, unto which they are advantaged by their education. Some others of them have entered upon other callings: as one is a mariner ; another, a carpenter; another 1 The charter of Harvard College, Cambridge, Mass., states that one of its objects shall be "the Education of the English and Indian youth of this country in Knowl edge and Godliness." INDIAN STUDENTS AT CAMBRIDGE. 55 went for England with a gentleman, that lived sometimes at Cambridge in New-Eng land, named Mr. Drake, which Indian, as I heard, died there not many months after his arrival. I remember but only two of them all, that lived in the college at Cambridge; the one named Joel, the other Caleb; both natives of Martha's Vineyard. These two were hopeful young men, especially Joel being so ripe in learning, that he should, within a few months, have taken his first degree of bachelor of art in the college. He took a voyage to Martha's Vineyard to visit his father and kindred, a little before the commencement; but upon his return back in a vessel, with other passengers and mariners, suffered shipwreck upon the island of Nantucket; where the bark was found pu% on shore ; and in all probability the people in it came on shore alive, but afterwards were murthered by some wicked Indians of that place; who, for lucre of the spoil in the vessel, which was laden with goods, thus cruelly destroyed the people in it ; for which fault some ofHhose Indians was convicted and executed afterwards. Thus perished our hopeful young prophet Joel. He was a good scholar and a pious man, as I judge. I knew him well; for he lived and was taught in the same town where I dwell. I observed him for several years, after he was grown to years of dis cretion, to be not only a diligent student, but an attentive hearer of God's word, diligently writing the sermons, and frequenting lectures ; grave and sober in his con versation. The other, called Caleb, not long after he took his degree of bachelor of art at Cambridge in New-England, died of a consumption at Charlestown, where he was placed by Mr. Thomas Danforth, who had inspection over him, under the care of a physician in order to his health ; where he wanted not for the best means the coun try could aiford, both of food and physick ; but God denied the blessing, and put a period to his days. Of this disease of the consumption sundry of those Indian youths died that were bred up to school among the English. The truth is, this disease is frequent among the Indians ; and sundry die of it, that live not with the English. A hectick fever, is suing in a consumption, is a common and mortal disease among them. I know some have apprehended other causes of the mortality of these Indian scholars. Some Jiave attributed it unto the great change upon their bodies, in respect of their diet, lodging, apparel, studies ; so much different from what they were inured to among their own countrymen." 1 The chief cause of the failure of the Indian scholars seems to have been loss of health attending the sudden change of habits compelled by a course of study and a sedentary life, though the worthy writer quoted intimates that other reasons were held by many people. " Some conceived God was not pleased yet to make use of the Indians to preach the gospel, and that the time of the great harvest of their ingathering is not yet come, but will follow after the calling of the Jews. Others thought that this honour of their instruction and conversion will be continued with Englishmen." While there were those who thought that Satan " did use all his stratagems and endeavours to impede the spreading of the Christian faith." But one Indian was ever graduated at Harvard College, though stu dents of that race appear to have entered from time to time. 2 Presi- 1 Mass. Hist. Coll., 1st series, Vol. I, pp. 172-173. 2 At the time the Indian graduated the classics held rigid sway at Harvard, one of the early regulations of the college being that only Latin should be spoken on the college grounds. Latin, Greek, Hebrew, besides other studies, had to be mastered, and the acquisition of English was only the stepping-stone to the Indian who at tempted to go through college. 56 INDIAN EDUCATION AND CIVILIZATION. dent Leverett gives an account in his diary, under date of March 20 r 1714, of the effects of college discipline on Larnil, an Indian student who had been dismissed from college for some offense and afterwards restored. He died the following July. Leverett writes : a He was about twenty years old, an acute grammarian, an extraordinary Latin poet, and a good Greek one." 1 At an early period of his labors Eliot felt the necessity of placing books in the hands of the Indians, and he began the work of translation as soon as he had acquired a sufficient knowledge of the Indian lan guage. His labors in this field are historical and need not be described at length here. Suffice it to say that from 1653, when his Indian cate chism first appeared from the press at Cambridge, until 1689, when his translation of Shepard's Sincere Convert was published, he devoted all the time that could be spared from other duties and a considerable por tion of his salary to this work. Thomas 2 gives a list of works written or translated by Eliot and published during this period of thirty-six years. It includes the two editions of the Bible, Baxter's Call, the In dian Grammar, the Practice of Piety and Indian Primer both of which passed through several editions. The society sent a printing-press, type, etc., to America in 1653, it being found impracticable to print the books for the Indians in London, and paid all the expenses of printing the different works, except the sum contributed by Eliot from his salary towards the printing of the second edition of the Bible. Thomas 3 estimates the cost of printing the first edition of the Bible (1,000 copies), 500 extra copies of the New Tes tament, an edition of Baxter's Call to the Unconverted (1,000 copies), the Psalter (500 copies), and two editions of the Catechism, at a little more than 1,200 sterling. There were printed 2,000 copies of the second edi tion of the Bible, towards the cost of which the society paid 900 sterling. An interesting circumstance connected with the printing of these Indian translations may be noted. An Indian youth whose father and brothers held civil and ecclesiastical offices among the Praying Indians, had been taught to read and write English at the Indian charity school in Cam bridge j he afterwards served an apprenticeship with Green, the printer of the Indian books, and assisted as pressman in printing the first edi tion of the Bible. At the outbreak of King Philip's War in 1675 he absconded and joined the Indians against the English, but returned the next year. In 1680 he was employed by Green on the second edition of the Indian Bible, and Eliot in his correspondence with Boyle in 1682 says of him : u We have but one man, the Indian printer, that is able to compose the sheets and correct the press with understanding. 774 In 1709 "James's name appears in connection with that of Bartholomew Green as printer on the title-page of the Psalter in Indian and En glish." 1 Leverett' s Diary, p. 89. 2 Hist, oi Printing, Vol. I, pp. 63-74 ; American Anti quarian Society, 1874. 3 Hist, of Printing, Vol. I, p. 57. 4 Life of John Eliot, by Converse Francis; Spark's American 33iographies, 1st series, p. 233. GOODS FOR THE USE OF THE INDIANS. 57 The commissioners of the United Colonies were the New England managers of the English corporation for the propagation of the gospel in foreign parts, and their records show how the contributions were received and how they were used. Goods for the use of the Indians and for those engaged in the work were shipped from time to time from England by the society. The in voices include cloth of various kinds, nails, axes, hoes, scythes and other agricultural tools and implements, type, paper, horn books, primers, ink- horns, spectacles, Bibles, etc. 1 They often directed purchases. For ex ample, in September, 1655, they ordered that "a coat of about 3 yards of the coursest cloth bee made up and given to the Sagamore of Ag- gawam to Incurrage him to learn to know god and to exite other Indians- to doe the like." Some trouble was experienced by the society in England, because regular accounts of moneys and goods received and expended and of persons employed in the Indian servics had not been transmitted by the commissioners, and in response to specific instructions the latter rendered their first detailed account in 1656, from which it appears they had received up to that time money, goods, etc., to the amount of 1,722 4:8. Sd. sterling. At the same time they forwarded a note as to the persons employed and the amount paid each, from which we learn that there were eleven persons in the service whose yearly salaries amounted to 285. This account is as follows : Mr. John Eliot 50 Mr. Francis Eliot, his brother 30 Sosamam, Monequason, Job (three Indian interpreters and school-masters em ployed by Mr. Eliot) 30 Mr. Thomas Mayhew 50 Peter Forlger, employed by Mr. Mayhew 30 Hiacombs and Panuppaqua (employed by Mr. Mayhew as interpreters) 20 Mr. Eliot and Mr. Mayhew to distribute to sick Indians 20 Mr. Weld for diet, and for teaching eight Indian boys and one girl 85- Clothing the said boys and girl, about 50 Diet, clothing, and teaching of John, the son of Tho. Stanton, who spake the Indian language well, to further him for the work, abou fc 20 Mr. Abraham Person 15< Mr. Rawson, our agent, for his salary and wharf-house room 30 1 One of these invoices, shipped in 1654, is as follows : In good strong socorum 40 " dowlis.. can vice blew linnin and s"ay good serge 1 i strong carsye good cottens and penistones. 40 50 50 40 100 60 30 7 Five dozen of sythes and 3d, 6d, and 8d nailes to the value in all of about ' In good gunpowder " 80 lt horn-bookes and in old common primmers - - In another invoice 20 worth of " good brand cloth of a sadd couller" figure. \ shaggs and double bayes . inaidstone blacke, browne, and fine cullered thrid. 58 INDIAN EDUCATION AND CIVILIZATION. Besides what is usefully expended in gifts and gratuities to well-deserving Indians. To Indian plantations in their beginning in stock of cattle and tools, etc., charge* about buildings, meeting-houses, boats, and other accidental charges and expenses. The yearly value is uncertain. The records of the commissioners for the years 1656-'64and 1667 con tain detailed accounts showing the amounts expended for the society in those years for supporting students in the college at Cambridge, and at preparatory schools j for salaries of missionaries and school-masters, and incomplete accounts of money paid out for other purposes. The several items for the ten years are as follows : s. d, Pay of missionaries and teachers 2,759 Board, clothing, and tuition of Indian pupils in the college and in pre paratory schools 1, 289 14 6 Medicines and medical attendance 75 18 9 Educating John Stan ton for a missionary 156 1 5 Laying out and stocking new Indian towns 90 Mrs. May hew, widow of a missionary at Martha's Vineyard 74 Gratuities to deserving Indians 110 2 Holding courts and instructing the Indians in the laws, etc 125 School books, stationery, ink horns, etc 75 16 10 Board and clothing of Mr. Mayhew's sou while at school 39 Type, printing paper, and ink 200 9 2 Printing and binding Bible, catechism, and other Indian books 764 1 8 Agricultural implements 15 Holding public meetings, interpreting, etc 32 13 4 ^-Clothing 986 Cards and wool, industrial school for women 12 13 4 Miscellaneous.. 18 Making a total of 5,829 17 C The number of missionaries and teachers in these years averaged sev enteen. After 1660 the majority appear to have been natives. The amount above given, though large for the time and showing a liberal scale of expenditure, does not by any means show the total ex penses of the society on account of Indian Christianization and civiliza tion. It is impossible, after the lapse of two centuries, to make up a complete statement. Besides the amount paid by the society, the missionaries, particularly Mr. Eliot, received considerable sums from friends of the Indians in old as well as in New England, which were devoted to the benefit of the Indians, but the amount thus given can not now be ascertained. The society derived a considerable portion of its revenue from New England, where collections were regularly made in the churches for its benefit. Some years after the period of which we are now writing the the collections for a single year (1718) amounted to 483, besides which^ there was an invested fund of eight hundred or a thousand pounds, the income of which was devoted to missionary work among the In dians. 1 Neal : Hist, of New England, Chap. VI. MISSIONARY WORK AMONG THE INDIANS. 59 Notwithstanding the liberal remittances from England and other places, the needs of the work far exceeded the money received, and the lives of the missionaries illustrated self-denial in all its phases. Gookin, writing in 1674, says: " Yet there is always more occasion to disburse than there is money to be disbursed." The work among* the Indians in Plymouth Colony was carried on un der the direction of Revs. Richard Bourne and John Cotton, and from the information furnished by them to Gookin in 1674 1 it appears that there were at that time a number of villages of Christian Indians. The former enumerates eight such communities, with a total population of 497 Praying Indians, of whom 142 could read in Indian, 9 in English, and 72 could write. There was one church, formed in 1670, which num bered 27 communicants, and there were 90 baptized persons. Eight Indian assistants were employed under Mr. Bourne's direction. Mr. Cotton writes that he has not been long in the Indian work, but re ports 40 Praying Indians at Katamet (in the present town of Sandwich), where he began to preach, of whom 10 could read in Indian. He says that u many more desire to learn to read the word ; but there is very great want of Indian primers and Bibles." He also preached at a num ber of other places on Cape Cod, and where the courts were held, whither resorted " great multitudes of Indians from all parts of the colony." 2 In accordance with the decree of the General Court Quachatassett, sachem of Manomet, in 1660 gave to the South Shore Indians all the territory afterwards known as the Mashpee Plantation. By the aid of Richard Bourne, their missionary, it was confirmed by the General Court in Plymouth in 1661, u to the said Indians to a perpetuity to them and their children, as that no part of their lauds shall be granted or purchased by any English whatsoever, by the court's allowance, with out the consent of all the Indians." In 1693 the General Court placed the Indians under the government of white commissioners, appointed by the Governor and Council, and in 1718 the Indians were deprived of the right to make any contract unless in the presence of two justices of the peace. They continued under this guardianship until 1760, when one Eeuben Cognehew, a Mashpee Indian, undertook a mission to Eng land, and in person presented to the King com plaints against the meas ures of the colonial government toward the Indians. As a result, in 1763 the General Court passed an act incorporating the Indians and mulattoes of Mashpee with their lauds there, into a district. This act empowered them annually to meet in the public meeting-house in said Mashpee, and to choose five overseers, two being Englishmen, and also gave them the management of their own affairs in town meeting. Hist. Coll., 1st series, Vol. I, pp. 196-199. 2 Testimony as to the wisdom and faithfulness of the labors of John Eliot and those associated with him stands forth clearly in the history of the town of Mashpee, Barn- stable County, Mass. Other evidence lies scattered not only throughout New Eng land but in far western regions iinknown to the workers for Indian civilization in the seventeenth century. 60 INDIAN EDUCATION AND CIVILIZATION. At the breaking out of the Ee volution twenty-six men of the tribe enlisted in the first continental regiment raised in Barnstable County, and of that number but one survived. In 1788 the charter act of 1763 was repealed, and the proprietors and inhabitants of Mashpee were deprived of all their civil rights, and put under the sole control of overseers, who were empowered to manage all the affairs, interests, and concerns of the inhabitants of the district; to let out their lands and tenements, control and regulate their bargains, contracts, and wages ; to bind out their children without consent of parents; and to bind out to service for three years any adult proprietor or member who, in the judgment of the overseers, was a drunkard and idler, and to appropriate his earnings as they saw fit. From the decis ion of the overseers there was no appeal. After many earnest efforts on the part of the people of Mashpee to be restored to their rights, the district of Mashpee was re-established in 1834, subject, however, to the appointment of a commissioner by the Governor and Council, who was to act as moderator in the town meetings and to have a veto power. In 1842 the Legislature passed an act dividing the Mashpee lands in lots of 60 acres, and patenting one of these to each male or female proprietor. This included the original Indian and mulatto proprietors and their descendants, together with those who had married a proprietor^ and also persons of Indian blood whose parents, or ancestors, or who themselves had been resident for twenty years on the plantation. This partition was made and adjusted in open meeting by commis sioners. The sale of land was restricted to those living within the dis trict. In 1853, in answer to a petition, the Legislature relieved them from the supervision of a commissioner, and a treasurer was appointed by the Governor and Council, whose sole duty was to keep and pay out the money of the district by the order of the selectmen. This was the only officer not chosen by the people. In 1869 they were made citizens of Massachusetts, their common lands were afterwards surveyed and sold, and the money divided among them. In 1870, by the request of the people, the Legislature passed an act abolishing the district of Mashpee and incorporating it into a town of the same name, and invested it with all the powers, privileges, rights, and immunities, and subject to all the duties and requisitions to which other towns are entitled and subject by the constitution and laws of the Common wealth. 1 Thomas Mayhew and his son Thomas, having met with commercial disaster at Watertown, Mass., sold their effects and emigrated to Mar tha's Vineyard in 1642. They were the first settlers. The son, being a 1 Acknowledgments are made to the researches of Mr. Watson F. Hammond, a native of the Mashpee tribe and a member of the Massachusetts Legislature in 1886. The Mashpee Indians now manage their own affairs in every particular, carry on trade, practice handicraft, and in the culturo of the" cranberry stand foremost in the State. MAYHEW 7 S LABORS AMONG THE INDIANS 61 minister, applied himself to the study of the Indian tongue, and began to preach to the natives in 1648-'49, with satisfactory results. In September, 1654, he was informed that certain allowances would be made him for carrying on the work there, in addition to the 40 for his personal services, as follows : For a school-master and two assistants 30 a year. For relief of sick Indians 10 a year. For building a church 1 (in nails, glass, etc.) 40 For building a boat 8 lii September, 1654, an allowance of 40 each was paid to Messrs. Eliot and Mayhew for their services, and at the same time, the ques tion of what proportion of cows and goats should be allowed for the new Indian towns, and certain other matters respecting payments to school masters and interpreters, and for medicines furnished the sick, were re ferred to the Massachusetts commissioners. In 1657 Mr. Thomas Mayhew, Jr., sailed for England, intending to make a visit to his old home, but the vessel was lost at sea. His father, who was less skilled in the language of the Indians, did not suffer the mission to die, but " struck in on his son's death." In 1664 he reported two churches organized, and ten Indian preachers. The people were divided into seven jurisdictions, where meetings were held every Sunday. The heads of each jurisdiction were Christian In dians, and " all the families praying." u For schools, sometimes there are some, sometimes not. But many can read and write Indian, very few English, none to great purpose. Myself and my two grandsons can speak the language of the island, but my grandsons are not yet employed. John, the younger, doth teach the Indians and is like now to suppose to be encouraged by the commissioners. Matthew, my eldest grandchild, hath also preached, and I think when settled will begin." 2 The Indians on Martha's Vineyard " plant English as well as Indian corn, spin and knit stockings, are diligent and poor." 3 In 1674 on Nantucket there were three praying towns with 300 souls one church, of which John Gibbs was the preacher. In 1694 the population was 500 j there were five assemblies of Pray, ing Indians, two Congregational churches and one Baptist. 4 The Indians of all the praying towns subsisted largely by agricult. ure. They also owned considerable numbers of cattle, horses, and swine. Many of them worked on the farms of their English neighbors. Efforts were made to induce all the Indians that could be reached to settle in towns, to be set apart for them, in order to prevent future J The Indians were expected to do the work, " as at Natick." 3 Mass. Hist. Coll., 1st series, Vol. I, pp. 204-205. 3 Ibid., p. 206. In 1720 there were six small villages, and a population of 800 souls; each village had an Indian preacher. In 1764 Duke County had a population of 313 ? and the Indians began to intermarry with the negroes. In 1792 the population, pure and mixed, was 440. 4 In 1763 there were 385 souls; a fever raged six months, and 222 died. In 1792 there were 20 souls. Mass. Hist. Coll., 1 series, Vol. I, p. 207. 62 INDIAN EDUCATION AND CIVILIZATION. differences between the English and Indians as to the titles to land j and to secure permanent homes for the latter. In 1653 Mr. Abram Pierson, of " Braynford, within New Haven jur isdiction," was paid il the suinine of twelve pound towards his charge and paines in fitirig himselfe to teach the Indians ; " and the amount was increased to fifteen pounds the following year, besides five pounds " to be disposed of to such Indians as desire to be instructed in the knowledge of Christ. 7 ' Mr. Pierson at his death was succeeded by Mr. James Fitch, of Nor wich, who began to work among the Mohegaus. " They suffered great persecution, reproaches, reviliugs, and threatenings, especially in a private and clandestine manner, to destroy them.'' u For the settlement and encouragement of these Indians," Mr. Fitch writes, " I have given them of mine own lands and some that I had procured of our town above 300 acres of good improveable land, and made it secure to them and theirs as long as they go in the ways of God." 1 In 1676 it was said of the Indians in Rhode Island that they " are active, laborious, and ingenious," and that "more are employed at hard labours than any other Indian people or neighbors." In 1792 they num bered 500. 2 Few Indians were known to live in the territory of New Hampshire, and none in Vermont, all having gone from there to Canada. In Maine there were sixty Eoman Catholic families on the Penobscot and thirty families on the Passamaquoddy ; there was a chapel in each place. 3 NEW YORK. The amicable visit of Hudson in 1609 to the river now bearing his name resulted in a peaceable trade between the Dutch and the Indians. In 1615 a trading-post, containing within its stockade a truck house and building for the garrison, was completed on the site of the present city of Albany. A friendly trade grew up, and a treaty was ratified between the Dutch and the Five Nations, which, it is stated, was never broken by the former. 4 In 1626 Peter Minuit purchased Manhattan Island for 60 guilders. This was the first land transaction between the Indians and the Dutch 5 other purchases followed. The traffic in otters and beavers employed the Indians in tbe pursuit of the game as far as the St. Lawrence, "and the skiffs of the Dutch, in quest of furs, penetrated every bay and bosom and inlet from Narragan- sett to the Delaware." 3 The sale of intoxicating liquors and the dis honest practices of the traders brought on bloody quarrels, the Indians being maddened by drink. The Indians plead gainst this trade, say- *Mass. Hist. Coll., 1st series, Vol. I, p. 209. In 1774 there were 1,363 Indians be tween Norwich and New London. The Mohegans went with Mr. Sampson Occom to Oneida. 2 Mass. Hist. Coll., 1st series, Vol. I, p. 210. 3 Ibid., p. 211. 4 Ban- eroft: Hist, of the U. S., Vol. II, p. 276. fi /6M., pp. 279-280. DEALINGS OF THE DUTCH WITH THE INDIANS. 63 ing, "You ought not to craze the young Indians with brandy. Your own people when drunk tight with knives and dp foolish things." 1 The effect of "strong drink 77 upon the Indians is particularly disas trous. Those living in the east and north were ignorant of fermented liquors until the white people introduced them. These Indians, bred of a race unused to stimulants of that character, became as great a prey to the desire for the effects of liquor as when the white man's diseases swept the natives off by the hundred. The records of colonial and later times are full of protests and pleadings that this seductive enemy be kept from Indians, protests and prayers from the Indians, and from those who desired to elevate the race. The French, who traversed a wider range of country during the seventeenth and eighteenth centuries, carried the havoc more widely. The English settled among the tribes living on the coast, endeavored to restrain by law the selling of liquors to the Indians living within the colonies, with more or less success. Private interest and desire for gain tempted many to surreptitiously .furnish the Indian with fire-water in spite of the statute-book. 2 With regard to the dealings of the Dutch with the Indians Mr. Ellis remarks : 3 A journal written in the Dutch province, at Albany, N. Y., soon after 1640, traces the beginnings of discordant relations with the neighboring Indians to the mis doings of the whites. The writer says that, instead of trading as a company and by system with the natives, each man set up for himself, roamed in the wilderness for free traffic, and was mastered by a jealous selfishness. They drew upon themselves contempt instead of respect from the Indians by overfamiliarity, admitting them to their cabins, feasting and trifling with them, and selling them guns, powder, and bullets. At least four hundred armed savages were then found between the Dutch settlements and Canada, and were thus placed at an unfair and mischievous advan tage over other Indians. * * * From 1640 to 1643 the war then raging between the Dutch and the Indians threat ened to become general through the colonies. The traders up the Hudson had defied all the rigid prohibitions against the selling arms to the Indians, and the Mohawks, with their confederates on the river, nearly exterminated the settlers at Manhattan. Then the massacre of the Indians by the Dutch at Pavonia and Corlaer's Hook was attended by barbarous tortures, which rivaled in cruelty and horror even the savagery of the natives. Fearful devastation and terror followed. Two Indians were so shockingly tortured by the Dutch at Manhattan that even some squaws, as they looked on, cried "Shame!" Captain Underbill, leading the Dutch, massacred nearly seven hundred Indians near Greenwich and Stamford. It was estimated that sixteen hundred sav ages were killed in this war. These wars finally broke the power of the Algonquius. During the contentions between the New Netherlander and the New England settlers the Five Nations remained faithful friends of the Dutch, saying, "With them we keep but one council fire. We are united by a covenant chain." 4 Bancroft: Hist, of the II. 8., Vol. II, p. 289. 2 The efforts put forth by the Jesuit missionaries to stay this traffic, and the opposi tion offered by traders, backed by the king and court interested in money-getting, is ably set forth by Mr. Parkman in his Old Regime in Canjula. 3 Ellis: The Red Man and the White Man, pp. 343-341. 4 Bancroft: Hist, of the U. S., Vol. II, p. 311. 4 INDIAN EDUCATION AND CIVILIZATION. In 1664, upon the surrender of New Netherlands to the Duke of York, the Indians of that province became subject to the English rule. The Five Nations played an active part in the history of the colonies during the seventeenth and eighteenth centuries. Their hereditary enemies, many of whom resided within the limits of the colonies to the south and east of them, were frequently warred against and the white settlers became more or less involved. The Senecas were particularly troublesome to the colonies to the southward, and the Mohawks spread desolation through the Connecticut Valley, their war parties sometimes penetrating to the towns near the coast. The complications between England and France increased the importance of the Iroquois group, and a history of them is largely the history of the contest of England for the possession of the territory claimed by France. In 1664 a body of laws " collected out of the several laws now in force in His Majesty.'s American Colonies and Plantations," including the Massachusetts colony, was adopted for the Duke of York's province, afterwards a part of New York. Under the head of <{ Bond Slavery," there is a provision that " no Christian shall be kept in Bond Slavery, Villanage, or Captivity," except as therein stated, excluding from this exemption, agreeably to the prevailing notion of some of the English courts, all such as were infidels or heathen. 1 EOMAN CATHOLIC MISSIONS. Florida. In 1601 the Governor of Florida made an appeal for mis sionaries. The following year the bishop of Cuba visited the colony, and within a few years so many missionaries were sent thither that Florida was made a Franciscan province under the name of St. Helena. In 1612 twenty-three missionaries arrived; in 1613, eight ; and in 1615, twelve more. u In less than two years they were estab lished at the principal points, and numbered no less than twenty con vents or residences in Florida." 2 In 1638 the Appalaches attacked the Spaniards and were defeated. The prisoners were put to work on the fort and public buildings, and here the missionaries gained access to them, and through them to the 'villages of their tribe. Missions were also begun among the Creeks in west Florida and Georgia, and among the Cherokees, a chief of which tribe was baptized in 1643. 3 In 1684 the Yamassees drove away the missionaries and joined the English, and the next year attacked and destroyed the Spanish mission of St. Catharine's. 4 The Franciscans established convents on the Flint, and on the Appalachicola and other rivers in Florida. 4 New Mexico. In 1626 a memoir was addressed to the Spanish court by Father Benavides, of New Mexico, and twenty-seven stations re- 1 N. Y. Hist. Coll., Vol. I, p. 3^2 ; Massachusetts and its early History, Lowell Inst. Lectures, p. 203. 2 Shea: Catholic Missions, p. 71. 3 Ibid., p. 72. 4 Ibid., p. 73. FRENCH MISSIONARIES ON THE LAKES. 65 ported. Residences or convents were established at Saint Antonio or Senecu, Socorro, Pilabo, Sevilleta, Saint Francis, Isleta, and Acoma, among the Topiras, the Teoas, the Picuries, and at Zuni, and churches built at Santa Fe, Pecos, Saint Joseph or Hemes, and the Queres ; but before 1660 the Territory was abandoned. 1 In that year two missionaries returned and remained for two years, when the Indians, after stripping them naked, drove them out of their villages. The missionaries returned the next year and founded several missions. In 1680 all the Indians except three of San Juan de los Ca- balleros joined in a general insurrection, destroyed several of the sta tions, and killed a number of the missionaries. The Moquis and Nava- joes also killed the missionaries who had ventured among them. "After a few years * * * the missions rose again, * * * but many churches were never rebuilt, for the new colonies were much harassed by the Apaches.' 72 California. Three Carmelite friars accompanied Vizcaino's expedi tion to Upper California in 1601. At Monterey an altar was raised under an oak and services held, but no mission work was instituted. 3 Maine. In March, 1613, French missionaries landed on Mount Des ert Island, and buildings were erected. During that year the English under Argall captured the post and took the priest prisoner. 4 In 1646 a mission was begun by the Jesuits on the Kennebec River, among the Abuakis. A chapel was built a few miles above the English trading- post of Norridgewock, and with the exception of a hiatus between 1656 and 1688 the mission continued throughout the seventeenth century. During the period the Abnakis were without a priest a number were induced to emigrate 'to Canada, and finally settled in the village of Saint Francis, where their descendants still live. A portion, however, re mained and were ministered to by Father Sebastian Rale, who com piled a dictionary of the Abnakis language. These Indians were allies of the French and became involved in the wars of the period, taking part against the English. The mission was for a time broken up amid scenes of disaster, and many of the survivors joined their relatives at Saint Francis, Canada. The missions on the Penobscot and Saint John's remained for a time longer. 5 Michigan and the Lakes. The war between the Hurons and the Five Nations resulted disastrously to the former. About 1650 a number of Hurons were received into the Seneca tribe in New York. Another band of Hurons, the Tionontates or Tobacco Nation (at present known as the Wyandottes), driven northward, formed an alliance with the Otta- was, and settled, first at Michilimackinac, next near Green Bay, Wis. j moving to the Mississippi they met the Dakotas, who drove them back * Shea: Catholic Missions, pp. 80, 81, 82. 2 Ibid., p. 82. ' 3 Ibid., p. 88. 'Park- man : Pioneers of France in the New World, pp. 274-280; Shea: Catholic Missions, pp. 132, 133; Holmes : Annals of America, Vol. I, pp. 143-144. 5 Shea : Catholic Missions, pp. 136-152. S. Ex. 95 5 66 INDIAN EDUCATION AND CIVILIZATION. to Lake Superior near the present town of Bayfield. The Dakotas still harassed them, and about the year 1671 they again returned to Michil- imackinac, from whence they removed to Detroit and Sandusky. Dur ing the period from 1615 to the present century they were ministered to from time to time by Jesuit missionaries. 1 Father Brebeuf, a missionary to the Huron tribes from 1626 to 1629 and from 1634 to 1649, suffered torture and death at the hands of those Indians in March, 1649. He was the first Huron scholar, and wrote a catechism in the language of the tribe, published in 1632, and a gram mar which has never been published. 2 Father Me"nard began his labors among the Ottawas on Lake Supe rior in 1660. Five years later Father Allouez started his mission at La Pointe, Lake Superior, and preached to Ottawas, Pottawottamies, Sacs and Foxes, Winnebagoes, Kickapoos, Miamis, and Illinois. He was suc ceeded by Dablon. Druilletes and Andr were added to the work, and missions at Green Bay and Sault Ste. Marie ^vere begun. In 1672 Mar- quette set out with Joliet on his voyage of exploration of the Missis sippi. Galine"e, a Sulpitian missionary, who visited the mission in 1670, remarks, that though the Jesuits had baptized a few Indians at the Sault, not one of them was a good enough Christian to receive the eucharist ; and he intimates that the case, by their own showing, was still worse at their mission of Saint Esprit. 3 The coming of La Salle and the Eecollets brought dissension and jealousy; the French were at war with the Iroquois of New Yo.rk, and called on their Algonquin allies for help, and the Ottawas sent warriors in 1677, accompanied by Father Enjalran, to aid Denonville against the Senecas. The Coureurs de Bois roamed through the country corrupting the Indians, with whom they vied in heathenism, and the soldiery added their demoralizing influences at the military posts which had been es tablished, so that although Allouez, Albanel, De Carheil, and their as sociates continued to labor, their influence gradually waned, and at the close of the seventeenth century the missions among the Ottawas and their kindred tribes w-ere practically extinguished. The Be"collet friars who accompanied La Salle were Hennepiu, the aged Eibourde, and Membre". 4 Hennepin was sent by La Salle to ex plore the Upper Mississippi. He fell into the hands of the Dakotas, among. whom he remained until rescued by Du Lhut in the autumn of 1680. Hennepin does not appear to have attempted missionary work among them, unless his baptism of a sick child may be so called. The child presently died, " which," he writes, "gave me great joy and sat isfaction." 5 In 1680 five hundred Iroquois warriors invaded the country of the Illinois, and the two missionaries, with the remnant of La Salle's colony, iShea: Catholic Missions, pp. 195-204. * Ibid., p. 190 and note. 3 Parkman; Discovery of the Great West, p. 18. "Shea: Catholic Missions, p. 411. 6 Park man : Discovery of the Great West, p. 243, JESUIT WORK AMONG THE NEW YORK INDIANS. 67 were compelled to flee. Kibourde was killed by Kickapoo warriors and thus ended the K6collet mission. Allouez spent from 1681 to 1687 among the Illinois, Gravier from 1687 to the end of the century, and Kale 1691 and 1692. Gravier met with some success among the Kaskaskias. A woman married to a French man named Acau was converted, and through her influence the mis sionary gained the confidence of the Indians. 1 When La Salle descended the Mississippi in 1682 he was accompanied by the Recollet friar Membre', who met his death in Texas. A year later Tonty, La Salle's lieutenant, having received a large grant of land on the Arkansas Eiver, deeded to Father Dablon, superior of the Canada mission, a tract of land for the support of a missionary. " This mission was to begin in November, 1690, and the missionary was, among other things, to build two chapels, raise a cross 15 feet high, minister to whites and Indians, and say a mass for Tonty on his feast, St. Henry's day.' 72 Xo record remains of this mission. In 1699 the Jesuits, Montigny and Davion, descended the Mississippi and began their labors among the Taenzas and the Tonicas on the Yazoo. 3 New York. Father Jogues, who was taken captive by the Mohawks in 1642, began to teach them Christianity. He was, however, tortured and mutilated, but laid the foundation of the Iroquois Jesuit mission. 4 The Dutch at Fort Orange (Albany) assisted Father Jogues to escape, and he reached France in January, 1644, by the help of Governor Kieft. He returned to Canada in the spring of the same year, and met Ms death from a Mohawk two years later. 5 No further missionary efforts were made among the Iroquois until 1653, 6 when Le Moyne visited them, and was followed the next year by two missionaries from Quebec, accom panied by a dozen Iroquois converts. The Indians insisted upon a permanent French colony at Onondaga, and accordingly in 1656 an officer, ten soldiers, thirty Or forty colonists, four Jesuit priests, and two lay brothers arrived at Onondaga, where a fort and chapel were soon built. From this point the Cayugas, Senecas, and Oneidas were visited by the missionaries. The ulterior object of the Onondagas seems to have been Ito gain pos session of the Hurons, who six years before had taken refuge under the walls of Quebec. This object accomplished, they determined to destroy the colony. Their plot was revealed, and early in 1657 the colony was secretly abandoned, the people narrowly escaping with their lives. 7 After the close of the war in 1667 the Jesuits again entered the field, and within a year established missions among the Mohawks, Oneidas, Onondagas, Cayugas, and Senecas. Hostilities being again renewed, the field was abandoned about 1685, and Jesuit missions among the Iroquois of ^N"ew York were never re-established. 1 Shea : Catholic Missions, p. 419. 2 Ibid., p. 439. 3 Ibid., p. 440. 4 Il>id., p. 307. 5 Ibid., p. 217. *Ibid., p. 220. " Ibid., p. 329, 68 INDIAN EDUCATION AND CIVILIZATION. The number of baptisms reported by the Jesuits in the eight years between 1668 and 1677 was 2,221. 1 A large portion were of the dying or infants, " the mothers readily presenting their children when sick ; so that here, and we may say everywhere, the number of baptisms is no criterion of the success of the mission." 2 From 1650 the Jesuits labored to induce their Iroquois converts to abandon their homes in ^NTew York and emigrate to Canada. This en terprise was fostered by the civil and military authorities of Canada in the seventeenth century. Many belonging to the Iroquois tribes settled north of the St. Lawrence, where they were taught by the Jesuits, in the vicinity of Montreal by the Sulpitians, and at Quinte by the Ke"col- lets. l^ear Montreal an Indian school was established about the year 1676 5 "the boys, * * * twenty-three from the first, learned to read, write, and chant, as well as various trades ; the girls to read, write, sew, knit; and the government, which took a deep interest in the mission, sent out women to teach them to spin, knit, and embroider." 3 The granddaughter of a Huron convert entered the school and finally was " made school-mistress, a post which she filled to the age of twenty- seven." 4 A school was begun at Quebec in 1668, with eight French and six In dian pupils, in the old house of Madame Couillard ; but so far as the Indians were concerned it was a failure. 5 Within the present limits of the United States the Jesuit missiona ries did not establish any schools in the seventeenth century. ^ The missionaries began their instructions in religion at once ; they did not seek to teach the Indians to read and write as an indispensable pre lude to Christianity." 6 One hindrance to the success of the missionaries, and for which they were themselves measurably responsible, was the perennial state of warfare that existed between the different Indian tribes and between the French and their Indian allies on the one side, and the Iroquois and English on the other. Caring much for the soul, little or nothing for the body, the Jesuits seldom tried to mitigate the horrors of savage warfare in the seventeenth century ; indeed, they sometimes instigated their savage converts and allies to cruelty. Such was the case at Mich- iliniackinac in 1690, when the Jesuits insisted that an Iroquois pris oner in the hands of their Huron allies should be put " into the kettle," I. e. 9 burned, though the captors desired to spare his life. 7 At Quebec, in 1692, when Frontenac ordered two Iroquois captives to be burned, " one stabbed himself in prison ; the other was tortured by the Chris tian Hurons on Cape Diamond, defying them to the last." 8 After the futile attack on Wells, Me., by the Canadians and the Christian Indians !Shea: Catholic Missions, p. 293. * Ibid., p. 288. s Ibid., p. 310. * Ibid., 311. 5 Parkman: Old Regime in Canada, p. 162. eghea: Catholic Missions, p. 300. 7 Parkman: Frontenac and New France, p. 205. *Ibid., p. 300. CRUELTY OF THE INDIAN ALLIES OF TFE FRENCH. 69 in the same year, Villeboii, the governor, gave bis savage allies a prisoner to burn. "They put him to death with all their ingenuity of torture." 1 The Abenaki chief Boniaseen, when a prisoner at Boston in 1696, declared that they [the French missionaries] told the Indians that Jesus Christ was a Frenchman and his mother, the Virgin, a French lady ; that the English had murdered him, and that the best way to gain his favor was to revenge his death. * * * They [the priests of the mission villages] avoided all that might impair the warlike spirit of the neophyte, and they were well aware that in savages the warlike spirit is mainly dependent on native ferocity. They taught temperance, conjugal fidelity, devotion to the rights of their religion, and submission to the priest ; but they left the savage a savage still. In spite of the remonstrances of the civil authorities, the mission In dian was separated as far as possible from intercourse with the French, and discour aged from learning the French tongue. He wore a crucifix, hung wampum on the shrine of the Virgin, told his beads, prayed three times a day, knelt for hours before the Host, invoked the saints, and confessed to the priest ; but, with rare exceptions, he murdered, scalped, and tortured like his heathen countrymen. 2 The Indian captors of Hannah Dustan knocked out the brains of her week-old infant against a tree, but every morning and night in camp they regularly told their beads and said their prayers, as instructed by the priests. 3 Parkman, in The Old Begiine in Canada, relates an incident that took place at Quebec in 1G60. A Wolf (Mohegan) prisoner was burned at the stake; the Jesuits could, if they desired, have saved him : The truth was, they did not care to prevent the tortures of prisoners of war, not solely out of that spirit of compliance with the savage humor of Indian allies which stains so often the pages of French American history, but also, and perhaps chiefly, from motives purely religious. Torture, in their eyes, seems to have been a blessing in disguise. They thought it good for the soul, and in case of obstinacy the surest way of salvation. "We have very rarely indeed," writes one to them, "seen the burning of an Iroquois without feeling sure that he was on the path to Paradise; and we never knew one of them to be surely on the path to Paradise without seeing him pass through this fiery punishment." So they let the Wolf burn ; but first hav ing instructed him, after their fashion, they baptized him, and his savage soul flew to heaven out of the fire. "Is it not," pursues the same writer, " a marvel to see a Wolf changed at one stroke into a lamb, and enter into the fold of Christ, which he came to ravage ? " 4 1 Parkman : Frontenac and New France, p. 356. 2 Ibid., pp. 376-377. See also Mather's Magnalfa, II, 629, and Dummer's Memorial, Mass. Hist. Coll., 3rd series, I, 233. 3 Mather's Magnalia, II, 635. 4 Parkman quotes the Jesuit Relation of 1660. CHAPTER III. THE EIGHTEENTH CENTURY. The civil status of the Indian suffered little change during the first three-quarters of the century. The wars incident to the contentions and rivalries between England, France, and Spain brought no benefits to the Indian tribes. These were tossed upon the bayonets of the con tending parties, courted as allies, used as scourges, and at all times disdained as equals. The hunting grounds of the Indians nearest to the settlements became more and more occupied by plantations and towns, and the Indians were forced by the farmer and the trader to fafl back further and further. This threw Indians who had become pos sessed of habits modified by contact with the whites upon the tribes still living in their ancient manner, and bred new tribal jealousies. The history of individual Indians who accepted the Christian doctrine of peace and good will, the result of the teachings of Wheelock, Brain- ard, and others, gives proof of the capacity of the Indian for education and Christian civilization. Their history also shows that the failure to have these teachings accepted by the entire tribe is due to the persecu tion of the white people, moved by the kindling of race prejudice or by the greed for gain. The Indian has tried ; we have continually thwarted his efforts and made them abortive. VIRGINIA. To more effectually isolate the Indian from the white population, the Assembly enacted in March, 1702, and repeated the enactment in 1705, that Indians should not be allowed to hunt or range upon patented lands ; l neither should any Indian hold an office in the county, 2 nor be a capa. ble witness; 3 and the more effectually to remove him from any of the legal privileges of the white race, the child of an Indian was to be deemed a mulatto. 4 During this year, 1705, Indians, together with other slaves held in the Dominion, were declared to be real estate and not chatties, to descend to heirs, and also to be liable to be taken in execu tion for payment of debts. 5 5^ slave's conversion to Christianity, it was decreed, would not alter the condition of servitude. 6 The difficulties in North Carolina made the Tuscarora Indians partic ularly unwelcome neighbors, and the Assembly sought to exclude them 1 Herring: Statutes of Virginia, Vol. Ill, p. 224. z lbid., p. 251. *ttid., p. 298. *Ibid., p. 252. * Ibid., p. 333. 6 , Ibid., p. 447 70 ENMITY OF THE TUSCARORAS. 71 from the colony by making it unlawful to employ one of this tribe who was not a slave, or, in fact, any free Indian to hunt game, except the Pamuukey, Cliickahommy, or Eastern Shore Indians. 1 During the same session it was decreed that it was not lawful for any Indian to barter, sell, or devise land laid out for them by the peace of May 29, 1677, and all such bargains were declared void ; nor could any one lease or occupy Indian land, under penalties, or settle within 3 miles of an In dian village ; but if the Indian town were on one side of a river and the English settlement on the other, the river was to be a sufficient boundary between the two. Any injury done to a tributary Indian was to be punished as though the offense had been committed upon an Englishman. On the other hand, tributary Indians were permitted to go unarmed upon land belonging to the English to gather such roots and oysters as were not needed by the settler. Tributary Indians were to give notice of the approach of strange Indians, and should they need aid the militia were ordered to render it. In return, the tributary Indians were to march with the English against strange Indians. Free trade was permitted with all Indians, but no liquor was to be sold on Indian land. " If any person discovers a town or nation of Indians west of the Appalachian Mountains it shall be lawful for the governor and coun cil to grant sole liberty to trade with said Indians for fourteen years, and such discoverers may have a charter of corporation with liberty and privilege." 2 In less than ten years Virginia traders were said to have their " chief- est traffique some four or five hundred miles to the south-west, among Indians whose names are scarce known to any but the traders.' 73 The exploration of the Keuse Eiver by De Graffenried and Lawson, in September, 1711, in order to ascertain its navigability and the fitness of the region for the occupation of the German colony, gave fresh um brage to the already irritated Tuscaroras. 4 A party of Indians captured the two men, and soon spread havoc among the settlers nearer the coast. 5 North Carolina had been involved in party troubles, and the Various leaders used what means were possible to assert the claims of their respective parties. One is said to have sought help from the In dians, the young men agreeing to render the desired aid, but the elder Indians refusing to take any part in the affair. 6 On learning of the capture of De Graffeuried and the warfare upon the settlers, Governor Spotswood sent out detachments of militia to prevent the tributary In dians of Virginia from being drawn into the fray, and he also dispatched messengers to the Tuscaroras to meet him on the border of the Domin ion, that they might make a treaty. 7 With the assembled soldiery of three counties, amounting to upwards of six hundred men, the governor met the deputies of those towns among the Tuscaroras which refused to 1 Herring: Statutes of Virginia, p. 343. -Ibid.) pp. 464-469. 3 Spotswood Letters, Vol. I, p. 167. 4 Bancroft: Hist, of the U. S., Vol. Ill, p, 319* 5 Spotswood Letters, Vol. I, p. 116. e Ibid., p. 96. * Ilid., p. 117. 72 INDIAN EDUCATION AND CIVILIZATION. take part in the war, and proposed that they should deliver " two Chil dren of the great men of each town, to remain as Hostages, and to be educated at our College." But as these deputies had no authority to conclude these arrangements they agreed to inform their nation and return answer by November 20. 1 Meanwhile the Assembly passed the following act for the protection of the frontier by appointing rangers and defining their duties : If the u rangers " shall see any Indian whatso ever and endeavor to seize him, they shall, if they see cause, convey him before a justice of the peace, who may commit him to the sheriff, and he to the lieutenant-governor or commandant of the Dominion, the justice to certify the cause. If the Indians so arrested belong to any nation at war with the English, they shall be transported and sold for the benefit of the rangers. If any Indian seen shall attempt to run away,, he may be killed, and the person killing him incur no penalty. Any person capturing an Indian who has attacked a white person shall receive 20 reward, or in case the Indian has been killed owing to re sistance, he shall receive a like amount. Eangers to be exempt from parish levies during service, and this act to be in force one year. 2 The Assembly of the next year continued the act for another year. The tributary Indians, as well as the Tuscaroras, agreed to give their chil dren as hostages, but owing to sickness and bad weather the Tusca- rora deputies w^ere detained a few days beyond the date agreed upon, and the Assembly, upon a representation from Carolina, requested the governor to declare war upon the Tuscaroras. Governor Spots wood writes to the board of trade : So violent an humour prevail amongst them [the Assembly] for extirpating all the Indians without distinction of Friends or Enemys, that even a project I laid before them for assisting the College to support the charge of those Hostages has been thrown aside without allowing it a debate in their House, tho' it was proposed on such a foot as would not have cost the country one farthing. 3 The governor seems to have met with something more than indiffer ence from the Assembly, in his plans for securing the friendship and co-operation of these Indians, who not only gave up their children as sureties of good faith but secured the liberation of De Graffenried, and offered to assist in fighting those Indians who had risen against the English. The Assembly voted 20,000 to carry on a war against all the Tuscaroras, even after the treaty " entered into at the instance of their own house n was laid before them j the governor, however, refused to declare the war. 4 Some gentlemen voluntarily offered to advance money on the credit of the revenue to make good the treaty with the Tuscaroras. 5 In 1712 there were " nine nations" of Indians tributary to Virginia. The Pamunkeys, Chickahominies, Kansemonds, Nottoways, Maherins, Sapons, Stukanocks, Occoneechees, and Totteros, some seven hundred in all. These lived quietly in entire subjection to the government, traf- 1 Spotswood Letters, Vo. I., p. 121. 2 Hening : Statutes of Virginia, Vol. IV., p. 10. 3 Spotswood Letters, Vol. I, p.130. *llid., pp.130, 131, 134, 135, 144. 5 Hid., pp. 141, 145. TUSCARGKAS DEFEATED. 73 licking pelts for clothing, arms, and ammunition*. Trade was also held with the neighboring Tuscaroras, who were said to have two thousand fighting men. 1 The same authority gives the number fit to bear arms and free men in the Dominion at twelve thousand and fifty one. 2 Difficulties with the Indians increased. Allies from the southern tribes of Cherokees, Creeks, Catawbas, and Yamassies joined the forces of South Carolina, and came to the aid of the North Carolinians who were battling with the Tuscaroras, now assisted by the Senecas of the Five Nations of New York. The dissensions in the colony prevented any unity of action, and a hasty peace was concluded, and as soon broken by the returning South Carolina troops. These fell upon Indian towns protected by the treaty, and many persons were carried off as captives. This treachery brought on fresh attacks from the outraged Indians, who fell indiscriminately upon the settlers and tributary Indians of Virginia, the peaceful Nottoways losing five of their number in a single day. Finally a battle took place on the Neuse that ended disastrously to the Tuscaroras. The many captives taken were sold as slaves, and the power of the Indians of North Carolina was broken ; the hostile por tion of the Tuscaroras left the country about 1714, and joined the Iro- quois of New York, forming the Sixth Nation of that league. 3 The desire of the French and the various colonies to control the In dian trade had much to do with fomenting these aad other wars. The possession of the great Mississippi Valley was almost literally being fought for by individual and enterprising traders, prior to the time that this wide region of country came to play a public part in the poli tics of foreign nations. Virginia traders had penetrated so far west ward that u they must travel fifteen hundred miles to come at their most considerable" nations. 4 The long journeys made by the traders, and the risk they frequently ran of losing their goods from war parties en route to attack some distant tribe, together with unfair dealings in trade and advantages taken by making Indians intoxicated, frequently led to grave results, involving not only the settlers but innocent and friendly Indians in a disastrious warfare. The early history of each one of the colonies give^ many such instances. 5 Governor Spots wood writes to the lord commissioners of trade in London, May 9, 1716 : It has been the general observation in this and the Neighboring provinces, that the Indians have rarely ever broke with the English, except where they have received some notorious Injury from the persons trading with them. Advantage has often been taken by making them drunk, to impose upon them in the price of their Com- moditys, which, they not being acquainted with the method of seeking reparation by law, have frequently revenged by the murder of the offender, believing that since by their Customs the punishment of murder may be Commuted by the payment of a certain number of skins or other Commoditys, the defrauding them of any part of their goods might with equal reason be punished with Death. 6 1 Spots wood Letters, Vol. I, p. 1C7. 2 Ibid., p. 166. 3 Bancroft : Hist, of the U. S., Vol. Ill, pp. 320, 321; Spotswood Letters, Vol. I, pp. 169, 170, 171, Vol. II, pp. 19, 24, 25. < Spotswood Letters, Vol. I, p. 172. 5 Ibid., Vol. II, pp. 25, 121, 231. *Ibid., p. 145. 74 INDIAN EDUCATION AND CIVILIZATION. The aggressive Iro^uois continued their excursions in spite of the various treaties made with the purpose of preventing their moving south ward against their ancient enemies. The treaty of 1722, made at Al bany, in connection with the governors of the other colonies to the northward, sought to impose the penalty of death or slavery upon any one of the Five Nation Indians passing to the southward of the Potomac Kiver, or east of the mountains, without a passport from the governor of New York ; the tributary Indians of Virginia to remain to the eastward of these limits under pain of like penalty. 1 By these means the colonists sought peace and an opportunity to enlarge their settlements. An act of the Assembly, in August, 1734, permitted free Indians to testify in criminal cases involving Indians. 2 This same year the Not- toway Indians, being " reduced by wars, sickness, and other casualties to a small number, and many of them being too old to labor or hunt," agreed to sell the land set apart for them on the north side of the river in 'order to u pay their debts " and support their aged. The record also states that " the tract prevents increase of inhabitants in that parish, and is therefore grievous and burdensome." 3 About this time, as the Indians all spoke "the English language very well," the office of interpreter was abolished. 4 Ten years later the Nottoways sold a portion of their reservation south of the river, not to include any of the swamp, at 12 10s. per hundred acres ; and the Nansemond Indians also disposed of their land, these Indians being again in debt, being enticed " thereto by drink ; " whereupon the Assembly decreed that " no one shall sell liquor on trust to an Indian." 5 In 1748 negroes, mulattoes, and Indians were permitted to hold slaves of their own color. This act, however, was repealed by the King in 1752. 6 The settlements of the valleys west of the Alleghany Mountains, be gun about 1751, were involved in many difficulties with the Indians, particularly through the French and Indian war. In 1761 all British subjects living on the western waters were ordered to vacate the lands, which were claimed by the Indians. This command was issued in the hope of securing the good- will of the natives ; but the order was never carried out. and that region became the scene of the exploits of Cornstalk, the Shawnee warrior. These Indians were a valiant tribe, and were those who defeated General Braddockm 1755, and were again victorious at Fort Pitt in 1758. After the peace of 1761 the Shawnees again were in the field, and cut off the settlers of the Greenbrier Valley in 1763, and in 1764 had pushed as far east as Staunton. That year a peace was made on the Muskinguin in Ohio, which lasted until 1774. The colonial disturbances with the mother country were used by iu- : Statutes of Virginia, Vol. IV, p. 103. 2 Ibid., p. 405. 3 Ibid., p. 461. transmit such accounts in the form of certified vouchers to the Indian Office for payment. This system, which was inaugurated in 1875, has relieved agents of large money responsibilities, but has materially in creased the labor required of the finance division. The clerical force of the division consists of the chief, a book-keeper, one clerk of class 4, two clerks of class 3, three clerks of class 2, three lower grade, and three record clerks. Land and law division. This division has charge of all the Indian lands in the United States, and is the law division of the Indian Office. .It directs all allotments, surveys, conveyances, appraisement and sale; prepares copies of land plats, and conducts the e ntire correspondence connected with the foregoing; the establishment, enlargement, or re duction of Indian reservations by Executive order ; issues certificates of allotments of land in severalty to Indians, and instructions to spe cial commissions. It is the depository for all maps, diagrams, and plats 1 Act of Congress, March. 3, 1887, United States Statutes, second session Forty-ninth Congress, 1886-87. 2 For fuller statement see Eeport Indian Commissioner, 1878, p. LI-LXIV. OFFICE ORGANIZATION. Ill of field-notes of survey ; keeps a record of all Indian deeds approved by the Department, and of all treaties and agreements made with the various Indian tribes. Tract books of all Indian reservations that have been fully surveyed are kept, showing subdivisions of land and the dis positions made thereof. It has charge of all matters relating to the location and removal of Indians ; the removal from the reservation of persons considered detrimental to the peace and weltare of the Indians^ all matters relating to crimes and offenses committed by Indians either on or off the reservations ; also, all matters pertaining to railroad' com panies "having right of way through Indian reservations, and the con sideration of claims to compensation therefor, and to damages, direct and .consequential, resulting therefrom; all claims for arrears of pay, pensions, and bounty claims by reason of the military service of In dians pass through this division. The examination of contracts with any tribe or individual Indians for the payment of money, etc. ; ques tions relating to the guardianship of minors, settlements of estates of decedents, the reclamation of property stolen or illegally sold, and rem edies for trespass belong to this division, which is also charged with the construction of treaties and of laws enacted for the benefit of the Indians ; the determination of all the vexed and multifarious legal ques tions arising among a semi-civilized people, and between them and their white neighbors, as well as all matters pertaining to the civilization and advancement of the Indian. All bills originating in either House of Congress which affect Indian lands or any claims arising from or connected with them are referred to this division for examination and report. The clerical force consists of the chief, one clerk of class 4, three clerks of class 3, two clerks of class 1, four clerks of lower grade, one draughtsman, one record clerk. Accounts division. The accounts division has charge of the examina tion and recording of bonds given by Indian agents ; the cash and property accounts of all disbursing officers of the Indian Bureau, and examines and audits the same, preparatory to their final settlement by the accounting officers of the Treasury ; determines all questions rela tive to the quantities and distribution of supplies ; examines monthly and weekly statements of balances of public funds, weekly statements of issues of supplies, and quarterly reports of employe's ; has super vision of the appointment and discharge of agents and all agency em ploye's, except school employes. All correspondence pertaining to the accountabililty of agents for public funds and property placed in their hands is conducted in this division and a permanent record kept thereof. The clerical force consists of the chief, 2 clerks of class three, 8 clerks of class two, 2 clerks of class one, 5 lower grade, and 2 record clerks. Education division. The education division, under general direction of the Superintendent of Indian Schools, has supervision over all ques tions relating to Indian schools; has charge of all records and cor- 112 INDIAN EDUCATION AND CIVILIZATION. respondence relating to their management; supervises all plans and specifications for school buildings; prepares all contracts for education of Indians ; fixes all positions and salaries of school employe's, and has supervision of their appointment and discharge. The clerical force consists of the chief, 1 clerk of class three, and 3 copyists. Records and files division. The records and files division keeps a reg ister of all letters received ; the records of all correspondence issuing from the office ; files, in proper order, of all papers relating to the ser vice received by the Office. The clerical force consists of the chief, 2 clerks of class two, 1 clerk of class one, 3 record clerks, 2 messengers. The general office employs 1 messenger, 1 assistant messenger, 1 laborer, 1 messenger boy. FIELD ORGANIZATION. The field work of the Indian Department is under the charge of 60 agents, 609 employes, exclusive of school employes, and 5 special agents. Also 5 inspectors, who report directly to the Secretary of the Interior. Agents. Indian agents are u nominated by the President and ap pointed by and with the consent of the Senate. 771 Each Indian agent holds his office for four years 2 and until his successor is appointed and qualified. 3 He must give bond 4 with not less than two sureties, and the several sums in which the sureties justify must aggregate at least double the penalty of the bond. 5 Upon assuming charge the agent shall take an inventory of all public property on the reservation, and shall receipt for the same to his predecessor. 6 An agent shall, if re quired, perform the duties of two agencies for one salary, 7 and he shall not depart from the limits of his agency without permission. 8 In the absence of the agent, an employe shall serve, he having been author ized by the agent in writing. Three copies to be made of this author ization, one to be kept by the acting employ 6, ono in the agency files, one sent to the Indian Office, signed by the employe* and certified to by the agent. The agent to be held responsible under his bond for all acts of the employe. 9 Duties of agents. The office of agent being of so great importance to the welfare of the Indians, the popular demand seems to require this officer to be not only the Government official, but the philanthropic leader of the people over whom he is placed. Should the agent be a man of large capacity he might be able to fulfill these requirements. There have been and are such men in the service. In order that something of the legal demands upon this bonded officer may be known, the following partial enumeration of the duties of agents is given. A full statement 1 United States Statutes at Large, Vol. Ill, p. 428. *Ibid., Vol. IX, p. 587. 3 Ibid., Vol. XXII, p. 87. *Ibid. f Vol. IX, p. 587. 6 Regulations of the Indian De partment, 1884, sec. 172. * Ibid., sec. 189. 7 United States Statutes at Large, Vol. XVIII, p. 147. *Ibid., Vol. IV, p. 736. 9 Regulations of the Indian Depart ment, 1884, sees. 180-183. DUTIES OF INDIAN AGENT. 113 would occupy more space than is permitted to this topic. For further information see Begulations of the Indian Department, 1884. " The chief duty of an agent is to induce his Indians to labor in civil ized pursuits." l He is also charged with the preservation of order upon the reservation ; 2 the removal u from the Indian country of all persons found therein contrary to law ; " 3 the oversight of employes ; 4 " to pro tect the rights of the Indians r in . the matter of trade ; 5 to suppress "the traffic in intoxicating liquors;" 6 to investigate "depredation claims ; ' 7 7 to " protect Indians " on their "land in severalty ; " 8 the care of all Government property ; 9 the care of agency stock ; 10 the proper receipt and distribution of all supplies received ; u disbursements of money received ; 12 the supervision of schools. 13 In addition to the correspondence and other clerical work incident to the conduct of the current business of his office, each agent is required to Keep a book of itemized expenditures of every kind, with a record of all contracts, together with receipts ot money fro in all sources; * * * the books * * * shall always be open to inspection * * * remain * * * at the respective agencies * * * safely kept and banded over to his successor; and true transcripts of all entries of every character * * * shall be forwarded quarterly by each agent to the Commissioner of Indian Aifairs. * * * Should any agent knowingly make any false entry in said books or in the transcripts * * * or * * * fail to keep a perfect entry * * * he shall be deemed guilty of a misdemeanor, and on convic tion before any United States court, * * * shall be fined * * * not less than $500 nor more than $1,000, * * * and shall be rendered incompetent to hold said office of Indian agent. 14 And he shall also keep a record of * * * all transactions of whatever character as they occur on each day. 15 The transcript of this book must be, forwarded to the Indian Office immediately upon the expiration of each quarter, without reference to the regular quarterly accounts, and must contain the certificate of the agent that it is a true transcript of the book kept at the agency. 16 The agent must render to the Indian Office A weekly-supply report showing quantity of supplies issued to the Indians, etc. 17 A weekly report making a statement of "funds on hand or on deposit." 18 A monthly report of the same. 18 A monthly report of irregular employds. 19 Regulations of the Indian Department, 1884; sees. 486-490, 354, 346, 352, 353. 2 United States Statutes at Large, Vol. IV, p. 736. 3 Ibid., p. 730, Vol. XI, p. 80; also Regulations of the Indian Department, 1884, sec. 537. 4 Ibid., sec. 565. 5 Ibid., sec. 526, 575-576. 6 United States Statutes at Large, Vol. IV, p. 564; Vol. XIII, p. 29 j Vol. XIX, p. 244 ; Vol. XXIII, p. 94 ; also Regulations of the Indian Depart ment, 1884, sec. 491. 7 Ibid., Vol. IV, p. 732; Vol. X, p. 701 ; also Regulations of the Indian Department, sees. 484,485. s lbid., Vol. XII, p. 427; also Regulations of the Indian Department, 1884, sec. 543. 9 Ibid., sees. 334, 387. 10 Ibid., sees. 93-102, 331, 366-368. "United States Statutes at Large,, Vol. IV, p. 738; Vol. XI, p. 169; Vol. XVIII, p. 449; Vol. XIX, p. 293; also Regulations of the Indian Department, 1884, sees. 345-350 and sees. 358-365. l -Ibid., sees. 475-478. 13 Ibid., sees. 506, 507, 511-514, 517. 14 United States Statutes at Large, Vol. XVIII, p. 451. u Regu lations of the Indian Department, 1884, sec. 3^6. 16 Ibid., sec. 328. 17 Ibid., sec. 377; also p. 185. is lbid., sees. 439, 440. ^Ibid., sees. 234, 235. S. Ex. 95 8 114 INDIAN EDUCATION AND CIVILIZATION. A monthly statement of the amount of indebtedness for employ 6s. 1 Monthly report of the number of acres of land broken and cultivated ; of the kind and quantity of crops raised; hay cut ; number of feet of logs cut ; lumber sawed ; bushels of grain ground; number of fence-rails split; rods of fence made; houses built for or by Indians ; agency buildings erected ; of the work performed by In dians; amount of money received for it, and from whom; and of whatever occur rences have required or will require the attention of the Indian. Office. 2 A "monthly report of schools" showing attendance, progress of pupils, statistics of teachers. 3 A monthly report of all school issues and expenditures. 4 A quarterly account consisting of An account current of all moneys received, whether from appropriations or miscel laneous sources, and * * * the aggregate of disbursements * * * and all d< posits to the credit of the United States. 5 Abstract of disbursements. 6 Vouchers from all persons to whom money has been paid for any service or article. 7 Transcript of cash. 8 A sworn report of employe's. 9 A property return, accompanied by the proper abstracts, must show all publi< property of whatever kind or description upon the reservation, and all property ceived, issued, and remaining in the hands of an officer, including all Governm< buildings on the reservation. 10 Abstract A, showing all articles purchased by agent. 11 Abstract B, showing all articles received from contractors by consignment, etc. 12 Abstract C, showing all articles received from various sources, including gains ii issues; all beef hides; all articles manufactured or produced in any manner at tl agency; (all garments, etc., made by school children or employe's, and articles mi at the shops are included in the above item). 13 Abstract D, showing all articles issued to the Indians. This abstract must be companied by the issue vouchers containing the name of each Indian and articles the amount of subsistence issued to him, and his receipt, duly witnessed, for whj he receives. The vouchers must be supported by certificates from the interpret two disinterested witnesses, and the agent, setting forth that the articles have distributed to the Indians in the prescribed method. 14 Abstract E, showing all subsistence sold to employe's, accompanied by the of the agent and of each employ6 who purchased any supplies. 15 Abstract F, showing all articles expended at the agency, including stationery, fue supplies for the mill, shops, farms, and schools, accompanied by vouchers from the miller, shop employe's, farmer, superintendent, principal teacher, or other employe" as to the disposition made of each article expended. 16 Medical return, showing all medical property received, expended, and on hand, supported by certificate of the physician. 17 Quarterly accounts are required to be made out in triplicate, one copy for the In dian Office, one for the accounting officers of the Treasury, and the third to be pre served in the agency files. 18 These reports must be made out and transmitted to the 1 Regulations of the Indian Department, 1884, sec. 266. 2 Ibid., sec. 209. 3 Ibid., sees. 509, 511. 4 I bid., sec. 512. 5 Ibid., sees. 284-288. 6 Ibid., sec. 289. 7 Ibid., sees. 290-325. 8 United States Statutes at Large, Vol. XVIII, p. 451; also Regulations of the Indian Department, 1884, sees. 326-328. 9 United States Statutes at Large, Vol. XVIII, p. 449 ; also Regulations of the Indian Department, 1884, sec. 329. } Ibid.. sees. 330-334. n Regulations of the Indian Department, 1884, sees. 335-336. 12 Ibid. , sees. 337-340. 13 1 bid. , sees. 341-343 and 394-404. 14 United States Statutes at Large, Vol. IV, p. 738; Vol. XI, p. 169; Vol. XVIII, p. 449; Vol. XIX, p. 293; also Regulations of the Indian Department, 1884, sees. 344-347. 15 Ibid., sees. 378-382. 16 Ibid. , sees. 383-390. 17 Ibid. , sees. 391-392. 18 Ibid. , sec. 270. RESERVATION EMPLOYES, 115 Indian Office within thirty days from the close of the quarter, or legal proceedings may be taken against the sureties of the delinquent officer. 1 Descriptive roll of school children ; 2 an annual report, including a census of all In dians at each agency, giving the number of males over eighteen years of age, females over fourteen ; school children between the ages of six and sixteen years ; 3 number of school-houses, number of schools in operation, attendance at each school, names of teachers employed, and salaries paid such, teachers. 4 To give a history of the work, progress, and events of the year, together with full statistics in regard to land cultivated, produce, stock, buildings erected both by In dians and Government, 5 with other information called for by the Indian Office 6 in regard to missionary work, population, number of Indians wearing citizens' dress, speaking English, and who can read ; number of Indian families engaged in agricult ure and civilized pursuits ; number of male Indians who undertake manual labor ; per cent, of Indians who subsist by labor and civilized pursuits, hunting, fishing, root gathering, etc. ; issue of Government rations ; number of Indian apprentices; number of Indians having allotments ; number of houses occupied by Indians, and vital statistics. 7 Agents are required to furnish once during the year, a descriptive statement of Government buildings ; 8 annuity pay-rolls. The agent is required to re-enroll the Indians under his charge prior to each distribution of annuities. 9 Agents are directed to forward quarterly to the Indian Office estimates of the funds required to conduct the business of their agencies for the ensuing quarter ; 10 and to estimate annually for supplies needed during the fiscal year for office, farm, shop, and school work, for the repair and erection of buildings, and the subsistence supplies necessary for the Indians. 11 The salaries of agents range from $800 to $2,200, as follows : 12 One $800 Eleven 1,000 Two 1,100 Seven 1,200 One 1 , 300 One 1,400 Fifteen 1,500 Five 1,600 One 1,700 Seven 1,800 Eight '. 2,000 Three 2,200 Employes. Employe's except physicians and clerks are nominated an nually by the agent, subject to the approval of the Indian Office. 13 "Not more than $6,000 shall be paid in one year for salaries of employe's at any one agency in addition to that of the agent," teachers, and Indians. * * * "The Secre tary may by written order increase the amount, but not to exceed $10,000." 14 When two or more agencies are consolidated the expenditures shall not exceed $15,000. 15 Employe's will in all cases be expected to perform without additional compensation not only the duties for which they are engaged, but also such other duties as the in- 1 Regulations of the Indian Department, 1884, sees. 268, 269. 2 Ibid., sec. 508. 3 United States Statutes at Large, Vol. XXIII, p. 98, sec. 9. *Ibid., Vol. XXIII, p. 91. 5 Regulations of the Indian Department, 1884, sec. 210. 6 Ibid., sec. 212. 7 Tables, Indian Commissioner's Report, annually. 8 Regulations of the Indian Department, 1884, sec. 393. *Ibid., sees. 150-151. 10 I6iU, sec. 417. "Ibid., sec. 2. ^Appro priation act of March 3, 1885. 13 Regulations of the Indiau Department, 1884, sec. 220. "United States Statutes at Large, Vol. XVIII, pp. 449-450. ^Ibid,, Vol. XXII, p. 328; also Regulations of the Indian Department, 1884, sec. 21C. 116 INDIAN EDUCATION AND CIVILIZATION. terests and exigencies of the service may in the judgment of the agent require. In no case can two salaries be paid to any employe". 1 No relative or bondsman of any Indian agent shall bo appointed to any position at any Indian agency without the authority of the Secretary of the Interior, except it be the wife, daughter, or sister of the agent, either of whom, if competent, may be appointed to fill the position of school-teacher, but in no event shall more than one of the above be employed in that capacity. 3 The expenses of white employe's must be reduced as soon as practicable to the lowest degree. To this end agents are instructed to supply each mechanic employed with one or more Indian apprentices, at not less that $60 nor more than $120 per annum for the first year, and, whenever it is possible to do so, to fill the positions authorized at an agency with Indians. 3 Neither the agent, interpreter, nor any person whose salary is established by law is entitled to rations, except Indian police. Agency employe's may be sold such quan tities of the subsistence stores purchased for the Indians at an agency as may be neces sary for the support of themselves and families, at the cost price, adding transportation. 4 The selection and appointment of agency physicians and clerks is reserved to the Indian Office. 5 Physicaus are required to report monthly to the Indian Office, giving the number, nature, and result of all cases treated. 6 The agents of the Indian Bureau are assisted by the following em ployes, 7 not including irregular or school employes : Employed. Num ber. Salaries. Lowest. Highest. 58 51 10 2 57 3 42 11 6 1 1 30 12 5 1 1 1 50 11 3 39 24 5 3 1 47 4 103 $200 700 200 720 150 600 300 180 120 900 900 350 120 60 600 900 900 240 120 60 60 120 240 600 COO 100 180 60 $1,200 1,200 1,000 900 000 900 1,000 720 120 900 900 900 300 120 600 900 900 1,200 400 120 200 900 600 900 600 600 COO 1,200 Clerks Farmers assistant .'.... Farmers district Carpenter and superintendent . Blacksmiths Blacksmiths' apprentices . Herder chief Herder assistant chief .... ...... ...... , . Laborers Watchmen Miscellaneous (millers butchers, teamsters, engineers, etc.) 1 United States Statutes at Large, Vol. V, pp. 349, 510, 525 ; also Regulations of the Indian Depart ment, 1884, sec. 241. * Ibid., sec. 262. 3 Ibid., sec. 260. -Ibid., sec. 258. 5 Ibid., ssc. 263. f 'lbid., sees. 518-524. ; Official Register, 1885. since the above table was compiled. 8 27 additional farmers have been added to the force INDIAN COURT, POLICE, AND INSPECTORS. > 117 A large portion of the employes are provided in accordance with treaty stipulations. As an aid toward civilization the following Indian forces are em ployed : Indian police. By act of Congress May 27, 1878, provision was made for organizing an Indian police, not exceeding 50 officers and 430 privates, 1 and in that year the Indian police was organized at thirty dif ferent agencies. 2 During the year 1884 the force consisted of 784 officers and privates, at forty-eight different agencies. 3 The duties of the police are to preserve order on the reservation, pro hibit illegal traffic in liquor, and arrest offenders; act as guards at ration issues and annuity payments ; take charge of and protect at all times Government property ; restore lost or stolen property to its rightful owners ; drive out timber thieves and other trespassers ; return truant pupils to school ; make arrests for disorderly conduct and other offenses. The pay, in addition to rations, is as follows : Officers, $10 per month; privates, $8 per month. 4 Court of Indian offenses. In 1882 the court of Indian offenses was instituted. It consists of three members (Indians), appointed by the Indian Office for a term of one year, subject to removal at any time at the discretion of the Commissioner of Indian Affairs. No polygamist shall be eligible to appointment. The court shall hold at least two regular sessions each month, and special sessions may be held when requested by three reputable mem bers of the tribe and approved by the agent. The offenses cognizable and punishable are: The "sun dance," the " scalp dance," the " war dance," and all other so-called feasts assimilating thereto ; plural mar riage hereafter contracted or entered into by any member of an Indian tribe under the supervision of a United States Indian agent; the usual practices of so-called "medicinemen;" stealing and willfully abusing property; the sale of women; the sale or use of liquor. 5 For the discharge of these duties the court receives no compensation. Where the Indians have been induced to undertake the task, the agent reports faithful service on the part of the Indians comprising the court of Indian offenses. 6 Inspectors. The office of inspector was established by act of Congress February 14, 1873. The act provided for the appointment of five in- spectors, to be appointed by the President, by and with the consent ot the Senate, at a salary each of $3,000 per annum and his necessary travelling expenses. His duties are thus defined : A statement of each inspector's expenses shall accompany the annual report to the Secretary of the Interior. Each inspector shall hold his office for four years, unless sooner removed by the President. Each Indian agency shall be visited and exam- 1 United States Statutes at Large, Vol. XX, p. 86. 2 Report Commissioner Indian Affairs, 1878, p. xlii. 3 IbicL, 1884, p. xvi. "Regulations of the Indian Depart- ment, sees. 577, 578 ; and act of March 3, 1885. 5 Regulations of the Indian Depart ment, 1884, sees. 496-499, 6 Report Indian Commissioner, 1884, pp. ix-xi. 118 , INDIAN EDUCATION AND CIVILIZATION. ined. Such examination shall extend to a fall investigation of all matters pertain ing to the business of the superintendency or agency, including an examination of accounts, the manner of expending money, the number of Indians provided for, con tracts of all kinds connected with the business, tho condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the land set apart for that purpose, and, generally, all matters pertaining to the In dian service. For the purpose of making such investigations the inspector has power to examine all books, papers, and vouchers ; to administer oaths and to examine on oath all officers and persons employed at the agency, and such other persons as he may deem necessary and proper ; to suspend an agent or an employe*, and to designate some person in his place temporarily, subject to the approval of the President, making im mediate report of such suspension and designation ; and, upon the conclusion of each examination, a report shall be forwarded to the President without delay. The in spectors, in the discharge of their duties, jointly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate district duly to effectuate, to enforce the laws, and to prevent the violation of law in the administration of affairs in the several agen cies and superintendences. l United States special agents.-* The Indian appropriation bill of 1879 provided for special agents who are appointed by the Secretary of the Interior 2 at a salary each of $2,000 per annum. Five are at present employed. Their duties are somewhat similar to those of the inspectors, and they are required to take charge of agencies in cases of emer gency, being bonded sufficiently for this purpose. They report direct to the Indian Office. Special agents are also detailed by the Indian Bureau to make inves tigations in special matters pertaining to Indian affairs upon which in formation is desired, or to transact special business. The Board of Indian Commissioners. The Board of Indian Commis sioners was organized under the fourth section of the act of Congress, approved April 10, 1869, entitled "An act making appropriations for the current and contingent expenses of the Indian Department." This act authorizes the President " to organize a Board of Commis sioners, to consist of not more than ten persons, to be selected by him from men eminent for their intelligence and philanthropy, to serve without pecuniary compensation, who may, under his direction, exercise joint control with the Secretary of the Interior over the disbursement of the appropriations made by this act or any part thereof that the President may designate." Upon the appointment of the Commission, in accordance with this act of Congress, the President issued the following regulations u to con trol the action of said Commission and of the Bureau of Indian Affairs in matters coming under their joint supervision : " (1) The Commission will make its own organization and employ its own clerical as sistants, keeping its " necessary expenses of transportation, subsistence, and clerk- hire, when actually engaged in said service," within the amount appropriated there for by Congress. i United States Statutes at Large, Vol. XVII, p. 463. 2 United States Statutes at Large, Vol. XII, p, 792. BOARD OF INDIAN COMMISSIONERS. 119 (2) The Commission shall be furnished with full opportunity to inspect the records of the Indian Office and to obtain full information as to the conduct of all parts of the affairs thereof. (3) They shall have full power to inspect in person or by subcommittee the various Indian superintendences and agencies iii the Indian country, to be present at pay ment of annuities, at consultations or councils with the Indians, and, when on the ground, to adviso superintendents and agents in the performance of their duties. (4) They are authorized to be present, in person or by subcommittee, at purchase of goods for Indian purposes and inspect said purchases, advising with the Commis sioner of Indian Affairs in regard thereto. (5) Whenever they shall find it necessary or advisable that instructions of superin tendents or agents be changed or modified, they will communicate such advice, through the office of the Commissioner of Indian Affairs, to the Secretary of the In terior, and in like manner their advice as to changes in modes of purchasing goods or conducting the affairs of the Indian Bureau proper. ******* (6) The Commission will at their board meetings determine upon their recommen dations to be made as to the plans of civilizing or dealing with the Indians, and sub mit the same for action in the manner above indicated. *****#* (7) The usual modes of accounting with the Treasury cannot be changed, and all the expenditures, therefore, must be subject to the approvals now required by law. ******* (8) All the officers of the Government connected with the Indian service are en joined to afford every facility and opportunity to said Commission and their subcom mittees in the performance of their duties, and to give the most respectful heed to their advice "within the limits of such officers' positive instructions from their superiors; to allow such Commissioners full access to their records and accounts ; and to co-op erate with them in the most earnest manner, to the extent of their proper powers, in the general work of civilizing the Indians, protecting them in their legal rights, and stimulating them to become industrious citizens in permanent homes instead of fol lowing a roving and savage life. (9) The Commission will keep such records and minutes of their proceedings as may be necessary to afford evidence of their action. * * * * * * * The Commissiouers appointed adopted the following minutes as ex pressing their views of their prerogatives and duties : The Commission, under the authority of the President, considers itself clothed with full power to examine all matters appertaining to the conduct of Indian affairs, and, in the language of its original letter of appointment, to act both as a consulting board of advisers, and through their subcommittees as inspectors of the agencies, etc., in the Indian country. And in their first report they further say : The board have entire confidence in the design of the administration to carry out the system of reform in the management of Indian affairs upon which it has entered. Nor do we deem it expedient that the Commission should be charged with the expend iture of any portion of the Indian appropriations or any responsibility connected therewith, further than is involved in their general advising powers. Thus the Board of Indian Commissioners, though at first appointed for a specified purpose "to enable the President to execute the powers conferred" by a single act, the commission has been continued from year to year by subsequent acts of Congress " with the powers and duties heretofore provided by lawj" and in 1871 Congress enacted that 120 INDIAN EDUCATION AND CIVILIZATION. all accounts and vouchers for goods or supplies of any sort famished to the Indians, and for transportation, buildings, and machinery should be submitted to the executive committee of the board for examination., re visal, and approval. The examination of accounts rendered necessary an office in Wash ington, and the employment of an assistant secretary and one or more clerks. Every expenditure of money for the Indian service, either un der contract or by purchase in open market, has been revised by the executive committee, requiring an examination of several thousand vouchers each year, involving the disbursement and transfer of five or six millions of dollars. 1 The purchasing committee has devoted much time to the supervision of contracts in consultation with the Commissioner of Indian Affairs, and to the inspection of goods and supplies of every kind purchased in New York, Baltimore, Philadelphia, Chicago, St. Paul, St. Louis, and other cities. Copies of all contracts are kept on file in the Washington office for the purpose of verifying the accounts when received for examination, and a record is kept of all vouchers, with the name of claimants, the amounts and dates in detail, and of the action thereon, as well as of all corre spondence relating to Indian affairs. Subcommittees are appointed from time to time to visit the agencies, to hold councils with Indians, and to advise them respecting their inter ests, rights, and duties. Correspondence is held with religious bodies and an annual confer ence with their secretaries and representatives in relation to the mis sionary and educational work carried on by them. The Board of Indian Commissioners was constituted June 7, 1869, the President appointing the following-named gentlemen: Hon. William Welsh, Philadelphia, Pa. Hon. George H. Stuart, Philadelphia, Pa. Hon. John V. Earwell, Chicago, 111. Hon. Eobert Campbell, St. Louis, Mo. Hon. William E. Dodge, New York, N. Y. Hon. Nathan Bishop, New York, N. Y. Hon. E. S. Tobey, Boston, Mass. Hon. Felix K. Brunot, Pittsburg, Pa. Hon. Henry S. Lane, , Ind. Mr. Welsh was elected chairman and Mr. Brunot secretary of the board. In June, 1869, Mr. Welsh resigned, and in November Mr. Brunot was elected chairman and Mr. Farwell secretary. A number of changes have taken place in the board since it was first constituted, as will appear by the following list showing the names of J The board was relieved of this duty of revising accounts by the act of May 17 MEMBERS OF BOARD. 121 gentlemen appointed from time to time to fill vacancies caused by res ignation or death : Name. State. Date of appoint ment. Hon Vincent Colyer .... June 23 18G9 Hon John D. Liano" Maine January 31 1870 Hon. Nelson J. Turney Ohio November 14 1871 Hon. Thomas C. Jones .. do January 27 1874 Hon. Francis H. Smith . District of Columbia January 27 1874 Hon. B. Rush Roberts Maryland June 3 1874 Hon Clinton B Fisk July 3 1874 Hon H H Sibley July 3 1874 Hon Ezra .A Hayt 'New York 1 Hon Charles G Hammond Illinois September 22 1874 Hon "William Stickney District of Columbia November 17 1874 Hon Ezra M Kin"sley ...... New York February 9 1875 Hoii A C. Barstow . . . . Rhode Island . March 30 1875. Hon. D. H. Jorome . ... .. ... Michigan January 11, 1876. Hon. William Bin ""ham Ohio February 25, 1876. Hon. William H. Lyon New York January 12, 1877. Hon. Edward N. Stebbins Now Jersey January 17, 1877 Hon. Charles Tattle New York May 16, 1878. Hon. George Stoneman Hon. Albert K. Smiley California New York December 6, 1879. December 9, 1879. do July 12 1880 April 26 1881 April 26 1881. Hon William T Johnson Illinois April 27 1881. Hon E Whittlesey District of Columbia January 8 1882. Hon. C. R A^new New York June 27 1884. Hon. Merrill E Gates New Jersey June 27, 1884. Hon. John Charlton New York January 28 1885. Hon. William H. Morgan Tennessee , 1886. Hon. James Lidgerwood New York 1886. Hon. William H. Waldby Michigan . . ,1886. MEMBERS OF THE BOARD OF INDIAN COMMISSIONERS, WITH THIER POST-OFFICE ADDRESSES. The Board now consists of the following gentlemen : Clinton B. Fisk, chairman, 15 Broad street, New York City. E. Whittlesey, secretary, Washington, D. C. Albert K. Smiley, Mohonk Lake, N. Y. William McMichael, 265 Broadway, New York City. Merrill E. Gates, New Brunswick, N. J. John H. Chariton, Nyack, N. Y. William H. Morgan, Nashville, Tenu. James Lidgerwood, 835 Broadway, New York City, William H. Waldby, Adrian, Mich. William D. Walker, Fargo, Dak. For their services the members of the Board, with the exception of the secretary, receive no compensation. 122 INDIAN EDUCATION AND CIVILIZATION. The expenditures on account of the Board have been as follows : For the fiscal year ending June 30 1870 1871 1872 $9,700.00 1873 12,238.29 1874 7,362.14 1875 12,618.70 1876 1 12,381.11 1877 13,631.93 1878 1879 14,545.11 1880 13,265.98 1881 8,075.35 1882 3,900.00 1883 4,160.90 1884 2,000.00 The clerical force consisted of one secretary, one assistant secretary, one copyist, and one messenger previous to July, 1882. Since that date of only one secretary. CHAPTER V. GENERAL EEYIEW OF INDIAN EESEEVATIONS. Reservations are established in two ways, by treaty and by the order of the President. Reservations established by treaty are frequently tracts reserved by the Indians in or near the lands ceded to the United States. In the early years of the Government the treaties often defined a boundary line between the Indian country and that of the United States. This at first extended from the Lakes on the north to Florida on the south ; beyond this line the United States claimed no control over its citizens who ventured to pass it. Gradually trading and military posts were established and the land about them secured from the Indians ; then roadways between these stations were obtained, until finally the Indians were hedged in by their cessions and were living upon defined tracts. The continued pressure of immigration and the consequent de mand for land resulted in the Indians exchanging their more eastern tracts for reservations set apart by the United States in territory ac quired by conquest, or to which the Indian title had been extinguished. The plan of removing the Indians in a body west of the Mississippi was set forth by Presideu t Monroe in his message to the Senate on January 27, 1825. During the debates which preceded the inauguration of this policy it was declared to be u the boldest experiment upon human life and human happiness that is to be found in the history of the world." The records of the past sixty years have shown it to have been as costly to national honor and treasure as to the life and happiness of its victims. The following act served not only to clear the Eastern and Middle States of the Indians residing therein, but to set aside the tract now known as the Indian Territory : AN ACT to provide for an exchange of lands with Indians residing in any of the States or Territories, and for their removal west of the Mississippi. Sec. 1. The President is authorized to divide into districts any unorganized terri* tory west of the Mississippi to which the Indian title has been extinguished for the reception of such tribes as may choose to exchange the lands where they now reside and remove thereto. Said districts to be described by natural or artificial marks. (Sec. 2.) The President may negotiate with any tribes residing within any of the States or Territories having treaties with the United States for the whole or any por. tion of their territory claimed and occupied by them within the limits of any State or Territory where the land so claimed is owned by the United States or the United 123 124 INDIAN EDUCATION AND CIVILIZATION. States is bound to the State within which it lies to extinguish the Indian claim thereto. (Sec. 3.) To tribes exchanging their lands the United States will forever guaranty to them and their heirs or successors the country so exchanged, or may cause a pat ent to be executed to them, such lauds to revert to the United States if the Indians become extinct or abandon the same. (Sec. 4.) Any improvements made upon ex changed lands to be appraised and value paid to persons claiming such improve ments. Upon such payment, possession not to be again permitted to any of the same tribe. (Sec. 5.) Assistance to be furnished Indians removing, and support and sub sistence first year after removal. (Sec. 6.) Indians to be protected at their new res idence against Indians and other persons. (Sec. 7.) Superintendents of Indians to continue as heretofore, and no violation of existing treaties authorized by this act. (Sec. 8). The sum of $500,000 appropriated to carry- out the act. Approved May 28, 1830. l The President has been authorized from time to time to enter into negotiations with Indians living within a particular State or Territory to secure their removal elsewhere. These acts have sometimes resulted from memorials from the State legislature, as that presented from Min nesota. (See House Miscellaneous Document No. 68, Thirty-sixth Con gress, first session.) The removal of the Sioux of the Mississippi, those who were friendly as well as those who had taken part in hostilities, was authorized by the act of March 3, 1863. 2 By the same act the President was also authorized to extinguish the Indian title to lands in Kansas. 3 In this manner the present location of Indian tribes formerly living in different parts of our country has come about; not by voluntary emi grations, but by force, either military or civil. Reservations held by treaty, act of Congress, patent, or acknowl edged Spanish grants can not be alienated by the Indians except with the consent of Congress. At the present day the following one hundred and eight reservations are held by the above tenure : RESERVATIONS ESTABLISHED BY TREATIES OR ACT OF CONGRESS. Arizona Territory. Colorado Eiver and Gila River. California. Hoopa Valley and Roun^ Valley. Co lor ado . Ute. Dakota Territory. Devil's Lake, Lake Traverse, Ponca, Sioux, and Yank ton. Idaho Territory. Fort Hall and Lapwai. Indian Territory. Cherokee, Chickasaw, Choctaw, Creek, Kansas, Kiowa and Comanche, Modoc, Oakland, Osage, Otoe, Ottawa, Pawnee, Peoria, Ponca, Pottawatomie, Quapaw, Sac and Fox, Seminole, Seneca, Shawnee, Wichita, and Wyandotte. Iowa. Sac and Fox. Kansas. Chippewa and Munsee, Kickapoo, and Pottawatomie. Michigan. L'Anse and Ontonagon. 1 United States Statutes at Large, Vol. IV, p. 411. 2 Ibid., Vol. XII, p. 784. *Ibid, p. 793. RESERVATIONS. 125 Minnesota. Boise Fort, Fond Dti Lac, Grand Portage, Leech Lake, Mille Lac, Eed Lake, White Earth, and Wiuncbagoshish. Montana Territory. Blackfeet, Crow, and Jocko. Nebraska. Iowa, Niobrara, Omaha, Sac and Fox, and Winnebago. New Mexico. Navajo, and Pueblos (19 grants). New York. Allegany, Cattaraugus, Oil Spring, Oneida, Onondaga, Saint Eegis, Tonawanda, and Tuscarora. North Carolina. Qualla Boundary and other lands. Oregon. Grand Eonde, Klamath, Umatilla, and Warm Springs. Washington Territory. Luinmi, Makah, Nisqually, Port Madison, Puyallup, Quinaielt, S'Kokomish, Snohomish or Tulalip, Squaxim Isl and (Klah-che-miii), Swinomish (Perry's Island), and Yakama. Wisconsin. Lac Court Oreilles, Lac de Flambeau, La Pointe (Bad Eiver), Eed Cliff, Menomonee, Oneida, and Stockbridge. Wyoming Territory. Wind Eiver. Eeservations are set apart by order of the President at the request of the Indian Department. l The authority for the President thus assigning portions of the public domain for Indian purposes is thus summed up by the Attorney-Gen eral in a communication to the Secretary of the Interior, under date of January 17, 1882 : * The question may be thus stated : Has the President authority to make reservations for the occupation of Indians from the public lands * * * ? The Constitution has not conferred this power upon the President. * * * From an early period, however, it has been the practice of the President to order from time to time, as the exigencies of the public service required, parcels of land belong ing to the United States to be reserved from sale and set apart for public uses. (Grisar r. McDonnell, 6 Wallace, 363; see page 381.) This practice doubtless has sprung from the authority given by Congress to the President, early in the history of this Government, to appropriate lands for purposes more or less general ; as in the act of May 3, 1798 (United States Statutes at Large, Vol. I, p. 554) ; so by the act of April, 1806 (United States Statutes at Large, Vol. II, p. 402), * * * and by act of June 14, 1809 (United States Statutes at Large, Vol. I, p. 547). * * * These instances are taken from the opinion of the court in Wilcox v. Jackson, 13 Peters, 498. Moreover, the authority of the President in this regard has been recognized in several acts of Congress ; as in the fourth section of the pre-emption act of May 29 1830 (United States Statutes at Large, Vol. IV, p. 421), * * * lands included in any reservation by treaty, law, or proclamation of the President are exempted from entry under the act. (\Vftcox v. Jackson, 13 Peters, p. 512-513.) See also 15 Peters, 430, where an order of the President is spoken of as a valid reservation. It appears from these authorities that not only has the President the power to make reservations of public lands for public uses, but if the reservations are made by the heads of Departments it will be presumed that the President has acted through them. * * * By the acts of July 9, 1832 (United States Statutes at Large, p. 564), and 30th of June, 1834 (United States Statutes at Large, Vol. IV, p. 738), 'a bureau of In dian affairs was established, and extensive powers were given to the President in the control and management of the Indian, and our statute-book abounds with legisla tion concerning the Indians and Indian tribes. The regulation of the relations of 1 The Public Domain, 1883, p. 243. 126 INDIAN EDUCATION AND CIVILIZATION. the Government with these tribes is a great public interest, and their settlement upon reservations has been considered a matter of great importance. Indeed, it has been the settled policy of the Government for many years. A reservation from the public lands therefore for Indian occupation may well be regarded as a measure in thejmblic interest and it is for public use. * * * In the case of the United States against John Leathers, tried and decided by Hillyer, district judge of the district of Nevada, an order of reservation, made Marclx23, 1874, of lands in the State of Nevada for Indian occupation was passed upon. * * This> case was thoroughly and vigorously contested, but the argument de rived from the jurisdiction and sovereignty of the State is not noticed in the decision of the judge. It makes no figure in the case. He does decide that the reservation was legally and rightfully made by the President, and this after a thorough exami nation of the authorities. Reservations created by executive order cr^n be restored to the pub lic domain by the same authority without an act of Congress. 1 The earliest issue of an executive order for an existing reservation was that of May 14, 1855, setting apart the Isabella Reservation, in Michigan. 2 Sixty-one reservations exist by executive order at the present time, as follows : RESERVATIONS ESTABLISHED BY EXECUTIVE ORDER. Arizona Territory. Gila Bend, Hualpai, Moqui. Papago, Salt River, Suppai, and White Mountain. California. Klainath River, Mission (21 reserves), Tule River, and Yuma. Dakota Territory. Crow Creek, Old Winnebago, Fort Berthold, and Turtle Mountain. Idaho Territory. Cceur d'Alene and Leinhi. Indian Territory. Cheyenne and Arrapaho, Iowa, and Kickapoo. Michigan. Isabella. Minnesota. Deer Creek and Yermillion Lake. Montana. Northern Cheyenne. Nebraska. Sioux (addition). Nevada. Duck Valley, Moapa River, Pyramid Lake, and Walker River. New Mexico Territory. Mescalero, Apache, and Zuni. Oregon. Malbeur and Siletz. Utah Territory. Uintah Valley and Uucompahgre. Washington Territory. Chehalis, Columbia, Colville, Muckleshoot, Shoalwater, and Spokane. 3 REGULATIONS PERTAINING TO INDIAN RESERVATIONS. An act to prevent settlements leing made on lands ceded to the United States until authorized by laiv, March 3, 1807. (Sec. 1.) Lands of the United States, by whatsoever title acquired, not to be occu pied, possessed, or settled but with the consent of the United States. Titles of intruders forfeited. 1 Public Domain, 1883, p. 243. 2 Report of Indian Commissioner, 1882, p. "272. 1884, pp, 256-265.' INDIANS 7 RIGHT OF OCCUPANCY. 127 President authorized to have them removed. The manner of doing this. Forfeitures to inure to the benefit of the United States : " Provided, That nothing herein contained shall he construed to affect the right, title, or claim of any person to lands in the Territories of Orleans or Louisiana before the boards of commissioners established by the act entitled 'An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the district of Louisiana' shall have made their reports and the decision of Congress been had thereon." (Act of March 2, 1805, chapter 26.) (Sec. 2.) Actual settlers may hold under the United States as tenants at will, under bargains with the officers of the land offices. Conditions prescribed : ''Provided, however, That such permission shall not be granted to any such applicant, unless he shall previously sign a declaration stating that he does not lay any claim to such tract or tracts of land, and that he does not occupy the same by virtue of any claim or pretended claim derived, or pretended to be de rived, from any other person or persons : And provided also, That in all cases where the tract of land applied for includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States, who is hereby authorized to cause such mines or springs to be leased for a term not exceeding three years, and on such conditions as he shall think proper." (Sec. 3.) Applications to be entered on books. (Sec. 4.) Marshals, etc., authorized, under instructions from the President, to re move intruders. Penalties for keeping possession after notice to give it up : "Provided always, and it is further enacted, That nothing in this section contained shall be construed to apply to any persons claiming lands in the Territories of Orleans or Louisiana whose claim shall have been filed with the proper commissioners before the first day of January next." ! The following rules are quoted from the " Begulations of the Indian Department," published in 1884 : (Sec. 525). The right of the Indians to the reservations ordinarily occupied by them is that of occupancy alone. * * * They have the right to apply to their own use and benefit the entire products of the reservation, whether the result of their own labor or of natural growth, so they do not commit waste. If the lands in a state of nature are not in a condition for profitable use, they may be made so ; if desired for the purpose of agriculture, they may be cleared of their timber to such an extent as may be reasonable under the circumstances, and the surplus timber takea off by the Indians in such clearing, and not required for use on the premises, may be sold by them. The Indians may also cut dead and fallen timber and sell the surplus not needed for their own use ; they may cut growing timber for fuel and for use upon the reservation ; they may open mines and quarry stone for the purpose of obtaining fuel and building material ; they may cut hay for the use of the live-stock, and may sell any surplus not needed for that purpose. They may not, however, cut growing timber, open mines, quarry stone, etc., to obtain lumber, coal, building ma terial, etc., solely for the purpose of sale oj speculation. In short, what a tenant for life may do upon the lands of a remainderman the Indians may do upon their reser vations, but no more. (Sec. 262. Instructions, 1880; United States v. Cook, 19 Wallace, 591 ; acts of March 22, 1882, March 31, 1882 ; Secretary of Interior, May 19, 1882; 9636, 1882, Indian Office.) (526). Agents must be the judges of the necessity of clearing land for the purpose of improvements. * * * (Sec. 262, Instructions 1880.) (527). Money derived from the sale of timber, hay, etc., must be taken up and accounted for as directed under the head of miscellaneous receipts. ''Sec. 262, In structions 1880.) 1 United States Statutes at Large, Vol. II, chap. 46, pp. 445-446. 128 INDIAN EDUCATION AND CIVILIZATION. (532). Indians have no right to grant, lease, or otherwise convey the lands occu pied by them for any purpose whatever, unless such conveyance be made in accord ance with treaty or Avith law. (Sec. 2116, Revised Statutes.) That for the purpose of inducing Indians to labor and become self-supporting, it is provided that hereafter, in distributing the supplies and annuities to the Indians for whom the same are appropriated, the agent distributing the same shall require all able-bodied male Indians between the ages of eighteen and forty-five to perform service upon the reservation, for the benefit of themselves or of the tribe, at a reason able rate, to be fixed by the agent in charge, and to an amount equal in value to the supplies to be delivered ; and the allowances provided for such Indians shall be dis tributed to them only upon condition of the performance of such labor, under such rules and regulations as the agent may prescribe : Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or portion of tribe, from the operation of this provision where he deems it proper and expedient. (United States Statutes at Large, Vol. XVIII, pp. 176,449.) (540). Agents are instructed to take such measures, not inconsistent with law, as may be necessary to protect those Indians who have adopted the habits of civilized life, and received their lands in severalty by allotment, in the quiet enjoyment of the lands allotted to them. (Sec. 2119, Revised Statutes.) (541). If any person of Indian blood, belonging to a band or tribe which receives or is entitled to receive annuities, and who has not adopted the habits of civilized life and received lands in severalty by allotment, commits a trespass upon the lands of any Indian who has so received his lands by allotment, the agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so as certained shall be withheld from the payment next thereafter to be made either to the band or tribe to which the party committing the trespass belongs, as in the dis cretion of the agent he shall deem proper ; and the sum so withheld shall, if the Sec retary of the Interior approve, be paid over to the party injured. (Sec. 2120, Re vised Statutes.) (542). Whenever such trespasser as is mentioned in the preceding section is the chief or head-man of a band or tribe, the agent shall also suspend the trespasser from his office for three months, and shall, during that time deprive him of all the benefits and emoluments connected therewith. The chief or head-man may, however, be sooner restored to his former position if the agent so directs. (Sec. 2121, Revised Statutes. ) (569). Indians must be permitted to sell their crops or other articles produced by them at the nearest market town, proper precautions being taken to guard them against fraud or obtainiug intoxicating liquors. (Sec. 246, Instructions 1880, Circu lar 68, Indian Office.) (528). The military, when stationed at a post within an Indian reservation, have a right to cut and use timber and hay to an amount sufficient for their necessities, without liability to make payment therefor to the Indians, or to any person in their behalf. No person except Indians, officers of the Indian service, and the military are authorized to cut timber or hay upon Indian reservations, and the rights of said ex- cepted classes are carefully limited and restricted as stated above. (Sees. 263, 264, Instructions 1880.) (530). Where provision is made by treaty for the establishment of cattle-trails across Indian reservations, and such trails have been established with the consent of the Indians and the approval of the Department, cattle-men will be permitted to cross such reservation, care being taken by the agent that the established route is not deviated from, and that unnecessary time is not consumed upon the reservation. (Sec. 270, Instructions 1880. ) (531). Subject to the preceding section, no white person or persons will be permit ted to drive stock across Indian reservations or Indian country without first having obtained the consent of the Indians and the approval of the Indian Office. Persons LAND TENURE. 129 violating this section, and section 529 (2117 Revised Statutes), are liable to a penalty of one dollar for each animal driven upon the reservation. (Sec. 271, Instructions 1880; sec. 2117 Revised Statutes.) (533). Settlement on any lands secured to the Indians by treaty, surveying or at tempting to survey, or in any manner to designate the boundaries of such lands, is expressly forbidden by law under a penalty of one thousand dollars. (Sec. 272, In structions 1880; aec.2118, Revised Statutes.) (534). Foreigners are forbidden to go into the Indian country without a passport from the Department of the Interior, agent, or commanding officer of the nearest military post, or to remain therein after the expiration of such passport, under a pen alty of one thousand dollars. Such passport must show the object of the visit, the time allowed to remain, and route of travel. (Sec. 2134, Revised Statutes.) (535). Hunting on Indian lands by others than Indians, except for subsistence in the Indian country, is prohibited. Any violation of this section will render the of fender liable to a forfeiture of all his guns, traps, ammunition, etc., and to a further penalty of five hundred dollars. (Sec. 2137, Revised Statutes.) (537). Indian agents have authority to remove from the Indian country all persons found therein contrary to law, and the military may be used for the purpose under direction of the President. Any person who, having been removed, returns there after to the Indian country is liable to a penalty of one thousand dollars. (Sees. 2147, 2148, Revised Statutes.) (538). The Commissioner of Indian Affairs is authorized and required, with the ap proval of the Secretary of the Interior, to remove from any tribal reservation any person thereon unlawfully, or whose presence on the reservation may, in the judg ment of the Commissioner, be detrimental to the peace and welfare of the Indians, and may employ such force as may be necessary for the purpose. (Sec. 2149, Revised Statutes.) Indian land tenure. In the proclamation of George III, dated Oc tober 7, 1763, 1 four principles of government in Indian affairs, in force to the present day, are laid. down : (1) The recognition of the Indian's right of occupancy : * * * And whereas it is just and reasonable, and essential to our interest, and the security of our Colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories, as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds. (2) The right to expell white intruders on Indian lands: * * * All the lands and territories not included within the limits of our said three new Governments or within the limits of the territory granted to the Hudson's Bay Company ; as also all the lauds and territories lying to the westward of the sources of the rivers which fall into the sea from the West and Northwest as aforesaid; and we do hereby strictly for bid * * * all * * * subjects from making * * * settlements * * * or taking possession of any of the lands above reserved. * * * And we do further strictly enjoin and require all persons whatever, who have wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands, which not having been ceded to, or purchased by us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such settlements. (3) The right to purchase Indian lands is vested solely in the government: * * * We do, with the advice of our Privy Council, strictly enjoin and require that no pri vate person do presume to make any purchase from the said Indians of any lands re served to the said Indians * * * if at any time any of the said Indians should be inclined to dispose of the said lauds, the same shall be purchased only for us, in our name. 1 American Archives, 4th series, Vol. 1, col. 174. S. Ex. 95 9 130 INDIAN EDUCATION AND CIVILIZATION. (4) The right to regulate trade and license traders: * * * Every person who may incline to trade with the said Indians, do take out a license for carrying on such trade, from the Governor or Coininander-in-chief of any of our colonies respectively * * * and also give security to observe such regulations as we shall at any time think fit * * * to direct and appoint for the benefit of the said trade. 1 Section 4 of the ninth article, of the Articles of Confederation of July 9, 1778, states : The United States in Congress assembled, shall also have the sole and exclusive right and power of * * * regulating the trade and managing all affairs with the Indians, not members of any of the States; provided that the legislative right of any State, within its own limits, be not infringed or violated. 2 In 1783 Pennsylvania having need to negotiate with certain Indians living west of the Ohio Eiver, yet claiming territory within the State lines, the General Assembly, September 12, 1783, referred the matter of treating with these Indians to Congress, u being deeply impressed with the delicacy of touching the subject of Federal relations." 3 On September 22, 1783, Congress issued a proclamation forbidding private purchase or gift of lands from Indians, or settlements to be made upon unceded Indian territory. The Constitution states in section 3 of Article IV : "Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." 4 The right of eminent domain is recognized by the Supreme Court as vested in the United States. Chief- Justice Marshall decides in the case of Johnson v. Mclntosh : On the discovery of this immense continent, the great nations of -Europe * * * were all in pursuit of nearly the same object, it was necessary, in order to avoid con flicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the Government by whose subjects, or by whose au thority, it was made, against all other European Governments, which title might be consummated by possession. In the establishment of these relations the rights of the original inhabitants were in no instance entirely disregarded, but were necessarily to a considerable extent impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion ; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. By the treaty which concluded the war of our Revolution Great Britain relinquished all claim, not only to the government, but to the ''proprietary and territorial rights of the United States," whose boundaries were fixed in the second article. By this treaty the powers of government, and the right to soil, which had previously been in Great Britain, passed definitely to these States. * * * It has never been doubted 1 See Chapter IV on Trading Regulations. 2 United States Statutes at Large, Vol. I, p. 7, Art. 9, sec. 4. 3 Journals of Congress, Vol. IV, pp., 273-274. 4 United States Statutes at Large, Vol. I, p. 19. LAND TENURE. 131 that either the United States, or the several States, had a clear title to all the lands within the boundary lines described in the treaty, subject only to the Indian right of occupancy, and that the exclusive power to extinguish that right was vested in that government which might constitutionally exercise it. * * * The United States, then, have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold and assert in themselves the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest, and gave also a right to such a degree of sovereignty as the circumstances of the people would allow them to ex ercise. The power now possessed by the Government of the United States to grant lands, resided, while we were colonies, in the Crown or its grantees. The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory in possession of the Indians. The existence of this power must negative the existence of any right which may contlict with or control it. An absolute title to lands can not exist at the same time in different persons or in different governments. An absolute must be an exclusive title, or at least a title which ex cludes all others not compatible with it. All our institutions recognize the absolute title of the Crown, subject only to the Indian right of occupancy, and recognize the absolute title of the Crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians. * * * However extravagant the pretension of converting the discovery of an inhabited country into conquest may appear, if the principle has been asserted in the first instance and afterward sustained , if a country has been acquired and held under it, if property of the great mass of the community originates in it, it becomes the law of the land, and can not be questioned. So, too, with respect to the concomitant principle that the Indian inhabitants are to be considered merely as occupants, to be protected, indeed, while in peace, in the pos session of their lands, but to be deemed incapable of transferring the absolute title to others. However this restriction may be opposed to natural right and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition o'f the two people, it may, perhaps, be supported by reason, and certainly can not be rejected by courts of jus tice. 1 One uniform rule seems to have prevailed in the British provinces in America by which Indian lands were held and sold from their first settlement, as appears by their laws; that friendly Indians were protected in the possession of the lands they occu pied, and were considered as owning them by a perpetual right of possession in the tribe or nation inhabiting them as their common property from generation to genera tion, not as the right of the individuals located on particular spots. Subject to this right of possession the ultimate fee was in the Crown and its grantees, which could be granted by the Crown or colonial legislatures, while the lands remained in possession of the Indians, though possession could not be taken without their con sent. (United States v. Clark, 9 Peters, 168.) The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still greater portion by the States of the Union after the Revolution, were made for lauds within the Indian hunting-grounds. North Caro lina and Virginia, to a great extent, paid their officers and soldiers of the Revolu tionary War by such grants, and extinguished the arrears due the Army by similar means. It was one of the great resources which sustained the war, not only by those States but by other States. The ultimate fee inctimbered with the right of Indian occupancy, was in the Crown previous to the Revolution and in the States of the Union afterwards, and subject to grant. This right of occupancy was protected by the po litical power and respected by the courts until extinguished, when the patentee took 1 b Wheatou, 543. 132 INDIAN EDUCATION AND CIVILIZATION. the unincumbered fee. So the Supreme Court and the State courts have uniformly held. (Clark v. Smith, 13 Peters, 195.) The treaties and laws of the United States contemplate the Indian Territory as com pletely separated from that of the States, and provide that all intercourse with them shall be carried on exclusively by the Government of the Union. (Worcester v. The State of Georgia, 6 Peters, 515.) The Constitution states: The President " shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators pres ent concur." Article II, section 2. (See United States Statutes at Large, Vol. I, p. 17.) The treaty-making power was not limited by its terms, as the authority to make a treaty with the Indian tribes was one which the treaty-making power derived from a source higherthan an act of Congress, to wit, the Constitution. * * * Thistreaty- making power could make a sale or grant of land without an act of Congress. It could lawfully provide that a patent should issue to convey lands which belong to the United States without the consent of Congress, and in such case the grantee would have a good title. (Holden v. Joy, 17 Wallace, 247 ; United States v. Brooks, 10 Howard, 442; Meigs v. McClung, 9 Cranch, 11.) Congress has no constitutional right to inter fere with rights under treaties, except in cases purely political. (Holden v. Joy, 17 Wallace, 247; Wilson v. Wall, 6 Wallace, 89; Insurance Company v. Carter, 1 Peters, 542; Doe v. Wilson, 23 Howard, 461; Mitchel v. United States, 9 Peters, 749; The Kansas Indians, 5 Wallace, 737 ; 2 Story on Constitution, section 1508 ; Foster v. Neil- son, 2 Peters, 254; Crews v. Burcham, 1 Black, 356; Worcester v. Georgia, 6 Peters, 562; Blair v. Pathkiller, 2 Yerger, 407 ; Harris v. Burnett, 4 Blackford, 369.) By their treaties tbe Indians on their part ceded to the United States, and opened for settlement and occupation by the whites, large tracts of laud in which they claimed and had bee*n allowed proprietary rights. The tracts of country to which this claim of the Indians has thus been recognized covers, speaking roughly, and excluding Alaska, all the ter ritory of the United States outside of the thirteen original States, and a considerable portion of the latter. The Indians generally agreed to set tle and remain upon reservations from which white intruders were to be rigidly excluded, and in all cases bound themselves to remain at peace with the whites, and to trade with persons appointed by the United States. On the part of the Government, in consideration of these cessions and agreements by the Indians, provisions for their benefit varying in charac ter, amount, and form were guaranteed. In some treaties this considera tion took the form of an annuity payment in specie, either for a term of years or perpetually ; in others, rations and clothing, besides agricult ural implements, facilities for education, instruction in agriculture and other arts of civilization. 1 The first of these treaties was negotiated with the Six Nations, August 25, 1775. 2 Ten others were made with as many different tribes prior to the Federal Constitution going into effect in 1789. The last Indian treaty was proclaimed August 27, 1870. The total number of treaties from 1775 to 1871 was six hundred and forty-five. 3 By act of March 3, 1885, it is provided by section 14 That the treaties made during the present Congress, with the Indian tribes, and those to be made in future, shall be published as the laws and other treaties in the 1 5 Dillon, 409. 2 American Archives. 4th series, Vol. Ill, column 1, 924. 3 Re port Indian Commissioners, 1881, pp. 316-324. PROPERTY RIGHTS TO BE RESPECTED. 133 newspapers of sncli States and Territories as the Secretary of the Interior may think expedient. (United States Statutes at Large, Vol. X, p. 071.) An act of Congress approved March 3, 1871, provides " that here after DO Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty." 1 Since that time agreements, substantially like treaties, have been made with different tribes, subject to the approval of both branches of Congress. In some instances where Indians, either because of their remote situa tion or for other reasons, have never entered into treaty relations with the United States, or where treaty provisions have expired by limita tion, aid and assistance are furnished by the Government. The act of July 13, 1787. entitled "An ordinance for the government of the territory of the United States northwest of the river Ohio," pro vides, in article 3 : The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent ; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from timo to time be made for preventing wrongs being done to them and for preserving peace ami friendship with them. 2 This ordinance was confirmed by act of August 7, 1789, only such governmental provisions being made " as to adapt the same to the pres ent Constitution." 3 The acts organizing the Territories of Indiana in 1SOO, 4 Michigan in 1S05, 5 Illinois in 1809. 6 each contained an article referring to the ordi nance of July 13, 1787, and its provision concerning the inhabitants of the territory northwest of the Ohio. When Mississippi, by ackof De cember 10, 18 L7, 7 and Alabama, by act of December 14, 18 19, 8 were ad mitted as States into the Union their constitutions and State govern ments were declared to be in conformity to the principles of the ordi nance of July 13, 1787. The act of April 20, 1836, establishing a territorial government for the Territory of Wisconsin, provides, in section 1 : That nothing in this act contained shall be construed to impair the rights of per son or property now appertaining to any Indians within the said Territory so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and stick Indians, or to impair or anywise to affect the authority of the Govern ment of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty or law or otherwise, which it would have been competent to the Government to make if this act had never been passed. 9 A similar provision was inserted in the act of June 12, 1838, estab lishing the Territory of Iowa, 10 and it was seemingly implied in section United States Statutes at Large, Vol. XVI, p. f>(>(>. -Ibid, Vol. I, p. 52, part 3. 3 Ibid., p. 50. 4 Ibid., Vol. II, p. 58. Ibid., p. 308. "Ibid., p. 514. 7 [bid.., Vol. Ill, p. 4?.^. 8 Ibid., p. 608. Ibid., Vol. V. p. 11. 10 Ibid., p. 235. 134 INDIAN EDUCATION AND CIVILIZATION. 12 l of the act of March 3, 1849, organizing the Territory of Minnesota.' The act of August 14, 1848, organizing the Territory of Oregon con tains the same provision, with the exception of the foregoing italicized lines. The same provision is inserted in the acts organizing the Terri tories of Kansas and Nebraska in 1854, 2 Colorado, 3 Dakota, 4 and Ne vada 5 in 1861, Idaho in J863, 6 Montana in 1864, 7 and Wyoming in 1868. 8 No such provision appears in the acts authorizing the Territories of Kentucky, Tennessee, Missouri, Arkansas, New Mexico, Utah, Arizona, and Washington. In the treaty of April 30, 1803, between the United States and France for the purchase of the tract west of the Mississippi known as Louisiana, article 6 provides: The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have, been agreed upon. 9 The Indians living within the present limits of Arizona, California, Nevada, Now Mexico, and Utah come under the provisions of the treaty of Guadalupe Hidalgo, concluded with the Eepublic of Mexico, Feb ruary 2, 1848, and that of the Gadsden purchase of June 30, 1854. The articles containing the provisions are as follows : Treaty of Guadalupe Hidalgo. (Art. 8.) Those who shall prefer to remain in the said Territories may either retain the title and rights of Mexican citizens, or aquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty;, and those who shall remain in the said Territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said Territories, property of every kind, now belonging to Mexicans not es tablished there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States. (Art. 9.) The Mexicans who, in the Territories aforesaid, shall not preserve the char acter of citizens of the Mexican Republic, conformably with what is stipulated in the preceding articles, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all rights of citizens of the United States, according to the prin ciples of the Constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction. (Art. 10.) [Stricken out.] (Art. 11.) Considering that a great part of the Territories, which by the present treaty are to be comprehended for the future within the limits of the United States, x is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such in cursions shall be forcibly restrained by the Government of the United States when- 1 United States Statutes at Large, Vol. IX, p. 407. "-Ibid., Vol. xTp^TT. 8 Jbid. Vol. XII, p. 172. 4 Ibid., p. 239. G find., p. 210. < Ibid., p. 808. 7 Hid., Vol.,- XIII, p. 86. Ibid., Vol. XV, p. 178. find., Vol. VIII, p. 202. PROVISIONS OF THE TREATY WITH MEXICO. 135 soever this may bo necessary ; and that when they can not be prevented they shall be punished by the said Government, and satisfaction for the same shall bo exacted all in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory against its own citizens. It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been- captured by Indians inhabiting the territory of either of the two Re publics ; 11 or to purchase or acquire horses, mules, cattle, or property of any kind stolen within Mexican territory by such Indians. And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the United States, the Government of the latter engages and binds itself, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures ; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives, who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, shall obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated. For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the Gov ernment of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, suoh laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government when providing for the removal of the Indians from any portion of the said Territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain. 1 Protocol. (1) The American Government by suppressing the ninth article of the treaty of Guadalupe Hidalgo and substituting the third 2 article of the treaty of Louisiana did not intend to diminish in any way what was agreed upon by the afore said article 9 in favor of the inhabitants of the Territories ceded by Mexico. Its understanding is that all of that agreement is contained in the third article of the treaty of Louisiana. In consequence, all the privileges and guarantees civil, politi cal, and religious which would have been possessed by the inhabitants of the ceded territories if the ninth article of the treaty had been retained, will be enjoyed by them, without any difference, under the article which has been substituted. (2) The American Government by suppressing the tenth article of the treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded Territories. These grants, notwithstanding the suppression of the arti cle of the treaty, preserve the legal value which they may possess, and the grantees may cause their legitimate [titles'] to be acknowledged before the American tribunals. 1 United States Statutes at Large, Vol. IX, pp. 929-932. -Art. 3. Treaty of cession between the United States and the French Republic, April 30, 1803. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immu nities of citizens of the United States; aud in the mean time they shall be main tained and protected in tho free enjoyment of their liberty, property, and the religion which they profess. (United States Statutes at Large, Vol. VIII, p. 202) 136 INDIAN EDUCATION AND CIVILIZATION. CoDformably to the law of the United States, legitimate titles to every description of property, personal and real, existing in the ceded Territories are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d of March, 1836. 1 Gadsden purchase. Treaty with Mexico, proclaimed June 30, 1854. (Art. 5.) All the provisions of the eighth and ninth, sixteenth, and seventeenth arti cles of the treaty of Guadalupe Hidalgo shall apply to the territory ceded by the Mexican Republic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastical, within the same, as fully and effectually as if the said articles were herein again recited and set forth. (Art. 6.) No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day 25th of September when the minister and subscriber to this treaty on the part of the United States proposed to the Govern ment of Mexico to terminate the question of boundary, will be considered valid or be recognized by the United States, or will any grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico. 2 A considerable part of the territory occupied by Indian reservations is unfit for cultivation without irrigation ; therefore the following legis lation, touching water rights and privileges, is given: An act changing the mode of surveying the public lands on any river, lake, bayou, or water course.* Sec. 2407. Whenever, in the opinion of the President, a departure from the ordi nary method of surveying land on any river, lake, bayou, or water-course would prc mote the public interest, he may direct the surveyor-general in whose district su( land is situated, and _ where the change is intended to be made, to cause the lands tin situated to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or water-course, and running back the depth of forty acres ; which tracts of lam so surveyed shall be offered for sale entire, instead of in half-quarter sections, and the usual manner and on the same terms in all respects as the other public lands the United States. 4 An act granting the right of way to ditch and canal owners over the public lands, ai for other purposes. Sec. 9. And be it further enacted, That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: Provided, however, That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 5 Laws permitting Indians to take up j;w&?ic lands. Under the act of August 4, 1854, entitled " An act to graduate and reduce the price of the public lands to actual settlers and cultivators," some Indians purchased land. (United States Statutes, Vol. X, p. 574.) By their treaty of July 31, 1855, the Chippewa Indians of Michigan were per- 'The Public Domain, 1883, p. 133. 2 United States Statutes at Large, Vol. X, p. 1035. 3 Ibid., Vol. IV, p. 34. < Revised Statutes of the United States, 2d edition, 1378, sec. 2407, p. 4-11. 6 United States Statutes at Large, Vol. XIV, p. 253. THE RIGHT TO A HOMESTEAD. 137 milted to receive their title. to land so purchased without " actual occupancy or resi dence," in order to sell and dispose of the same. (United States Statutes, Vol. II, p. 627.) By act of March 3, 1875, the Indians were permitted to homestead. The following is the law : That any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandon ment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the act entitled u An act to secure homesteads to actual settlers on the public domain, " approved May 20, 1862, and the acts amendatory thereof, exceptthat the provisions of the eighth section of the said act sliall not be held to apply to en tries made under this act : Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or iucumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of live years from the date of the patent issued therefor : Provided, That any such Indian shall be entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations ; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void. That in all cases in which Indians have heretofore entered public lands under the homestead law, and nave proceeded in accordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be al lowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior, under the fifteenth section of this act, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall be issued thereon; sub ject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and ineumbrance l Approved March 3, 1875. The act of July 4, 1884, provided that such Indians as may now be located on public lauds, or as may, under the direction of the Secretary of the Interior, or otherwise, hereafter BO locate, may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States '> and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, $1,000 or so much thereof as may be necessary is hereby appropriated ; but no fees or commissions shall be charged on account of said en tries or proofs. All patents therefor shall be of the legal effect, and declare that the United States does and will hold the land thus entered for the period of twenty- five years, in trust for the sole use and benefit of the Indian by whom such en try shall have been made, or, in case of his decease, of his widow and heirs accord ing to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said In dian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. 2 Indians cannot pre-empt public lands, and they cannot remove, disability by declar ing in the form of the statute their intention to become citizens. * * Citizenship is not requisite for the ordinary purchase of public laud. : It may be done by a foreign alien, and a fortiori by a mere denizen or do mestic alien, such as are the Indians/* By act of July 4, 1884, sec. 10. No part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the General Land Office, except as authorized by the treaty or agreement providing for the disposition of the land. (United States Statutes, Vol. XXIII, p. 98.) MJnited States Statutes, Vol. XVIII, p. 240, sees. 15, 16. - Indian appropriation act, July 4, 1884, Statutes 23, p. 9G! . :! Opinion of Attorney-General, Vol. VII, p. 753. 138 INDIAN EDUCATION AND CIVILIZATION. Manner of dissolving tribal relations. A circular to registers and receivers, issued by the General Land Office August 23, 1884, states : Upon any Indian applying to enter land under the above act, you will allow him to do so without payment of fee or commission, but you will require him to furnish a certificate from the agent of the tribe to which he belongs that he is an Indian of the age of twenty-one, or head of a family, and not the subject of any foreign country. The certificate of any other officer of the Indian Department, particularly where the Indian making application is not attached to any particular agency, will serve as well. In a previous circular letter to registers and receivers by the General Land Office, they are instructed u to peremptorily refuse all entries and fil ings attempted to be made by others than the Indians occupying lands in the possession oflndians who have made improvements of any value what soever thereon, and, further, when lands are unsurveyed" no apportion ment will be allowed within the region of Indian settlers until the surveys have been made and the land occupied by Indians ascertained and denned. Leasing of Indian lands. The Attorney General, on July 21, 1885, in reply to certain questions propounded by the Interior Department, touching the legality of the leases of Indian lands, rendered his opinion that under existing statutes of the United States (twelfth section of the trade and intercourse act of June 30, 1834, 4 Statutes at Large, p. 730, reproduced in section 211G of the Eevised Statutes) the several Indian nations or tribes, regardless of the character of the title by wriich they hold their lands, whether the same be a fee-simple or a right of occu pancy only, are precluded by the force and effect of the statute from either alienating or leasing any part of their several reservations, or im parting any interest or claim in or to the same, without the consent of the Government of the United States, and that a lease of land for graz ing purposes is as clearly within the statutes as a lease for any other or for general purposes, the duration of the term beiug immaterial. The Attorney-General further holds that in the absence of any treaty or statutory provisions to that effect, neither the President, Secretary of the Interior, nor any other officer of the Government has power to make, authorize, or approve any leases of lands held by Indian tribes; instancing the act of Congress of February 19, 1875 (18 Statutes at Large, p. 330), u authorizing the Seueca Nation of New York Indians to lease lauds within the Cattaraugus and Allegany Reservations, and to confirm existing leases," as significant that, in the views of Congress, Indian tribes can not lease their reservations without the authority of some law of the United States. 1 Land in severally. The following is the text in full of the act which permits certain Indians to possess their laud individually : AN ACT to provide for the allotment of lands in severally to Indians on the various res ervations, and to extend the protection of the laics of the United States and Territories over the Indians, and for other purposes. Beit enacted % the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any tribe or band of Indians has been, 1 Report of Commissioner of Indian Affairs 1885, pp. xviii, xix. LANDS IN SEVERALTY. 139 or shall hereafter be, located upou any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part thereof of such In dians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allot the lands in said reservation in severalty to any Indian located thereon in quantities as fol lows: To each head of a family, one-quarter of a section ; To each single person over eighteen years of age, one-eighth of a section ; To each orphan child under eighteen years of age, one-eighth of a section ; and To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the land embraced in any reservation, one-sixteenth of a section : Provided, That in case there is not suf ficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act : And provided further, That where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual In dian belonging thereon in quantity as specified in such -treaty or act : And provided further, That when the lands allotted are only valuable for grazing purposes, an ad ditional allotment of such grazing lands, in quantities as above provided, shall be made to each individual. Sec. 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improve ments of the Indians making the selection. Where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall other wise agree, a provisional line maybe run dividing said lauds between them, and the amount to which each is entitled shall be equalized in the assignment of the re mainder of the land to which they are entitled under this act: Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or baud, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selec tions are made by the Indians, and patents shall issue in like manner. Sec. 3. That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respect ive reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, One copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Laud Office. Sec. 4. That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land- office for the district in which the lands are located, to have the same allotted to him or her, and .to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations ; and when such settlement is made upon unsur veyed lands, the grant to such Indians shall be adjusted upon the survey of the lands 140 INDIAN EDUCATION AND CIVILIZATION. to as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the offi cers of such local land-office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. Sec. 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the SI ate or Ter ritory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever : Provided, That the President of the United States may in any casein his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State or Terri- sory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided ; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as prac ticable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and con ditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Con gress, and the form and manner of executing such release shall also be prescribed by Congress: Provided, however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education : And provided further, That no patents shall issue therofor except to the person so taking the same as and for a homestead, or his heirs, and after the expira tion of five years occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall bo null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians to whom such reservations belonged, and the same, with interest thereon at three per cent, per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Laud Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupying any of the public lauds to which this act is applicable, for religious or educational work CITIZENSHIP. 141 among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hun dred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereafter in the employment of Indian police, or any other employe's in the pub lic service among any of the Indian tribes or bauds affected by this act, and where In dians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred. Sec. 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdic tion the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the pro visions of this act, or under any law or treaty, and every Indian born within the ter ritorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. Sec. 7. That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regula tions as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations ; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor. Sec. 8. That the provision of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by Executive order. Sec. 9. That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act. Sec. 10. That nothing in this act contained shall beso construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the pub lic use, or to condemn such lands to public uses, upon making just compensation. Sec. 11. That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in southwestern Colorado to a new reservation by and with the consent of a majority of the adult male members of said tribe. Approved, February 8, 1887, LEGAL STATUS OF INDIANS. The act of July 22, 1790, was the first act making provision in refer ence to " intercourse with the Indians," and therein it is stated that any 142 INDIAN EDUCATION AND CIVILIZATION. offense committed by a citizen against tiie person or property of peace able and friendly Indians shall be punishable in the same manner as if the act had been committed against a white inhabitant. 1 The act of May 19, 1796, gave to the President the power for the legal apprehension or arresting, within the limits of any State or district, of any Indian guilty of theft, outrage, or murder. 2 The act of March 3, 1817, 3 provided that a similar provision 4 should not "be so construed as to affect any treaty in force between the United States and any In dian nation, or to extend to any offense committed by one Indian against another within any Indian boundary." During the twenty years be tween the two last acts the idea that the Indian tribes were to be dis tinct nations with their own forms of government, and power to conduct their social polity, had taken form and been distinctly stated in treaties. The right of the Indians to punish white intruding settlers had also been stipulated in treaties made with the Choctaw, Chickasaw, Creek, Cherokee, Wyandotte, Delaware, Ottawa, Chippewa, Potawatomie, and Sac Nations, Shawuees and other tribes. 5 In the case of The Cher okee Nation v. The State of Georgia (5 Peters, 1), the court stated : It may well be doubted whether those tribes, which reside within tlie acknowledged boundaries of the United States, can with strict accuracy be denominated foreign nations. They may more correctly, -perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title, independent of their will, which must take effect in point of possession when their right of possession ceases; meanwhile they are in a state of pupilage. Their relations to the United States re semble that of a ward to his guardian. They look to our Government for protection ; rely upon its kindness and its power * * *.e This confused relation between dependence and independence, which continues to the present day, has permitted much harm to reach the Indians and retarded their advance towards civilization. The need for recasting the entire legal position of Indians towards the state and to wards each other, and of permitting the laws of the land to be fully ex tended over all the various reservations and tribes, has been from time to time fully set forth by Indian Commissioners, 7 and appeals have been made for adequate legislation. Efforts at such legislation have as yet met with but partial success. On March 3, 1885, 8 the following act was passed extending the law over Indians to a limited extent : That immediately upon and after the date of this act all Indians committing against the person or pfoperty of another Indian or other person any of the following crimes, United States Statutesat Large, Vol. I, p. 13d. 2 Ibid.,p.472. 3 /6W.,Vol.IH, p. 383. 4The court decided that that part of the act of March 3> 1817, "which assumes to ex ercise a general jurisdiction over Indian countries within a State, is unconstitutional and of no effect. The crime of murder charged against a white man for killing another white man in the Cherokee country, within the State of Tennessee, can not be pun ished in the courts of the United States." (United States v. Bailey, 1 McLean's C. Cls. R.,234.) 6 Synopsis of treaties with these tribes. United States Statutes at Large, Vol. II, p. 146. 7 Report of Indian Commissioner 1876, p. ix, and 1883, p. x, and 1884, p. xiv. 8 United States Statutes at Large, Vol. XXIII, p. 385. STATUS OF TRIBAL INDIANS. 143 namely, murder, manslaughter, rape, assault with intent to kill, arsim, burglary, and larceny within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and shall be subject to the same penalties as are all other persons c 1 irged with the commission of said crimes, respectively; and the said courts are hereby given juris diction in all such cases; and all such Indians committing any of the above crimes against the person or property of another Indian or other person within the bounda.- ries of any State in the United States, and within the limits of any Indian reserva tion, shall be subject to the same laws, tried in the same courts and in the same man ner and subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States. By the act known as the severalty act, approved February 8, 1887, Indians taking their lands individually are placed under the laws, civil and criminal, of the State or Territory in which they reside, and are also made citizens of the United States. The following extract from the decisions of the Attorney-General, the United States and State courts gives the present legal status of the Indians within the limits of the United States. The United States court has ruled concerning Indians who maintain their tribal relations as follows : Indians who maintain their tribal relations are the subjects of independent govern ments, and, as such, not in the jurisdiction of the United States, within the meaning of the Constitution and laws of the United States, because the Indian nations have always been regarded as distinct political communities, between which and our Gov ernment certain international relations were to be maintained. These relations are established by treaties to the same extent as with foreign powers. They are treated as sovereign coinniunities, possessing and exercising the right of free deliberation and action, but, in consideration of protection, owing a qualified subjection to the United States. (Ex 2)arte Reynolds, 5 Dillon, p. 394.) Concerning Indians living apart from their tribe the court decides : When the members of a tribe of Indians scatter themselves among the citizens of the United States, and live among the people of the United States, they are merged m the mass of our people, owing complete allegiance to the Government of the United States, and equally with the citizens thereof, subject to the jurisdiction of the courts thereof. (Ex parte Reynolds, 5 Dillon, p. 394.) The following rulings apply to all Indians on or off reservations : The right of expatriation is a natural, inherent, and inalienable right, and extends to the Indian as well as to the white race. (United States v. Crook, 5 Dillon, p. 453.) * * In time of peace, no authority, civil or military, exists for transporting Indians from one section of the country to another without the consent of the In dians, nor to confine them to any particular reservation against their will ; and where officers of the Government attempt to do this, and arrest and hold Indians who are at peace with the Government, for the purpose of removing them to and confining them on a reservation in the Indian Territory, they will be released on habeas corpus. (United States v. Crook, 5 Dillon, p. 454.) An Indian is a person within the meaning of the habeas corpus act, and as such ia entitled to sue out a writ of habeas corpus in the Federal courts when it is shown that the petitioner is deprived of liberty under color of authority of the United States, or is in custody of an officer in violation of the Coustitution or a law of the United States, or in violation of a treaty made in pursuance thereof. (United States v. Crook, 5 Dillon, p. 453.) 144 INDIAN EDUCATION AND CIVILIZATION. The Indian country (territory) is within the jurisdiction of the western district of Arkansas. A writ of habeas corpus issued by the United States court of that district, or the judge thereof, will run in that territory. (Ex parte Kenyou, 5 Dillon, 385. ) An Indian may abandon his tribe, and, for the purpose of jurisdiction, become a member of the body politic known as citizens of the United States. (Ex parte Ken- yon, 5 Dillon, p. 385.) The Attorney-General has given the following opinion on the relation of Indians to citizenship: The fact, therefore, that Indians are born in the country does not make them citi zens of the United States. * * * The Indians are the subjects of the United States, and therefore are not in mere right of home-birth citizens of the United States. The two conditions are incompatible. This distinction between citizens proper, that is, the constituteut members of the political sovereignty, and subjects of that sovereignty, who are not therefore citizens, is recognized in the best authorities of public law. 1 (See Puffendorf, De Jure Na- turcB, Lib. VII, Cap. II, S.) Indians and half-breed Indians do not become citizens of the United States by be ing declared electors by any one of the States. 2 * * * Electorship and citizenship are different things ; they are not, of neces sity, consociated facts ; a person maybe elector and not citizen, as he may be citizen and not elector. 3 Indians * * * can be made citizens of the United States only by some compe tent act of the General Government, either a treaty or an act of Congress. 1 Members of the following tribes can become citizens by treaty stipu lations : Delaware, 1866 (United States Statutes at Large, Vol. XIV, p. 793, art. 9; also ibid., Vol. XVIII, p. 175); Kickapoo, 1862 (Ibid., Vol. XIII, p. 623, -sec. 3); Miami, 1873 (Ibid/, Vol. XVII, p. 631, sec. 3) ; Miami of Indiana, 1673 (Ibid., p. 213, sec. 5) ; Ottawa, 1862 (Ibid., Vol. XII, p. 1237, sec. 1); Peoria, Kaskaskia, Weas, Piankeshaw, 1867 (Ibid., Vol. XV, p. 513, art. 28) ; Sioux, 1868 (Ibid., Vol. XV, p. 635, art. 6); Stockbridge Munsee, 1865 (Ibid., Vol. XIII, p. 562, sec. 4) : Winnebagoes living in Minnesota, 1870 (Ibid., Vol. XVI, p. 361. sec. 10). The Pueblo Indians and other sedentary tribes that came under the dominion of the United States by the treaty of Guadalupe Hidalgo and Gadsdeu purchase. 5 The following decision by the United States court decides the status of mixed bloods : The condition of the offspring of a union between a citizen of the United States and one who is not a citizen, c. y., an Indian living with his people in a tribal relation, is that of the father. The status of the child in such case is that of the father. The rule of the common law and of the Roman civil law, as well as of the law of nations, prevails in determining the status of the child in such case. (Ex parte Reynolds, 5 Dillon, p. 394.) The following legislation applies exclusively to contracts touching lands, annuities, or benefits derived by treaty or official act of the Uni ted States : Sec. 2103. No agreement shall be made by any person with any tribe of Indians or in dividual Indians not citizens of the United States for the payment or delivery of any 1 Opinion, Attorney-General, Vol. VII, p. 749. -Ibid., p. 746. * Ibid., p. 754. 'Opinion Attorney-General, Vol. VII, pp. 749,750. 6 See Chapter II, containing provisions of these treaties affecting legal status. LEGAL AGREEMENTS. 145 money or other thing of value, in present or in prospective, or for the granting or pro curing any privilege to him or any other person in consideration of services for said In- diausrelative to their lands, or to any claims growing out of or in reference to annui ties, instalments, or other moneys, claims, demands, or thing under laws or treaties with the United States, or official acts of any officers thereof, or in any way connected with or due from the United States, unless such contract or agreement be executed and approved as follows : First. Such agreement shall be in writing, and a duplicate of it delivered to each party. Second. It shall be executed before a judge of a court of record, and bear the ap proval of the Secretary of the Interior and the Commissioner of Indian Affairs indorsed upon it. Third. It shall contain the names of all parties in interest, their residence and oc cupation, and, if made with a tribe, by their tribal authorities, the scope of authority and the reason for exercising that authority shall be given specifically. Fourth. It shall state the time when and place where made, the particular purpose for which made, the special thing or things to be done under it, and, if for the collec tion of money, the basia of the claim, the source from which it is to be collected, the disposition to be made of it when collected, the amount or rate per centum of the fee in all cases, and if any contingent matter or condition constitutes a part of the con tract or agreement, it shall be specifically set forth. Fiftb. It shall have a fixed limited time to run, which shall be distinctly stated. Sixth. The judge before whom such contract or agreement is executed shall certify officially the time when and the place where such contract or agreement was exe cuted, and that it was in his presence, and who are the interested parties thereto as stated to him at the time, the parties present making the same, the source and extent of authority claimed at the time \>y the contracting parties to make the contract or agreement, and whether made in person or by agent or attorney of either party or parties. All contracts or agreements made in violation of this section shall be null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any one else, for or on his or their behalf, on account of such services in excess of the amount approved by the Commissioner and Secretary for such services may be re covered by suit in the name of the United States in any court of the United States regardless of the amount in controversy, and one-half thereof shall be paid to the person sueiug for the same and the other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. 1 SEC. 2104. * * The moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto; and no money or thing shall be paid to any person for services under such contract or agreement until such person shall have first filed with the Commissioner of Indian Affairs a sworn statement showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled ; if so, the same may be paid, and if not, it shall be paid in proportion to the services rendered under the contract. SEC. 2108. The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found due to such incompetent or or phan Indians to be returned to the Treasury ; and all moneys so returned shall bear interest at the rate of (5 per centum per annum until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan 1 Revised Statutes, p. 3(57, section 2103. S. Ex. U5 10 146 INDIAN EDUCATION AND CIVILIZATION. Indians, but tbe same shall remain in the Treasury of the United States until ordered to bo paid by the Secretary to those entitled to receive the same, and shall bear 6 per centum interest until so paid. The courts of Kansas and Washington Territory have held that " an Indian sustaining tribal relations is as capable of entering into binding contracts as any other alien," except in the particular instance pro hibited by section 2103 et seq., Revised Statutes; that is, that said con tract shall not touch his lands, annuities, or statute benefits. " The Tight to contract necessarily draws after it the liability to be sued"; therefore upon contracts of the aforesaid character Indians can sue and be sued. 1 Jurisdiction of State courts over Indians. John Kubideaux, a Miami Indian chief, bought a piece of land in Miami County of Jack Vallie, and in consideration therefor gave to Vallie an instrument in writing, substantially a promissory note. After maturity of the note Vallie sued Eubideaux thereon in the district court of Miami County, Kans. Held: That said court has jurisdiction to hear and determine the case. There is no law of the United States nor of this State that authorizes Indians to purchase lands in Kansas, and then refuse to pay for the same. Neither is there any law that prohibits the courts of Kansas from taking jurisdiction of the persons and property of Indians found within the territorial boundaries of this State, except while such Indians or property are actually situated on a reserve excluded from the juris diction of the State. 2 TRADING REGULATION. The trader from the earliest time wielded great influence among the Indians. From him the natives obtained fire- arms, implements, and uteu-! sils of metal, and thereby secured an advantage over Indians not so well supplied. By the introduction of the goods of the white man's make native manufacture fell into disuse, as the stone, wooden, or pottery implements cost the Indian much labor and were less useful when completed than the articles offered by the trader in exchange for pel tries. Weaving became a lost art among the tribes nearest to white settlements, and the tanning of skins for raiment finally gave place to the cheaper calico and flannel. The wants thus created among the In dians by the traders required to be supplied in order to keep the peo ple peaceful, and the importance of having the traders directly respon sible to the Government was early recognized and enforced. The proclamation of George III 3 set forth the claim of the Crown to regulate trade and license traders. The Articles of Confederation 4 re served that right to Congress. The ordinance for the regulation of In dian affairs, passed August 7, 178G, provides that none but citizens were to reside or trade among the Indians, and no person, under pen alty of $500, to so reside or trade without a license from the supmn- 1 Jack Gho (a Chinaman) v. Charley Julles (an Indian), Washington Territory Re ports, Vol. I, p. 325. , 2 John Rubideaux v. Jack Vallie, Kansas Report, Vol. XII, p. 28. 3 American Archives, 4th series, Vol. I, col. 174. 4 United States Statutes at Large, Vol. I, p. 7, art. 9, sec, 4. TRADERS AN 7 D TRADING HOUSES. 147 tendeuts or deputies; these officers to license every person " who shall produce from the supreme executive of any State a certificate, under the seal of the State, that he is of good character and suitably qualified, * * * for which license he shall pay the sum of $50 to the superin tendent." Each trader was required to give bonds for $3,000 to the superintendent, and this officer to annually account for licenses or bonds to the board of treasury. l By the act of July 22, 1790, 2 the right to license traders was vested in the President or officers appointed by' him. All unauthorized persons trading with Indians were liable to the forfeiture of their goods. This act to " be in force * * * two years." The act of March 1, 1703, 3 regarding traders was similar in character. Section 13 provided, " That nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements, of the citizens of the United -States, and being within the jurisdiction of any of the individual States." 4 The act of March 3, 1795, 5 appropriated $50,000 for the purchase of goods for the Indians, " the sale of such goods to be made under the direction of the President." In accordance with the suggestion of the President, General Washington, 6 the act of April 18, 179G, 7 provided for the establishing of " trading houses," under the immediate direction of the President, who was empowered to appoint an agent, who should give bonds and take oath not to become personally interested in trade, and transmit the accounts of the business semi-annually to the Secretary of the Treasury, the price of the goods " to be regulated in such man ner that the capital stock furnished by the United States may not be diminished;" the sum of $150,000 to be thus invested, and $80,000 for the payment of the agent and clerks, agents to be allowed two rations per diem, and clerks one ration, from the public supplies. Agents were forbidden under penalty to barter goods for guns, implements, or cloth ing, except skins and furs In 1803 the President, Thomas Jefferson, sent a message to Congress wherein he stated that the Indians were growing uneasy and refusing further sales of land, and that * In order peaceabty to counteract this policy of theirs * * * two measures are deemed expedient: First, to encourage them to abandon hunting, to apply to the raising of stock, of agriculture, and domestic manufacture. * * * /Secondly, to multi ply trading houses among them and place within their reach those things which will contribute more to their domestic comfort than the possession of extensive but un cultivated wilds. The President goes on to state that the Government trading houses * * * undersell private traders, foreign and domestic ; drive them from the com- 1 Journals of Congress, Washington, 1823, Vol. IV, cols. 077-678. - United States Statutes at Large, Vol. I, p. 137. 3 Ibid , p. 329. 4 Ihid., p. 331. See also in Chapter III, regulation 5(59, permitting Indians to sell their crops oft' reservations. *Ibid,, p. 443. ''American State Papers, Indian Affairs, Vol. I, p. 487. 7 United States Statutes at Large, Vol. I, p. 452. 148 INDIAN EDUCATION AND CIVILIZATION. petition, and thus with the good-will of the Indian rid ourselves of a description of men who are constantly endeavoring to excite in the Indiaa mind suspicion, fears, and irritation towards us. By act of April 21, 1806, the office of superintendent of Indian trade was created. 1 * v The following list of trading houses, which had been established under the act of 1796, is taken from a letter addressed to the Hon, Joseph Anderson, chairman of the Senate Committee on Indian Affairs, by John Mason, superintendent of Indian trade, dated from u Indian- trade office " at Georgetown, D. C., April 12, 1810 : 2 At Coleraine, on the river St. Mary's, Georgia, established in 1795. Removed to Fort Wilkinson, on the Oconee, in 1797, and to Fort Hawkins, on the Oakrnulgee, in 1806. At Tellico block house, Southwestern Territory, established in 1795. Removed to the Hiwasee of the Tennessee in 1807. At Fort St. Stephens, on the Mobile, Mississippi Territory, established in 1802. At Chicasaw Bluffs, on the Mississippi, Mississippi Territory, established in 1802. At Fort Wayne, on the Miami of the Lakes, Indiana Territory, established in 1802 . At Detroit, Michigan Territory, established 1802 (discontinued in 1805). At Arkansas, on the river Arkansas, Louisiana Territory, established in 1805. At Nachitoches, on the Red River, Orleans Territory, established in 1805. At Belle Fontaine, mouth of the Missouri, Louisiana Territory, established in 1805 (discontinued in 1808). At Chicago, on Lake Michigan, Indiana Territory, established in the year 1805. At Sandusky, Lake Erie, Ohio, established in 1806. At the Island of Michilimackinac, Lake Huron, Michigan Territory, established m 1808. At Fort Osage, on the Missouri, Louisiana Territory, established in 1808. At Fort Madison, on the Upper Mississippi, Louisiana Territory, established in 1808. After varied experiences the trading houses were abolished by act of May 6, 1822, 3 the Government sustaining loss in closing up these " fac tories," 4 and Indian trade was finally left to the enterprise of individu als and companies. The traders not only influenced the relations between different tribes, but the attitude of the tribes towards the colonies, and later towards the Government itself. During the period of the Kevolutiou the British trader rallied the Indians under his control to the cause of the King; as in the same manner at an earlier date the French trader had turned certain tribes against the English. To offset tbis power, in the first treaty made under the Colonial Congress with the Six Nations, at Albany, August 25, 1775, 5 provision was made for trade to be re sumed at Albany and Schenectady ; Congress to "exert their strenuous endeavors to procure the goods the Indians may want and put the trade under such wise regulations as that mutual justice may be effected." The treaty with the Delaware Nation, in 1778, provided for an "agent to 1 United States Statutes, Vol. II, p . 402. 3 American State Papers, Indian Affairs, Vol. I, p. 768. 3 United States Statutes at Large, VoL III, p. 682. 4 American State Papers, Indian Affairs, Vol. II, p. 513. ' American Archives, 4th series, Vol. Ill, col. 1881. Il)id,VoL Ill, col. 1924. SALE OF LIQUOR. 149 trade" with the tribe. 1 The treaty made with the Chippewa, Wyan- dotte, Delaware, Ottawa, Pottawatomie, and Sac Indians, in 1789, stipulated that these Indians should sell their peltries to the United States only, and that any foreigners attempting to trade should be de livered up. 2 For more than a century the Indian traders have kept alive on this continent the rivalry of foreign nations, playing Indian against Indian, and Indian against white men. This is witnessed in the 'border dis putes both prior to 1812 and during that war, also in the later contro versies over the Canadian boundary line and on the North Pacific Coast. In all of these troubles Indian tribes have become involved in wars with us and with each other upon issues foreign to the Indians themselves. The trading posts of the Hudson Bay Company and of the various American trading companies were all more or less military in charac ter, and the officials held almost despotic sway over the Indians within reach. Many agencies to-day stand upon the sites of these former trading posts. . The treaties with the various tribes bear ample testimony to the grasp of the trader upon the Indians. A large proportion of the money from the sales of land passed directly to the traders for u debts," and these debts in several instances were the causes of cessions of land. 3 Nor is the grasp of the trader loosened to-day, except where reservations are surrounded by settlements, and the Indians have become sufficiently educated to be able to transact their own business in the towns of white men. In a message to Congress dated January 28, 1802, the President (Thomas Jefferson) states: "These people (the Indians) are becoming very sensible of the baneful effects produced on their morals, their health, and existence by the -abuse of ardent spirits; and some of them earnestly desire a prohibition of that article from being carried among them. The Legislature will consider whether the effectuating that de sire would not be in the spirit of benevolence and liberality." 4 The act of March 30, 1802, contained the first provision against the sale of in toxicating liquors to Indians : " That the President of the United States be authorized to take such measures from time to time as to him may appear expedient to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes, anything herein contained to the contrary thereof notwithstanding." 5 By the act of February 13, 1862, 6 it was made a crime, punishable by fine and imprisonment, to sell liquor to Indians under the care of a superintendent or agent, whether on or off their reservations 5 and the constitutionality of this law was affirmed by the Supreme Court in 1865. On the revision of the laws in 1873-'74 this law was changed so that its 1 United States Statutes at Large, Vol. VII, p. 13. 2 Ibid., p. 28. 3 See synopsis of treaties. 4 American State Papers, Indian Affairs, Vol. I, p. 653. 6 United States Statutes at Large, Vol. II, p. 146. " Regulations of Indian Department 1884, sec. 491, p. 85. 150 INDIAN EDUCATION AND CIVILIZATION. penalties could only apply to persons found guilty of selling liquors to Indians on their reservations ; but an act approved February 27, 187 7 (United States Statutes, Vol. XIX, p. 244), restores the provisions of the law of 1862 by striking out of section 2139 the words "except to an Indian in the Indian country, 7 ' so that persons who now engage in the liquor traffic with Indians, no matter in what locality, or who give it to them, are liable to a penalty of $300 and two years 7 imprisonment- The law (act July 4. 1884) also provides that no part of sections 2139 and 2140, Eevised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or store-keeper, attache or employe" of the Army of the United States, who shall barter, donate, or furnish, in any man ner whatsoever, liquors, wines, beer, or any intoxicating beverage what soever to any Indian. When persons are detected in a violation of the law their cases to be placed in the hands of the district attorney for the district wherein the crime was committed, in order that they may be promptly arrested, tried, and punished; and agents will co-operate with that officer in his efforts to convict the guilty parties, furnishing him with the requisite evidence and all the facts that they may be able to obtain for the purpose indicated Indians are competent witnesses in these cases. (See section 2140, Revised Statutes; section 236, In structions, 1880.) Licensed traders must see to it that no intoxicating liquor is, under any pretense, allowed on or about their premises, and a violation of this rule, or a failure to use their utmost efforts to suppress the traffic, or to notify the Indian Office in regard to it, will subject them to have their licenses revoked and themselves removed from the reservations. In short, a failure to heartily co-operate with the Indian Office in pre venting any one from furnishing liquor in any shape or under any pretext to the In dians will certainly result in the removal of the agent and the revocation of the license of the trader. (See section 491, circular 67, Indian Office.) By the act of May 6, 1822, 1 traders to the remote tribes beyond the Mississippi were to be licensed for a term not exceeding seven years ; other traders for two years. . ;| The year 1834 marked an epoch in the administration of. Indian affairs. On the same day (June 30,1834) that the organic act was passed creating the Indian Department there was also passed the " act to regulate trade and intercourse with the Indian tribes, and to pre serve peace on the frontier/ 72 The majority of the provisions of this act are in force to the. present day. The following rules are taken from the "Regulations of the Indian Department," published in 1884: (544.) The Commissioiier of Indian Affairs has the sole power and authority to ap point traders to the Indian tribes, and to make such rules and regulations as he may deem jnst and proper, specifying the kind and quantity of goods and the prices at which such goods shall be sold to $ie Indians. (Act of August 15, 1876, sec. 5, 19 Stat utes, 200.) 1 United States Statutes at Large, Vol. Ill, p. 682. - Ibid., Vol. IV, p. 729. TRADING REGULATIONS. 151 (545.) No person employed in Indian affairs shall have any interest or concern in any trade with Indians except for and on account of the United States, and any person i offending herein shall be liable to a penalty of $5,000, and shall be removed from his I office. (Sec. 2078, Revised Statutes.) (546.) Any person other than an Indian of the full blood who shall attempt to re- t side in the Indian country or on any Indian reservation as a trader, or to introduce goods, or to trade therein, without such license, shall forfeit all merchandise offered for sale to the Indians or found in his possession, and shall moreover be liable to a penalty of $500 : Pro vided, That this section shall not apply to any person residing among or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles. * * And provided further, That no white person shall be employed as a clerk by any Indian trader, except such as trade with said live civilized tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regulations to be established by the Secretary of the Interior. (Act of July 31, 1882, 22 Statutes, 179. ) (547.) Every person, other than an Indian, who, within the Indian country, pur chases or receives of any Indian in the way of barter, trade, or pledge a gun, trap, or other article commonly used in hunting, any instrument of husbandry, or cooking utensils of the kind commonly obtained by the Indians in their intercourse with the white people, or any article of clothing, except skins or furs, shall be liable to a pen alty of $50. (Sec. 2135, Revised Statutes.) (548.) Licenses to trade with the Indians will only be granted to citizens of the United States of unexceptionable character, and who are fit persons to be in the Indian country. (Sec. 2128, Revised Statutes.) (549.) A bond in the penal sum of $10,000 is required.' * * * (Sec. 250, Instruc tions, 1880; sec. 2128, Revised Statutes.) (550.) Sureties must not be bonded officers of the United States. * * * (552.) This application must be forwarded through the agent in charge of the In dians with whom it is desired to trade. * * * (554.) All applications for license or renewal of license must be accompanied by agent's affidavit that he has no interest, directly or indirectly, present or prospective, in the proposed business or the profits arising therefrom, nor any person for him, and that no arrangement for any benefit to himself or other person or persons on his be half is in contemplation in case the license shall be granted. (555.) No license will be granted for a longer period than one year, but at the end of that time * * * a new license may be granted. * * * (556.) A new bond must be given with each renewal of license. * * * (559.) The principals of all trading establishments will be held responsible for the conduct and acts of the persons in their employ in the Indian country. * * * (560.) Licenses will be revoked by the Commissioner of Indian Affairs whenever, in his opinion, the persons licensed, or any of those in his or their employ, " ; shall have transgressed any of the law r s or regulations made for the government of trade and intercourse with the Indian tribes, or that it would be improper to permit them to remain in the Indian country." * * * (562.; All licensed traders, before any goods shall be offered for sale, shall exhibit to the agent the original invoices of all goods intended for sale, and also the bill 8 of lading therefor, together with the price at which each article is to be sold, and it is the duty of each agent to see that the prices are in all cases fair and rea sonable. (566.) No trade is permitted with any other tribe or tribes at any other place or places than are specified in the license. (Sec. 245, Instructions 1880. ) (567.) In making purchases from Indians, money only must be used. * ' Pay ment, however, may be made in goods for labor or for articles purchased, provided payment is made at the time of the performance of labor or delivery of articles pur- 152 INDIAN EDUCATION AND CIVILIZATION. chased, and that payment in goods was agreed upon at the time of contracting for the labor or purchase of the goods. (Sec. 246, Instructions 1880; Circular 68, Indian Office.) " (571.) If credit is given the Indians by the trader he must take the risk of his action, as is done by all business men, and no assistance in the collection of alleged claims will be given him by the agent. (Section 96, Instructions 1880.) (572.) Traders will not be allowed, under any circumstances, to sell to the Indian 3 breech-loading arms, pistols of any description, fixed ammunition, or metallic car tridges. (See sec. 373; sec. 467 ; and 2136 Revised Statutes; joint resolution August 5, 1876,19 Statutes, 216; Circular 100, Indian Office.) (573.) The fact of having a license to trade with Indians does not confer upon the trader the right to herd or raise cattle upon the reservation, or to be directly or indi rectly interested in such business, or the profits arising therefrom. (Circular 80, Indian Office.) (574.) Traders are forbidden to buy, trade for, or have in their possession any annu ity or other goods of any description that have been purchased for or furnished by the Government for the use or welfare of the Indians. (See sec. 364; Circular 81, Indian Office.) ARE THE INDIANS DYING OUT? In 1877 the Bureau of Education issued a bulletin upon this question, 1 in which estimates and enumerations are given in more or less detail of the entire Indian population at different periods from 1790 to 1877, as well as more extended statements concerning certain groups of tribes, as the Six Nations of New York. The Commissioner of Education remarks: In considering the following statement of Indian population at different periods from 1790 to 1876, several things should be remembered and heeded: (1) It is entirely impracticable to present any trustworthy statement of the number of Indians in the whole territory comprised within the present limits of the United States in 1790, or at any subsequent period down to about the year I860. 2 All enumer ations and estimates prior to the latter date were based on fragmentary and otherwise insufficient data. Our official intercourse with the Indian tribes at the beginning of this century did not extend much beyond the Ohio River and the Mississippi from its confluence with the Ohio to the Gulf of Mexico; and our information respecting the number of Indian tribes beyond, and their numerical strength, was extremely meager and indefinite. The number of Indian tribes in official relations with, the United States steadily increased from 1778, the date of our first Indian treaty, to within a few years. (2) Such estimates and enumerations as have been presented do not coincide (ex cept in two instances, 1820 and 1870) in date with the years in which the regular cen sus of the United States was taken, nor do they appear at regular intervals. (3) It is almost invariably true that estimates of the numbers of an Indian tribe ex ceed the real numbers; and, from the nature of the case, all official enumerations, until within a very recent period, have necessarily included many estimates, and are for that reason inaccurate. (4) The United States census returns before 1850 did not include Indians. 1 Incorporated in general report of Indian Commissioner, 1877, p. 485. 2 This remark is almost equally true of estimates and enumerations from 1850 to the present time. INDIAN POPULATION 153 After receiving each estimate quoted, the following recapitulation is given, the Commissioner stating that " it should not be considered apart from the remarks which accompany each separate period : " No. Tear. Authority. Population. 1 1789 Estimate of the Secretary of War 76 000 2 17 90-' 91 60 000 3 1820 471 036 4 lg 95 Report of Secretary of War 129 366 5 1829 do 312 930 G 1834 do 312 610 7 183(5 253 464 8 1837 do 302 498 9 1850 Report of H Tl Schoolcraft 388 29 10 1853 Report of United States Census 1850 400 764 11 1855 314 622 I 9 1857 Report of H R Schoolcraft 379 264 n 1860 Report of Indian Office 254 300 11 1865 294 574 T> 1870 Report of the United States Census . . ... . .... 313 712 10 1870 Report of Indian Office 313 371 17 1875 do 305, 068 18 1876 do 291 88 9 The following computation made in the same manner 1 brings this general statement up to the year 1887 : Year. Authority. Population. 1877 Report of Indian Office 276 540 1878 do 276, 595 1879 do 278, 628 1880 390 534 1880 Report of Indian Office 9 56 127 1881 do 3 9 8 258 1882 -do 326 039 1883 do 331, 972 1884 . (Jo 330, 776 1885 do . ' 344, 0(>4 1886 do . . . 334, 735 The number of Indians "mingled with white men and not under tribal relations or upon reservations" by the census of 1870 is given as 25,731; 1880, as 66,407 ; showing an increase of 40,676. 1 To the number given by the Indian Commissioner is added the 25,731 Indians re ported in the census of 1870 as not holding tribal relations, but living with white men, and the 66,407 reported in census of 1880, to the Indian Commissioner's estimate given at and since that date. 154 INDIAN EDUCATION AND CIVILIZATION. The following tables show in what States and Territories this change has taken place: Table of the United States Census. State and Territory. 1870. 1880. State and Territory. 1870. 1880. Alabama ...... 98 213 New York 439 819 89 195 ' 1 241 1 230 7 241 16 277 Ohio 100 130 180 154 318 1 694 Connecticut 235 255 Pennsylvania 34 184 5 Ilhode Island 154 Florida l 180 124 131 Georgia 40 14 70 352 Illinois 32 140 TO 992 Indiana 240 246 Vermont 14 11 Iowa 48 4GI3 Virginia 229 85 Kansas 914 815 West Virginia , 1 29 108 50 1 9 OG 3 Ifil 569 848 Alaska Maine - . 499 625 Arizona 31 3 4 OH M ai'5'land 4 15 Dakota 1,200 1 391 151 369 District of Columbia 15 4 9^6 7 ''49 Idaho 47 165 Minnesota 690 2 300 Montana 157 1 683 809 1 857 New Mexico 1 309 9 772 Missouri 75 113 Utah 179 807 Nebraska . .... 87 235 "Washington ...... 1 319 4 405 Nevada . 23 2 803 W"yoming.. . . 66 140 93 63 Total 2 25, 731 66, 407 f ! By act of July 4, 1884, Congress appropriated $6,000 to enable the Semiuole Indians in Florida to obtain homesteads upon public lands. (United States Statutes, Vol. XXIII, p. 95.) a Census 1880, pp. 37, 39. Population and reservations. Indians in the United States, exclusive of Alaska * 264, 369 Acres in Indian reservations l 137, 766, 731 Acres tillable 2 17,886,815 Acres cultivated by Indians _.. 256, 161 Reservations (including Pueblos) , 169 Agencies 60 Largest number of reservations under one agent 7 Smallest number of reservations under one agent 1 Largest number of Indians, not including five civilized tribes, on one res ervation (Navajo, New Mexico) 3 19,013 Smallest number of Indians on one reservation (Iowa, Kansas) 4 132 Reservation having the largest number of acres (Montana) 5 21,651,200 Reservation having the smallest number of acres (Shoal Water, Washing ton Territory) 6 335 Reservations in States 32 Reservations in Territories .. 39 1 Report of Indian Commissioner, 1884, p. 302. - Ibid. , 1883, p. 302. p. 244. */&id.,1883,p.274. /&tU, 1884, p. 310. 6 JT&M.,p. 316. IWd.,1884, DISTRIBUTION OF THE POPULATION. 155 Distribution of Indians and Indian reservations. a States and Territories. Number of reser vations. Number of agents. Number of Indians on reservations. A *8C ja 3 9 3 18- 699 Acres. 6 603 191 26 4 4 738 472 947 Colorado ....... ..... .. . . .. ........ 1 1 991 1 094 400 Dakota 9 9 32 HI 9 6 847 105 Idaho ...... ........ 4 3 3 676 2 611 481 Indian Territory . . ... .' ...... 20 7 18 334? Indian Territory (five civilized tribes) 5 1 64 0003 41, 102, 546 Iowa 1 1 354 1 258 Kansas.. ,.... 3 1 976 106 375 Michigan 3 1 9 577 66 332 Minnesota .. ..... . .......... 10 1 5 287 4 755 716 Montana 4 5 &15 333 27 797 800 Nebraska . . ... 6 3 3 602 422 358 Nevada .. ... 4 2 5 016 885 015 New Mexico 90 3 30 003 9 540 445 New York . g 1 5,007 87 677 North Carolina . . 1 3,100 65, 211 Oregon . . ............... 6 4 4,255 2, 075, 560 Texas .. . ' 97 Utah 2 2 2,309 3, 972, 480 17 5 10, 846 6, 330, 125 Wisconsin . ........ 7 2 6,628 586, 309 Wyoming .... ................ 1 1 1,855 2, 342, 400 Total 169 60 246, 794 137, 766, 731 a Eeport of Indian Commissioner, 1884, p. xviii. 6 Of these 558 are in charge of a military officer and not on an Indian reservation. c Indians in charge of a military officer and not on an Indian reservation. Indians not under control of agencies. a States and Territories. No. States and Territories. No. Arizona 2 464 Texas . 290 California .... 6 669 Utah 390 Dakota 400 150 Idaho 600 ],210 Maine 410 892 Nevada 3,300 17 575 Oregon 800 a Report of Indian Commissioner, 1884, p. xviii. 156 INDIAN EDUCATION AND CIVILIZATION. STATISTICS OF CONDITION AND WORK. 1 Indian allotments. (A certain number of acres set apart to an individual Indian or the head of a family) 8,278 Houses occupied 14,8*24 Houses built for Indians during the year 292 Houses built by Indians during the year 1,975 Indians who wear citizens' dress wholly 82,642 Indians who wear citizens' dress in part 56, 012 Indians who speak English 25, 394 Indians who read English 18, 185 Indian apprentices on reservation 392 Indian apprentices at Carlisle and Forest Grove 231 Indian families engaged in agriculture 24, 451 Indian families engaged in civilized pursuits 6, 750 Male Indians who undertake manual labor in civilized pursuits 47, 553 PRODUCE RAISED BY INDIANS. Wheat, bushels 2 ' 823,299 Corn, bushels 2 984,318 Oats and barley, bushels 2 455, 526 Rye, bushels 3 12, 755 Vegetables, bushels 4 497, 597 Number of melons and pumpkins 3 710 431 Tons of hay cut 3 79, B92 Pounds of butter made 2 42,621 Pounds of maple sugar made 2 205, 000 OTHER RESULTS OF INDIAN LABOR. Lumber sawed, 2 feet 4, 416, 935 Number of shingles cut 3 42, 700 Cords of woodcut 2 81,625 Fish sold 2 ....... $4,200 Pounds of snake-root gathered and sold 2 $15, 600 Bushels of berries sold 2 500 Bushels of wild ri ce 2 1 , 400 Pounds of wool produ ced 2 700, 000 Blankets manufactured and sold 2 $30, 000 Robes and furs sold/ 2 : $140, 675 Number of pounds of freight transported by Indian teams .'. 11,337,853 Amount earned thereby 3 $74, 782 96 STOCK OWNED BY INDIANS. 2 Horses 235 534 Mules 3,405 Cattle ., 103,324 Swine 67.835 Sheep 1,029,869 VITAL AND OTHER STATISTICS. 1 Births 4', 069 Deaths 3,787 Number who have received medical treatment during the year . . 53, 774 Indians killed by Indians during the year Report of Indian Commissioner, 1884, p. 302. 2 Ibid., p. 320. *Ibid., 1883, p. 302. $17, 651 STATISTICS . OF EXPENDITURE AND TRUST FUNDS. Pay of officials. Pay and expenses of Indian inspectors $17, 250, 00 Pay of special agents 8, 558. 40 Travelling expenses of special agents 5, 810. 82 Pay of Indian agents 81, 888. 53 Travelling expenses of Indian agents 11,543.45 Payment of regular employe's at agencies 254, 853. 30 Payment of temporary employes at agencies 9, 0%. 48 Pay of interpreters 19, 187. (52 Pay of Indian police, scouts, and equipments 60, 097 08 Incidental expenses of agencies 21, 111. 75 In hands of agents 746. 09 Total $490,143.58 AGENCY EXPENSES. 3 Building at agencies and repairs. $30,941. 04 'Survey of Indian reservations 496.50 Agricultural improvements 7, 581. 49 Agricultural and miscellaneous supplies 259, 693. 51 Stock for Indians 263, 880. 47 Medicines and medical supplies 15, 728. 7(i Vaccination of Indians 246. 00 To promote ci vilization among Indians generally . 92, 130. 67 Support of schools 669,974.21 Miscellaneous 13, 988. 23 Total.... $1,354,660,88 Support and payment of Indians. 3 Annuity goods $371,073.79 Subsistence supplies 2,160,967,92 Purchase and inspection of annuity goods and supplies 24, 803. 12 Advertising expenses and telegraphing 21, 196. 88 iKeport of Indian Commissioner, 1884, p. 302. -Ibid., 1883, p, 284. 3 Partial report. 4 lbid., 1884, p. xviii. AGENCY EXPENSES. " 15 ( J Expenses of transportation and storage $235,148.76 Payment of annuity in money 298,666.56 Total $3,161,857.03 In this amount aro included : l A special appropriation for the subsistence of the Arapahoes, Cheyennes, Apaches, Kiowas, Coiuanches, and Wichitas, 1884 $413,000.00 A like appropriation for the subsistence of the Arickarees, Gros Ventres, and Mandans, 1884 38, 000. 00 For the Assinaboines in Montana, 1884 15 ? 000. 00 For the Blackfeet, Bloods, and Piegaiis, 1834 35 } 000. 00 For the Chippewas of Lake Superior 15 } 000. 00 Chippe was of Red Lake and Pembiua, 1884 . . 15, 000. 00 Chippewas, Turtle Mountain band, 1884 9, 000. 00 Chippewas on White Eartli Reservation 8, 000. 00 Confederated tribes and bands in middle Oregon, 1884 7, 000. 00 D'Wamish and other allied tribes in Washington, 1884 8,000. 00 Flathead and other confederated tribes, 1884 13, 000. 00 Gros Ventres in Montana, 1884 18,000.00 Kansas Indians, 1884 5,000.00 Kickapoos, 1884 6,000.00 Makahs, 18S4 5,000.00 Monomonees, 1884 5,000.00 Modocs in the Indian Territory, 1884 5,000.00 Navajoes, 1-84 30,000.00 NezPerc6sof Joseph band, 1884 20,000.00 Quinaielts and Quillehutes, 1884 5,000.00 Shoshones in Wyoming, 1884 15, 000. 00 Sioux of Lake Traverse, 1834 8,000.00 Sioux of Devil's Lake, 1884 8,000.00 S'Klallams, 1884 : 5,000.00 Tonkawas at Fort Griffin, Tex., 1884 3,000.00 Walla- Walla, Cayuse, and Umatilla tribes, 1834 8, 000. 00 Yakamas and other Indians, 1884 20, 000. 00 Indians in Arizona and New Mexico, 1884 300, 000. 00 Indians of Central Superintendency 18,000.00 Indians of Fort Hall Reservation, 1884 20, 000. 00 Indians of Fort Peck Agency, 1884 70,000.00 Ind ians of Klamath Agency, 1884 6, 000. 00 Indians of Lemhi Agency 19,000.00 Total .*. $1,175,000.00 The extinction of game throws some tribes temporarily on the Govern ment for subsistence, so that this class of expenditure -can not be ex pected to disappear entirely for some time to come, though the amount will undoubtedly diminish from year to year, as habits of industry and providence increase among the Indians. Besides the expenditure already stated, the United States annually pays a large sum as interest due certain tribes on stocks and bonds, and trust funds in the Treasury. The amount of Indian trust funds, 1 Report of Indian Commissioner, 1884, pp. 236, 240. 160 INDIAN EDUCATION AND CIVILIZATION. according to the report of the Commissioner of Indian Affairs for the year 188 A, 1 was Stock ami bonds held in trust $1,800,016.83 Funds in United States Treasury to credit of Indians 16,668,233.84 Total 18,468,250.67 The interest on the above paid to or expended for the Indians, viz : On stock and bonds $112,341.01 On funds in United States Treasury, uninvested 821, 511. 59 Total 933,852.60 In the appropriation for "current and contingent expenses of the Indian Department' 7 a part of this sum is included; and it is sometimes forgotten that this money is a payment made to the Indians as an in come earned by their own funds, and not bestowed as gratuity. 1 The picture presented by these statistics varies from year to year ; happily the change is in tho. Hue of self-support and civilization. For later statistics see Report of the Indian Couiraissiouer for 1886. CHAPTER VI. EDUCATION. On the 12th of July, 1775, the Continental Congress appropriated $300 for the education of Indian youth at Dartmouth College, New Hampshire. 1 The Mohegans declared that year to the commissioners, appointed to treat with the Indians at Albany, " their desire to have teachers and in structors among them which the commissioners promised to report to Congress." 2 In December of the same year Captain White Eyes, a Del aware chief, being introduced to Congress, the President said: * * * " We will send you, according to your desire, a minister and a school master." 3 This promise was renewed on April 10, 1776. 4 Similar re quests were made in behalf of the Oneidas. 5 Cornplanter, speaking for the Senecas, said to the President : Father, you give us leave to speak our minds concerning the tilling of the ground. We ask you to teach us to plow and to grind corn ; to assist us in building saw-mills, and to supply us with broad axes, saws, augers, and other tools, so that we may make our houses more comfortable and more durable ; that you will send smiths among us, and, above all, that you will teach our children to read and write, and our women, to- spin and to weave. The manner of your doing these things for us we leave to you, who understand them ; but we assure you that we will follow your advice as far as we are able. Father, you have not asked any security for peace on our part, but we have agreed to send nine Seneca boys, to be under your care for education. Tell us at what time you will receive them, and they shall be sent at the time you shall appoint. This will assure you that we are, indeed, at peace with yon, and determined to continue so. If you can teach them to become wise and good men, w% will take care that our nation shall be willing to receive instruction from them. 6 General Washington replied, through the Secretary of War : You will also inform the Indians how desirous the President of the United States is that the Indians should have imparted to them the blessings of husbandry, and the arts, and of hiswillinguess to receive the young sons of some of their principal chiefs, for the twofold purpose of teaching them to read and write, and to instruct them fully in the arts of husbandry. If they should readily accede to this proposition, you may receive the children to be educated, either at the time of the treaty, or at such other time aod place as you may agree. 7 On February 5, 1776, the Committee on Indian Affairs reported : That a friendly commerce between the people of the United Colonies and the In- dlaus, and the propagation of the Gospel, and the cultivation of the civil arts among 1 American Archives, 4th series, Vol. II, col. 1879. 2 Ibid., 5th series, Vol. I, col. 903. *Ibid., 4th series, Vol. Ill, col. 1953. *lbid., Vol. V, col. 1663. *Ibid., 5th series, Vol. I, cols. 902, 903. 6 American State Papers, Indian Affairs, Vol. I, p. 144. Ubid., p. 166. S. Ex. Oo - 11 161 162 INDIAN EDUCATION AND CIVILIZATION. the latter, may produce many and inestimable advantages to both, and that the com missioners for Indian affairs be desired to consider of proper places, in their respect ive departments for the residence of ministers and school- masters, and report the same to Congress. 1 On May 22, 1702, the following was included in the instruction to Brig. Gen. Kufus Putnam, who was sent to negotiate with the late hos tile Indians near Lake Erie : That the United States are highly desirous of imparting to all the Indian tribes the blessings of civilization, as the only means of perpetuating them on the earth. That we are willing to be at the expense of teaching them to read and write, to plow and to sow, in order to raise their own bread and meat, with certainty, as the white peo ple do. 2 The first treaty agreement providing for any form of education was made December 2, 1794, with the Oneida, Tuscarora, and Stockbridge Indians, who had faithfully adhered to the United States during the Revolution. For three years one or two persons were to be employed to instruct in the arts of the miller and sawyer. 3 The second treaty agreement for education was with the Kaskaskias, August 13, 1803, wherein the United States promised to give annually for seven years $100 toward the support of a Roman Catholic priest, who, beside the duties of his office, was " to instruct as many of the chil dren as possible in the rudiments of literature." 4 The treaties negotiated during the fifteen years following make no mention of education. They were mainly devoted to cessions of land and to the establishing of peace after the disturbances incident to the war of 1812. The great religious awakening which occurred about that period and which resulted in the formation of missionary associations and the Bible and the tract societies made itself felt in a revival of in terest in Indian education and civilization. On January 22, 1818 the House Committee on Indian Affairs re ported : We are induced to blieve that nothing which it is in the power of Government to do would have a more direct tendency to produce this desirable object [civilization] than the establishment of schools at convenient and safe places amongst those tribes friendly to us. The committee are aware that many plausible objections may be raised against the proposed measure; but we believe that all difficulties on this sub ject may be surmounted, and that the great object may be carried into practical ef fect. In the present state of our country one of two things seems to be necessary. Either that those sons of the forest; should be moralized or exterminated. Humanity would rejoice at the former, but shrink with horror from the latter. Put into the hands of their children the primer and the hoe, and they will naturally, in time, take hold of the plow, and as their minds become enlightened and expand the Bible will be their book, and they will grow up in habits of morality and industry, leave the chase to those whose minds are less cultivated, and become useful members of society. The committee believe that increasing the number of trading-posts, and establishing schools on or near our frontiers for the education of Indian children, would be at tended with beneficial effects both to the United States and the Indian tribes, and l American Archives, 4th series, Vol. IV, col. 1662. 2 American State Papers, Indian Affairs, Vol.1, p.235. 3 United States Statutes at Large, Vol. II, p. 48, art. 3. * Ibid., p. 79, art. 3. FIRST APPROPRIATION. 163 the best possible means of securing the friendship of those nations in amity with us, and, in time, to bring the hostile tribes to see that their true interest lies in peace and not in war ; and therefore the committee report a bill. l The first general appropriation for Indian education was made March 3, 1819, when an act was passed : For the purpose of providing against the further decline and final extinction of the Indian tribes adjoining the frontier settlements of the United States, and for intro ducing among them the habits and arts of civilization, the President of the United States shall be, and he is hereby, authorized, in every case where he shall judge im provement in the habits and condition of such Indians practicable, and that the means of instruction can be introduced with their own consent, to employ capable persons of good moral character to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing, and arithmetic, and performing such other duties as may be enjoined, according to such instructions and rules as the President may give and prescribe for the regulation of their conduct in the discharge of their duties. Sec. 2. And be it further enacted, That the annual sum of $10,000 be, and the same is hereby, appropriated for the purpose of carrying into effect the provisions of this act; and an account of the expenditure of th e money and proceedings in execution of the foregoing provisions shall be laid annually before Congress. 2 On January 15, 1820, J. C. Calhoun, in compliance with a request from the House as to the progress made in the civilizatiou of the Indians and to know whether any of the $10,000 had been expended, reported that: No part of the appropriation * * * had yet been applied. The President was of opinion that the object of the act would be more certainly effected by applying the sum appropriated in aid of the efforts of societies or individuals who might feel disposed to bestow their time and resources to effect the object contemplated by it; and a circular was addressed to those who had directed their attention to the civiliza tion of the Indians. The objects of the circular were to obtain information, and dis close the views of the President, in order to concentrate and unite the efforts of indi viduals and societies in the mode contemplated by the act of the last session. The Cherokees exhibit a more favorable appearance than any other tribe of Indians. There are already established two flourishing schools among them ; one at Brainard, under the superintendence of the American Board for Foreign Missions, at which there are at present about one hundred youths of both sexes. * * * The Choctaws and Chickasaws have recently evinced a strong desire to have schools established among them, and measures have been taken by the American Board for Foreign Missions for that purpose. A part of the former nation have appropriated $2,000 annually, out of their annuity, for seventeen years, as a school fund. A part of the Six Nations in New York have, of late, made considerable improvements ; and the Wyaudots, Sen- ecas, and Shawaueee at Up^er Sandusky and Wapaghkonetta have, under the super intendence of the Society of Friends, made considerable advances in civilization. Although partial advances may be made under the present system to civilize the Indians, I am of opinion that until there is a radical change in the system any ef forts which may be made must fall short of complete success. They must be brought gradually under our authority and laws, or they will insensibly waste away in vice and misery. It is impossible, with their customs, that they should exist as indepen dent communities in the midst of civilized society. They are not, in fact, an indepen dent people (I speak of those surrounded by our population), nor ought they to be so 1 American State Papers, Indian Affairs, Vol. II, p. 151. 2 United States Statutes at Large, Vol. Ill, pp. 510-517. 164 INDIAN EDUCATION AND CIVILIZATION. considered. They should be taken under our guardianship ; and our opinion, and uot theirs, ought to prevail in measures intended for their civilization and happiness. A system less vigorous may protract, but can not arrest their fate. 1 The following extract from the circular of September 3, 1819, men tioned above, indicates the policy of the President: But it will be indispensable, in order to apply any portion of the sum appropriated in the manner proposed, that the plan of education, in addition to reading, writing, and arithmetic, should, in the instruction of the boys, extend to the practical knowl edge of the mode of agriculture, and of such of the mechanic arts as are suited to the con dition of the Indians; and in that of the girls, to spinning, weaving, and sewing. It is also indispensable that the establishment should be fixed within the limits of those Indian nations who border on our settlements. Such associations or individuals who are already actually engaged in educating the Indians, and who may desire the co operation of the Government, will report to the Department of War. * * * In proportion to the means of the Government co-operation will be extended to such in stitutions as may be approved, as well in erecting necessary buildings, as in their cur rent expenses. 2 In 1823 tbe following schools are reported as receiving Government aid : Names and sites of stations. By whom established. When established. Number of scholars at last report. Sum annually al lowed by tbe Uni ted States for tui tion. Whole expense dur ing last year. School at Cornwall Conn American Board of Foreign Mis 1817 35 $1 438 Brainard, Cherokee Nation, Tenn.. sions, Boston. do 1817 -84 1 200 $7 632 Elliot Choctaw Nation do 1818 go 1 200 735 Newell Choctaw Nation do 1821 15 350 668 Mayhew Choctaw Nation do 18^2 66 800 15 706 Dwight, Cherokees, Arkansas .... do 180 50 600 6 241 Fort Wayne, Indiana and Michigan Valley Towns, Cherokees, Tenn... Baptist General Convention do 1820 1820 40 50 200 500 3,000 3 000 Tensawattee Cherokees, Tenu do 18 9 1 25 50 Withinofton, Creek Nation do 1823 40 600 3 000 Oneida Nation 1820 24 500 Tuscarora Nation, New York Seneca Nation New York ciety. United Foreign Missionary So ciety, New York. do 1819 1819 45 31 450 450 2 451 Union Osa^es Arkansas .......... do 1820 12 950 6 700 Harmony Osages, Missouri do 1822 17 250 4 (jso "Wyaudottes, near Upper Sandusky. Methodist Ohio Conference 1821 60 500 1 950 Spring Place, Cherokees, Tenn United Brethren 1801 20 300 744 Monroe, Chickasaw Nation, Tenn. . Charity Hall Nation Synod of South Carolina and Georgia. 1821 18 9 2 54 21 500 400 2,675 608 Ottawas Miami of the Lake Western Missionary Society 1823 300 Catholic Bishop of New Orleans 1823 800 'American State papers, Indian Affairs, Vol. II, p. 200, 201. 2 Ibid., p. 201. SCHOOLS IN 1825. 165 The expenses over and above the amount allowed by the Government were paid by the respective societies. 1 The schools in 1825 were 38 in number, and were located and cared for as follows : 2 Tribes. Choctaw East and West Cherokee Seneca. Chickasaw. Oneida. Osage.. Ottawa Chippewa Creek Missoui ia Passamaquoddy Pottawatoinie . . Tuscaroras Wyandotte No. n 9 3 2 O I 2 I By whom established. American Board of Foreign Missions. Five by the American Board of Foreign Missions ; two by United Brethen ; two by Baptist General Convention. Two by United Foreign Mission Society; one by Baptist General Convention. One by Cumberland Mission Board ; one by Synod of South Carolina and Georgia. One bv Baptist General Convention Church. one by Protestant Episcopal United Foreign Mission Society. One by Baptist General Convention ; one by Western Mission So ciety. United Foreign Mission Society. Baptist General Convention. Jesuit. Society for Propagating the Gospel, etc. Baptist General Convention. United Foreign Mission Society. Methodist Episcopal Church. The following statement shows the amount paid by the Government to missionaries, and the amount received by them in money, property, stock, etc., from other sources, for the support of schools in the Indian country in the years 1824 and 1825 : 3 Sources from which paid or received. 1824. 1825. From the Government $12 708 48 $13 620 41 From Indian annuities and under provisions of Indian treaties 8, 750. 00 11, 750. 00 From private contributions, in money, property, stock, etc., and including th value of the houses and other improvements on the sites of the re spective institutions 170 147.52 176, 700. 00 Total . . . 191. 606. 00 202, 070. 41 In 1826 the Indian report states : Hundreds of Indian children are turned away for the want of ability on the part of the superintendent to receive them. Numerous applications for assistance, and from the most respectable societies, are now on file in this office, to which it has not been possible to return any other answer than the fund appropriated by Congress is ex hausted. It is recommended that the sum be increased. In order to meet the discour agement arising from the educated children being thrown back into uneducated In dian settlements, it is recommended that sections of land and agriculture and other implements be given them, by which they may earn their living and become an in termediate link between our own citizens and our wandering neighbors, softening the shades of each and enjoying the confidence of both. 4 In 1833 the Indian Commissioner reports concerning the school at Mackinac and Sault Ste. Marie, which had been established ten years, American State Papers, Indian Affairs, Vol. II, p. 459. 2 /&id.p. 587. 3 Ibid., p. 669. 4 American State Papers, second session 19th Congress, Vol. I, pp. 507-508. 166 INDIAN EDUCATION AND CIVILIZATION. that 191 children had been received; 8 had learned mechanical trades . 13 had been engaged as clerks in the Indian trade; 1 was United States Indian interpreter, and none have returned to the forest as hunters. 1 Two years later, two pupils from the same school had gone as teachers among the Indians to the JS'orth, a third had been received as a catechist by the American Board of Missions, a fourth had taken command of a vessel on the lakes, and a sixth was studying medicine. 2 The same year, 1835, the agent of the Delawares and Shawnees writes, he was shown cloth spun and woven, and shirts and other clothing made by : Indian girls. 2 The Indian Commissioner states, that the agents of the several tribes, for whose benefit schools are supported, are required to visit and inspect the schools at least once a year. At these visits a public examination of the pupils is to be made, and the attendance of the military officers and of other citizens requested whenever conven ience will permit. 2 In 1846 the Indian Commissioner reported : The general introduction of manual labor schools among the Indians, and the pur chase of tools and agricultural implements as are necessary for their management and operation, will be attended with much expense, and will require all the funds that are in any way applicable to objects of education. A portion of these funds has here tofore been applied to the education of boys at literary institutions in the various States, and even to the preparation of some of them for the practice of learned pro fessions; and although important advantages have thereby resulted in the diffusion of information among the different tribes, yet it is believed the money can now be more beneficially expended at the homes and in the midst of the Indian people. The prejudices of the red man will be thus more easily overcome, and the benefits extended alike to both sexes of the tribe. 3 In 1848 sixteen manual labor schools, eighty-seven boarding and other schools, were reported in operation, and several additional manual labor schools under contract: two each for the Creeks and Pottawatomies, one each for the Chickasaws, Kansas, and Miamis. The aggregate sum expended for buildings and improvements was $34,000; annual endow ment and maintenance $26,000; in addition to the amounts contributed by missionary societies under whose care they were in general placed. 4 The Indian Commissioner states in 1841) " nearly the whole of the large amount required for the support and maintenance of the schools now in operation is furnished by the Indians themselves out of their na tional funds," 5 and urges that the $10,000 annually appropriated, in ac cordance with the act of 1819, be raised to $50,000. In 1855 the Indian Commissioner made a detailed statement of the money expended for Indian education and civilization. He says : In addition to. the $102,107.14 furnished by the United States, and to the aggre gate of $824,160.61 drawn from the Indian funds, and over $400,000 paid out by the 'American State Papers, first session 23d Congress, Vol. I, p. 188. * Ibid., first session 24th Congress, Vol. I, p. 285. 3 Executive Documents, second session 29th Congress, Vol. I, p. 227. *Ibid., 30th Congress, Vol. I, p. 406. *Ibid., first ses sion 31st Congress, Vol. Ill, Part 2, p. 956. GOVERNMENT SCHOOLS. 167 Indian nations among themselves, that private benevolence in ten years has expended for the Christianization and civilization of the Indian tribes more than $830,000; showing a total outlay for these objects in ten years exceeding $2, 150,000. l The Secretary of the Interior, in his report of 1865, recommends That Congress provide a civilization and educational fund, to be disbursed in such mode as to secure the co-operation and assistance of benevolent organizations. * * * It is believed that all the Christian Churches would gladly occupy this missionary field, supplying a large per cent, of the means necessary for their instruction, and thus bring into contact with the Indian tribes a class of men and women whose lives conform to a higher standard of morals than that which is recognized as obligatory by too many of the present employe's of the Government. 2 By a treaty made with theOsage Indians September 20, 1865, article 2 provided that the proceeds from certain ceded lands were, under the direction of the Secretary of the Interior, to be applied to the educa tion and civilization of Indian tribes residing within the United States.* The fund amounted to $770,179.42. Between the date of the establish ment of this fund and the year 1882, when it became exhausted, a large amount had been expended for educational purposes. 4 In 1868 the Indian Commissioner wrote : Many of the tribes have no schools and are without any religious instruction what ever. * * * The Government should invite the co-operation, in its great duty of protecting, educating, and elevating the race to a higher style of being, of all Chris tian societies or individuals who may be disposed to take part in the work, and should liberally assist in the maintenance of schools and mission establishments. 5 In 1869 the Board of Indian Commissioners recommended in their report that Schools should be established, and teachers be employed by the Government to introduce the English language in every tribe. * * * The establishment of Christian missions should be encouraged, and their schools fostered. 6 On July 15, 1870, $100,000 were appropriated for the support of in dustrial and other schools among the Indian tribes not otherwise pro vided for. 7 By the act of February 14, 1873, 8 so much of the act of March 3, 181 9^ as provided for the appropriation of an annual sum of $10,000 for the civilization of the Indians was repealed. Hitherto the schools had been maintained either wholly by mission aries or jointly with the aid of the Government, with the exception of a few schools supported wholly from tribal funds aud,uuder the charge of United States teachers. About this time strictly Government schools* began to be established; day-schools first, and later boarding-schools, the number increasing with each year. The Indian Commissioner in 1873 says: Instruction in the day-schools merely, except among Indians who are already far along in civilization, is attempted at great disadvantage on every hand. 1 Message and Documents, 1855-36, p. 561. 2 Report of the Indian Commissioner, 1865, p. IV, Extract, Secretary of Interior. 3 United States Statutes at Large, Vol. XIV, p. 687. 4 Report of Indian Commissioner, 1885, pp, LXXIX, LXXX. *Ibid., 1868, p. 2. 6 Ibid , 1869, p. 50. 7 LJuited States Statutes at Large, Vol. XVI, p. 359. 8 Ibid., Vol. XVII, p. 461. 168 INDIAN EDUCATION AND CIVILIZATION. is also well-nigh impossible to teach Indian children the English language when they spend twenty hours out -of the twenty-four in the wigwam, using only their native tongue. The boarding-school, on the contrary, takes the youth under constant care, has him always at hand, and surrounds him by an English-speaking community, and, above all, gives him instruction in the first lessons of civilization, which cau be found only in a well-ordered home. Any plan for civilization which does not provide for train ing the young, ^ven though at a largely increased expenditure, is short-sighted and ex pensive. A large expenditure for a few years in the proper direction will be more economical than a smaller expenditure perpetuated. * * * I most earnestly recom mend that this appropriation for education be made on a scale commensurate with the.urgeut necessities of the case. 1 In this year a medical and educational division was established in the Indian Bureau and continued to 1877. 2 In 1877 the Indian Com missioner states as one of the requisites " to lay the foundations on which to build up * * * civilization, the establishment of the common- school system (including industrial schools) among the Indians, with provision for their compulsory education in such schools." 3 Again, in his Report for 1878, he says : " Experience shows that Indian children do not differ from white children of similar social status and surroundings in aptitude or capacity for acquiring knowledge, and oppo sition or indifference to education on the part of parents decreases yearly, so that the question, of Indian education resolves itself mainly into a question of school facilities." 4 In this year the Indian depart ment at Hampton Institute, Hampton, Va., was started, and the follow ing year the training-school at Carlisle, Pa., was established. 5 In 1880 the Commissioner reports: " Persistent calls for the opening of new schools or the enlargement of those already established come to the office from every quarter. * * * The educational work of the Bureau could have been enlarged to a much greater extent but for the in adequate appropriations made by Congress for the support of schools." 6 In 1881 he writes : Schools for Indians are divided into three classes day-schools and boarding-schools for Indians in the Indian country, and boarding-schools in civilized communities remote from Indian reservations. Although varying greatly in the extent and char acter of their results, each holds its own important place as a factor in Indian civili zation. * * * Exclusive of those among the five civilized tribes, the day-schools during the past year have numbered one hundred and six, and have been attended by four thousand two hundred and twenty-one pupils. * * * Of the one hundred and six schools one is supported by the State of Pennsylvania and twenty-eight are located in and supported by the State of New York as part of its common-school sys tem. * * * The amor.ut. expended last year in the support of these schools was $8,000, and the superintendent asks that on account of the establishment of three new schools another $1,000 be added. New York is also expending about $8,000 a year in the support of an Indian orphan asylum. * * Sixty-eight boarding-schools have been in operation during the year; an increase of eight over last year. They ha,ve been attended by three thousand eight hundred and eighty-eight pupils. * * * Three new school buildings have been completed, furnished, and occupied during the year, eight more are now ready for use, and five are in process of erection. These buildings will give accommodation for ten new schools and additional room, which 1 Report of Indian Commissionert, 1873, pp. 8, 9. 2 Ibid. , 1885, p. LXX VI. 3 Ibid. , 1877, p. 1. * Ibid., 1878, p. XXVI. & Ibid., 1879, p. VIII. 6 Ibid., 1880, p. V. PER CAPITA PROVISION. 169 has been sorely needed, for three old ones. Buildings are needed at nine other agencies for whose sixteen thousand Indians no boarding-schools have yet been fur nished, and where there are now but six day-schools, with accommodations for one hundred and seventy-five pupils. * * * But so long as the American people [as] now demand that Indians shall become white men within one generation the Indian child must have opportunities and come under other influences than reservations can offer. He must be compelled to adopt the English language, must be so placed that at tendance at school shall be regular, and that vacations shall not be periods of retrogres sion, and must breathe the atmosphere of a civilized instead of a barbarous or semi- barbarous community. Therefore, youth chosen for their intelligence, force of char acter, and soundness of constitution are sent to Carlisle, Hampton, and Forest Grove. 1 Under provision of the act of May 17, 1882 The Secretary of the Interior is further authorized and directed to provide for the care, support, and education of one hundred Indian children not belonging to the five civilized tribes in the Indian Territory at any established industrial, agricultural, or mechanical school or schools, other than those herein provided for, in any of the States of the United States, such schools to be selected by him from applications made to him, at a cost not exceeding $167 per annum for each child ; and for this purpose there is hereby appropriated the sum of $17,000, or so much thereof as may be nec essary : Provided, That not more than twenty of said pupils shall be educated in any one State. 3 The Indian Commissioner applied to forty-three agricultural and mechanical schools, endowed by national land grants, stating that The pupils must be cared for during vacations as well as term time, and the sum of $167 is all that is appropriated to cover all the expense of board, clothes, tuition, medical attendance, etc., of an Indian child during twelve months. 3 * * * But one school was prepared to take pupils, and that school could guaranty to instruct the boys only in farming and carpentry. * * * It is evident that a large outlay is necessary to equip institutions for the work required of them, an expenditure for which the Government proposes to make no return, while it fixes the amount to be paid thereafter at less than the average actual cost of supporting and teaching the pupils. No generous response could be expected to such an offer. In this dilemma the various religious societies have come to the help of the Bureau, and have so sup plemented Government aid by private charity that the whole four hundred pupils will be provided for. * * * Concerning school buildings the Commissioner says : The want of suitable commodious buildings continues. Eleven new ones are needed immediately, and ten others should be so enlarged as to double their capacity; yet the whole amount appropriated for erection and repair of school buildings this year is but $25,000 less than the cost of one building erected by private contributions at Hampton for the use of fifty girls. I will not repeat what has been reiterated before as to the impossibility of conducting creditable schools in ill-arranged, ill-ventilated, 4 dilapidated, overcrowded buildings. The act of July 31, 1882, provides That the Secretary of War be, and he is hereby, authorized to set aside, for use in the establishment of normal and industrial training-schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or barracks so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school 1 Report of Indian Commissioner, 1881, l>p732-35. 2 Ibid., 1883, p. XXXIV. 3 Ibid., p. XXXVI. *Ibid., p. 38. 170 ' INDIAN EDUCATION AND CIVILIZATION. so established : Provided, That moneys appropriated, or to be appropriated for general purposes of education among the Indians may be expended, under the direction of the Secretary of the Interior, for the education of Indian youth at such posts, insti tutions, and schools as he may consider advantageous, or as Congress from time to time may authorize and provide. 1 In 1835 the Indian Commissioner writes : The appropriations made by Congress, * * * have been expended in establish ing and supporting schools on the reservations and at other localities within the limits of the States, notably at Carlisle, Pa.; Haskell Institute. Lawrence, Kans. ; Genoa, Nebr., Forest Grove, Oregon ; also at Chilocco, in the Indian Territory. At all of these institutions, as well as at others conducted by private management, as, for instance, the Normal and Agricultural Institute at Hampton, and the Lincoln Insti tute in Philadelphia, and others, a higher grade of instruction and more thorough and complete industrial training is given than is usually afforded at reservation schools. * * * rpj ie g rea t wor k o f educating the Indian must be confined to the industrial schools on the reservations. * * * In the erection of school buildings, for which the Government furnishes money, I believe, from the best sources of infonration at tainable, that the purpose in future should be to apply Government aid in the erec tion of small, rather than large structures, thereby increasing the number of buildings for which the appropriation can be made to provide. * * * It will be the policy of the Bureau, while under its present control, to manage by and through its own appointees all schools which occupy buildings erected with funds furnished by the Government. The Government should manage its own schools, and the different religious denominations should manage theirs separately. * * * But the Govern ment can, and does, fairly and without invidious discrimination, encourage any re ligious sects whose philanthropy and liberality prompt them to assist in the great work of redeeming these benighted children of nature from the darkness of their superstition and ignorance. * * * Since experience and practical demonstration has taught us that the Indian is easily educated, and that he is, like the Anglo-Saxon, a progressive being, capable of the highest mental and moral development, it is the policy of the friends of civilization, as it is of this Bureau, to extend to him the advantages of education as rapidly as it can be practically afforded. 2 - In 1886 tbe Indian Commissioner writes: In * * * my first report * * * I expressed very decidedly the idea that Indians should be taught the English language only. From that position I be lieve, so far as I am advised, there is no dissent either among the law-makers or the executive agents who are selected under the law to do the work. There is not an Indian pupil whose tuition and maintenance is paid for by the United States Govern ment who is permitted to study any other language than our own vernacular. 3 * * * The common day school on the reservation of course is the more economic method, if limited to the immediate outlay of money for the time employed ; but if viewed from the broader standpoint of permanent efficiency and enduring advancement of Indian youth, that plan may justly be challenged for some years to come by the friends of other methods as being not only the least efficient and permanent, but eventually the most expensive. The greatest difficulty is experienced in freeing the children attending day schools from the language and habits of their untutored and often times savage parents. When they return to their homes at night, and on Saturdays and Sundays, and are among their old surroundings, they relapse more or less into their former moral and mental stupor. This constitutes the strongest objection to this class of schools, and I fear that, in many instances the objection is too well founded. But as education and general civilization take deeper hold upon the Indian race the United States Statutes, Vol. XXII, p. 181. 2 Report of Indian Commissioner, 1885, pp. XIII, XIV. 3 Ibid. , 1886, p. 23. SCHOOL STATISTICS, 1885 AND 1886. 171 day school on the reservation will show better results, and must eventually become universal, as are our common schools in the States. At this time, however, after the best examination I can give the subject, I would not advise any diminution of material aid and support to any of the different kinds, of schools now fostered by the Government. All are doing most excellent and effi cient services in their particular spheres, and all are performing a good part in the grand work of educating and civilizing the hitherto untutored Indians. * * * That the Indians are not lacking in appreciation of their educational advantages is shown by the following statistics, which do not include the schools among the five civilized tribes nor the Indians of New York State, nor boarding and day schools supported by religious societies without expense to the Government. 1 885. 1886. Increase Schools. Ko. Average attend ance. No. Average attend ance. in average attend- ance. 84 4 066 85 4 817 751 Day schools under agency supervision 86 1,942 99 2 370 458 7 1 45 7 1 582 157 23 710 9 3 861 151 Total 200 8 143 214 9 630 1 517 In 1886 the superintendent of Indian schools reported : During the current fiscal year provision has been made for the education of three Indian boys and one Indian girl at the following-named institutions : Wayland Semi nary and Howard University, in the District of Columbia; the Woman's Medical College of Philadelphia, Pa., and the Medical Department of the University of Penn sylvania. Indian physicians trained in our medical colleges might render valuable service for their race in destroying the influence of the " medicine-men" and in giv ing instruction in hygienic laws. Such physicians would possess greater influence with them than those now performing this service at the various agencies under Government appointment. 2 On May 20, 1886, Congress enacted the following : Beit enacted by Ihe Senate and House of Representatives of the United States of America in Congress assembled, That the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and in the Military and Naval Schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text-books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States. Sec. 2. That it shall be the duty of the proper officers in control of any school de scribed in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neg lect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. 1 Report of Indian Commissioner, 18d6, p. XXIV. * Hid., p. LXXXIV. 172 INDIAN EDUCATION AND CIVILIZATION. Sec. 3. That no certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory exam ination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and other narcotics upon the human system. 1 The superintendent of Indian schools, in his report of 1886, says: There are upwards of 12,000 Indians children now attending school, exclusive of those attending the schools of the five civilized tribes and those supported by the State of New York. There are at least as many more whose attendance could be readily secured, for which provision should be made at the earliest practicable mo ment. * * * The construction of the necessary school buildings and the expense attending the maintenance of the schools and the supplemental work of settling In dians * * * on lauds * * * will necessitate larger appropriations for a term of years. * * * It should be borne in mind that a large portion of the funds now appropriated and used for educational purposes belongs to the Indians, and is in this way only legally available. Nearly three times as much money is now spent annually by the War Department in keeping the Indians in subjection as is expended in their civilization and educa tion. * * * It is not creditable to us as a nation that so much should be used to keep the Indian in subjection, while so little is expended to improve his condition. 3 By act of Congress, May 17, 1882, 3 the President was authorized to appoint a person to inspect all Indian schools, who is hereby required to report a plan for carrying into effect, in the most economical and efficient manner, all existing treaty stipulations for the education of Indians, with careful estimates for educating youths for whom no such provision now exists, and estimates of what sums can be saved from existing expenditures for Indian support by the adoption of such plan, whose compensation shall not exceed $3,000, which sum is hereby ap propriated for that purpose, and also a further sum of $1,500 for his necessary travelling expenses. In the Indian appropriation act approved March 1, 1883, the title of superintendent is given to the office. 4 Mr. J. M. Haworth was appointed to the office, which he held until his death in March, 1885. In May Mr. John H. Oberly was appointed, but in May, 1886, he resigned, and Mr. John B. Eiley was appointed to the office. In 1888 Mr. Eiley resigned, and in October Mr. Samuel fl. Albro was appointed superintendent of Indian schools. The Indian appropriation act, approved June 29, 1888, provides in section 8 as follows : There shall be appointed by the President, by and with the advice and consent of the Senate, a person of knowledge and experience in the management, training, and practical education of children, to be Superintendent of Indian Schools, who shall, from time to time, and as often as the nature of his duties will permit, visit the schools where Indians are taught, in whole or in part, by appropriations from the United States Treasury, and shall, from time to time, report to the Secretary of the Interior what, in his judgment, are the defects, if any, in any of them in system, in administration, or in means for the most effective advancement of the children in 1 United States Statutes at Large, Vol. XXIV, p. 69. 2 Report of Indian Commis sioner, 1886, p. LXXXVI. 3 United States Statutes at Large, Vol. XXII, p. 68. 4 United States Statutes at Large, Vol. XXII, p. 434. COURSE OF INSTRUCTION. 173 them toward civilization and self-support; and what changes are needed to remedy such defects as may exist; and shall, subject to the approval of the Secretary of the Interior, employ and discharge superintendents, teachers, and any other person connected with schools wholly supported by the Government, and with like ap proval make such rules and regulations for the conduct of such schools as in his judg ment their good may require. The Secretary of the Interior shall cause to be detailed from the einploy6s of his Department such assistants, and shall furnish such facilities as shall be necessary to carry out the foregoing provisions respecting said Indian schools. The general policy of the Department in regard to Indian education is to teach the pupil to speak, read, arid write the English language, to give him a knowledge of arithmetic, geography, and United States his tory, and also to instruct him in farming, the care of stock, and the trades. 1 Girls are to be taught all branches of housekeeping, butter and cheese making, to cut and make and mend garments, to care for the sick, to cook, wash, and iron. 2 A farm and garden are to be connected with each school, 3 and one- half of the school time devoted to industrial training. 4 An evening session is to be held for reading, study, singing, and other exercises. 5 A Sabbath-school or some other suitable service is to be held every Sunday, which pupils are required to attend. 5 Superintendent, ma tron, and employe's are to reside in the boarding-school building. 6 Su perintendents are required to make a monthly report in detail to the agent, showing attendance, progress, health of pupils, and to account for all issues and expenditures made during the month. 7 A contract school is one wherein the Government pays a stated sum for each pupil, and the religious society provides the teachers and pays their salaries and other expenses of the school. The buildings are generally furnished by the society. STATISTICS OF INDIAN EDUCATION. The following statistics are from the Keport of 1885. They are given to present a picture at a definite period, and to show the need of increased rather than diminished appropriations for Indian schools. Not only do the schools already established require each year larger amounts to meet the requirements created by their own work, but there is as yet not sufficient school accommodation for the entire Indian school population. The fact that the Indians are already by law on the threshold of citizenship makes the necessity for more schools and better equipped schools a national need. For later statistics see the reports of the superintendent for Indian schools, and reports of Indian Commis sioner. 1 Regulations of the Indian Department, 184, sees. 500, 502, 503, 504, 517, rule 7. 2 lbid., sec. 517, rules 8, 15, 16, 17. Ub>d., sec. 517, rule 6. *Ibid., sec. 517, rule 5. 6 Ibid., sec. 517, rule gj. 6 /&id., sec. 517, rule 23. 7 Ibid., sees. 509-512. 174 INDIAN EDUCATION AND CIVILIZATION. be 9 Q-S9 1 ; ; ; ; ; ; ; ; I 1 1. 1 I'M [!'! "5 !i 01 : : 10 o . : . : . . t o 8 % ': S S S S o -jnaOT - -UU3AOO OX ^ M| HUM a 05 ' -1= ! 0* 00 0* < 1 i 'looqos M II 1 ' A"q pajBAiJiuo s9joy : : : :::' QO18S08 OO ' O5 O f ^ , N oj , 05 . 1 -t TH | 1-1 r-c rH >J M ... 5

STATISTICS. 175 :|| i i i i i i -8 i 8 : : ::::::: 'i S i : g S i 6 o o p ! oc o r s I i O O O C-J CO .O O -H iM CC OS 10 .S SlOO^, ^ COl^COOS -OS OOCD *bfl r-i OOOrHU. .CO O-*O H rt Tj< t>" TjT 00 .If? CO" r-" 0" g :|| ^COOO.g ^j^J 3 o o o t~ a c 5 1 ||o OOOIMHMO OOOO'S || ." " - - ; || ; ; ; L0 '- II : II ! ' ; ! ! ^ ! ' ' ' 52 . . . || II ' Ml ' : : ' : : : a 5 S S 3 : 2 : S il || :.:;;..; : ; ^ 1 1! ' '. '. ' s > II 5 II S 5DO5OO -SO f5 O ' : :::::" > i (M 7 1 II - co IN o . t~ . ' M a, ft 4 ,_ ^ _ ; ^ c-j 5 || II - IO O O i CO O i- , ^ , * . eaaav jooqas nj sqinoj^ 1 (M O 00 O t- O O i 1 ! ^s uotssipj; ao o t- JO 1 i i i g CO ^ ~3 , A >J Bp : : : : : i 1 ! ; : cj a 'Suipl'BOq d f. ~4 I j II 8 ^ infMIU.If>AOf) "* ... J o 22 89A"o|dra3; * || 0^*0 sj3qot!3'i jo aaqmnx: M ^. C. ^ - - M 6 * 'rr ; ; '. o eo i g 1 i i g III 1 1 : i i C {; ^gt5 C ^ O -H o 33 3^3 'Saipjeoji M ~ ?, Z ir , o !W ,oa ws C c oo C\l O3 <- cc TJ-" bfi t c "6 4 a ; i^i ,j,* i' I |j j Jl 1 | i if -d I EB a i rt : s 1 i j b 'i 1 1 ' t fi.2-^- ^ * bC 1 '5 g^ 1 rS j .- tS a "Z bn 'p * "^ I*! si? 3 ^ j pi j o tq S c ^ o O- C3 M P O ^ 73 p M i t : ! *a r c '. 3 I ! bfl to ti ^ to 5 | | : 1 | o.2 1 % >,P 1 2 S 1 1 -; i 1 i Hi III 1 pq -? - Indians not under agen- o 1 2 INDIAN TEKUITOKY. d Cherokee STATISTICS. 179 r "^ ^ P *> O 180 INDIAN EDUCATION AND CIVILIZATION. (4 fl i ! : : *a s s| "S * -110901 3 g & S O O tf} C i g 1 g g 3 f oo a Srs o -1 -g -uaaAO-0 ox or ^ jooqos m sq^aoj^ . >, I .j? -uoiseiH : ; 5 CO - a : : s 5 9-3 5 | | TOOT^AO i i : CO 7 S a a SnipjBoq c^ t> ; IO (M C ; h3 !}U9niU.I9AO-0 s j S9A*ojdni;hj : -* co oo S OC ; SJ3qOB9^ jo J9qranx. ^ ^ H ^ ** 50 T# CO CS - ^ rH 1 | 8 as i i i 2 S ||1 * 3^3 SnipxBOjj | S : 000 ge ? : S : ! G t i S S 05 oruonBindodtooqos ; | : 1 Vf _ M . ,sa .1 i .5 .a if tc Ed "S'S : ; : >5 ^ h 03 -2 i "S 00 2 * o : ; o i tt c 2 o o c c S ^ ^ : : ?S - 's ^ ^ _o c .5-5 4 M S o ^ : : ; : * ^^ ; : be t JU ' fl b . : i ^ Arapaho Boarding. Cheyenne Boarding Menuonite Buardin (at Agency). (at Cantonment) . Night School Hnv uf.Vi,i1 \4 f 1 C ^ Sacred Heart Missio Boarding. Sac and Fox Boai din AhqfTit.i'ft Sli n w n p, Boarding. Osage Boarding. ... TTnw T?, , aril i iicr Kiovva jind Comancl Boarding. Ww.l,Ua RriOfflinrr A i is s C : = ,| ) C c 1 ? fc, Peoria Day 1 | 1 g J ; | ii I* ^ 7 J 4 4 c !' ^ X tj[; C S* ^ i C 1 ' d i t o pfl H Ml l! o i |i c { '. c i + It .; i! ; Sac and Fox . . . il Kiowa and Com Wip.liit.n. ! 1 * 1 STATISTICS. 181 8 1 3 c ,_, S ^ 00 O CO Tt< ~ 1 -g 1 o o o o cs o 000000 od oo- in ^ S ^ irf O 1 i M - ! S- UE| IT g> II 1 IT Sec 00 I] ; ; : : ; '. 5 <* 05 r* ?A II ! OS II '.'.''.'.'. ^r i t- o O5 C O O 2 II s ! c C T- c s || s S S S S "p.- : ; o II d o 1 II j : - - Oc Q s II s 1 S S .H g 1 7i r 1 g s g II MM;; I 00 t> a 1 1 <<$ * 1 ;;;;;. i. s ii 3 II ------ Cf s 3 I I 1 s S s 1 Eg, 1 M g 's bC ^ 1 bO p 'fe ,1 & | i f' i ; j ; M I. 5 I ^>w^ ^ S" 1 1 J-OB 1 J J 'S I 1 n ^ 1 ! j | . 1 i ! i ! ? j ! Seneca, Shawnee, s o 13 a a S 6 f i i Pawnee Boarding Ponca Boarding H Agency Day.... j a i n i ; i 1 II J ' .2 il ing. No school... 1 s i 1 i l i I r 1 I 1 8 1 ! * ^ 3 ^5 !zi W v^, ^ <** 4 Ponca, Pawnee, and Otoe. O r ^ Sac and Fox * 4 1 c J Great Nemaha. ...do . 4 c * 1 j 1 1 ' *f / ^ N <5 : 2 L i I p >* p. ; : 1 I J 5 i 4 ' CD n .2 2 1 6|, 1 1 Wyandotte Ottawa Oakland or Otoe... Pawnee Ponca lOW Sac and Fox 1 S i 1 I Pottawatom Indians agencies ( 2 1 1 182 INDIAN EDUCATION AND CIVILIZATION. q '891191009 2 snotSi[oa ox II S S S S s s g I : d 1 M g -au9ra -g -OIOAOf) OX || g| g s 1! r- o o oo t- 10 W" 2,041.10 ... 60.00 A*q p9}BAllttl3 83JOY i i : i : 5 || . CO uoissos jooqas nt eq}UOfl[ oo ooo 2 ' 00 IT II ^ I ""* CO ~ -noissij^ o o = 1 m j Jo . : CO CO r- I > f~ || ^^P CO C<1 CO CO i- co M i n__[ij 5 * 'SuipJBoq 1-5 3.no, Leech Lake Boarding. Winnebagoshisli Day A . S : : . : ^a . | d 11 ^ ^ 2 , ^ Si i " |1 4 4 1 MICHIGAN continued. Bay Mills High Islands, Lake Michigan. Good Heart Chippewa County Schoolcraf fc Conntv . . . i |l Leech Lake Winnebagoshish STATISTICS. 183 i i i : 8 CO 01 i ! o ooo o o t> o o SOW .O s 00 i j co" co" x" i 1 S s ^ S Sg g s CO 00 OO O rH iO IO t>> ! 1 i 51 00 t- 1 ii s s co S 1 I K ^ : "" - co *~* 00" co" t^" o- s r co- ^- S h : : : ; M II ; s 8 1 8 3 8 | C Ci C5 94 1 II - s 01 00 00 00 O -H C-l s g o CQ o o g : : i : 5 II ' j s S S3 3 : : , ; i ii : = i 1 : : : j S II : I : : : g 8 LLiJ * o co tn n M ii : IO ; ; ^ ; : ; IQ II ' ' ' '* S II : . II 'n ll : i : * ! : g II i - g * ? II ^ o 1-H || ^ < CO | ~ | rt s II - H i N r-t iH r-l rH (N CO CO B || CO CO CO CO jg IO i O O CO IO CO II " JH i 5 S S | | CO s s i i ! 8 : : : ; : 3 S i g | J ! ' ' ' '. ^ o o > c^i T< 5j s II 8 o : co ^ II CO fH CO ) tc a Ja ^ JNoscnooi Boise Fort Day Vcrmillion Lake Da Fond du Lac Day.. Grand Portage Day 1 Blackfeet Boardin and Day. i j? g cC . 1 1 . 1 . 1 1 . 1 Girls' Boarding H 1 i s l 1 1 1 1 i 1 i ! ill e8 e <0 6 S ^ rG fc v a ,3' oS p< i i*g l 1 ^ i : i ! iji i | : : : '!,,, i.3 : : i Blackfeet Fort Belknap Fort Peck.... 8 3- fe * -3 s ^ 1 1 * O ^ ^ "S g| ||l|l o o , ^ H P5 g : ^ 184 INDIAN EDUCATION AND CIVILIZATION. bC : ; : g 9 enoiS'ngj ox ~s,3 1 * S 5 i P i ; : i || ; -S a3 ' II : - W ao s^ -* N 5* aa9raSo\) : g g 1 -^ ' C r-( Tl 1 89ioiduig; CO N j fo II * 7, CO ^ i sa9qoe9t jo jaqmn^r CO 1 CO S O > ""O i |^| 1* s i! c5 f* . 1 ~ e a So || Sewing and Sewing and 1 es c; c--. s T" 1 bfi fee Op . . ,5 M^, O g) ^ <] ^" H M H S I P c 1 fc il II O ft h C cj O 1 ; *!i - a ^ a ^ C " Agency Boarding Ho Jeinez Day No school . . . s 1 f? cs , ll II - 4 Mescaler carilla. o ' 1 - s PH Reservation. p a "a f ll ' i ll 3 f- > a ' II f b a ^ i 1 S i cies (3,300). 1 NEW MEXICO. Mescalero Apache NTn^nin t? < STATISTICS. 185 g : S : gg j ::::::::::: i : : I I i : g : : I : i 1 So 22 to od od 53 S 2 CO S g |" "^ " ^ Si ^ S 1 :::::::::;:::: ; i CO a | i : : : i &* o o eo w S ;| oo oo oo la :::::::::::::: 1 : : : 1 i i i i i "So : 5 s I ; ; ; ; ; g* S 6 o d o o 1 fc 523 ^ fe ^ .2 .2 .2 .2 .2 I.UJJJ! ^ J >> ^"P* bt^^^^^sa 2 ^^nSrc^ranaj g ^ ^ ^ ^ .g u< a if 1 . o ',3 ^tS ^ P H I'MlliMiiMV \a* 5 ' '3S 5-9 1 '^ '" O ^o^^o^^ooooooo^ ;.< 5 3 ^ H ^ : ^ 1 1 { MiMiMNMM g ' 111 latins o s | : S 1 * 1 1 I 1 I f I ] f J 1 2SS.8,8i3$; u; 4 I* II 186 INDIAN EDUCATION AND CIVILIZATION. ::::::::: q - jnaui -ttWAOf) OX 88 A-q 'looqos : [OOTps ur oooooocoooooooooooooeooo noissiH !J3tU}UOQ : 8 c S BjaqoBaj jo aaqratiji | d 1 I o o 1 ^ 8 -G .2 1 o . rd in o 1 .2 .2 .2 .2 .2 .2 .2 .2 !2 ."2 ^2 ^ C g P_. Q x P^ P^ Q x P^ Q^ PX P^ C-^fi^ fix no ri t>a t"j ^*jr>^ ^rt^tfj^oc^aO^oQ^ ^** &* NEW YOE AHegany STATISTICS. 187 188 INDIAN EDUCATION AND CIVILIZATION. 9 snoi3'ii9J OJQ J II

c 1 a >>_3 ' oo c c p : E t I o ) 1 j 1,. OREGON contin Klamath MnlhAnr d ?: 5 'i a j 02 t Warm Springs... Tnilin.nHTini rniilor cies (800). "S ^ t p -i 1 cies (400). i $! 7 < pi 'JOHY. Chehalis ...... . Niscmallv.,. 3 E 1 S'Kokomish STATISTICS. 189 i 1 : o i : s co -2- -2- TJ< M -2i ci" 3S ' iri Cl * co co rH in e co -* cj >n i- < 10 m -^ ^ CO s : ; ; . CJ ""CJ ^11 o ill rH O es o a: CM !M i-H CJ i-H o II r- ^. cj o o o i-H rH r- S II i : : : : : O || CJ O 00 OO CJ | CJ CJ CJ TX i ; 8 5 m m ill 3 ' ! : : : S : \\ % i 3 j i i B I 8 111 : * * 10 CJ 1 rH .ft (M C. IN iH i-H a || CJ .- cj ^ ^ co 8 i : : : . : S3 3 o : : : : : is t- 8 g eo 1 i j I M s 1 5 t O -H -* 1 <= > d 'c C Ei*J .9 |.9 g O a j 4 c 'G 4 in if- JJi ]r ! ? 5 5 d W) c W O "85 it ii i 1 2 o o o o a 2 .s -g O jr o ^ a. J hi 91 fa tt < ndi 190 INDIAN EDUCATION AND CIVILIZATION. ijuota -IIJOAOQ S S S -H Of OO s w n M Q jj 'Sn'Crt'Sce '3 'Q oP I 3 I H and o ox s g o S 2- fe .S 2 C p p s s 1 1 aT c~~ o" t-~ eo" t-T n c5 co eo tfi s co co co co eo 8 ning, ing. S STATISTICS. 3| - F n o o ^ -j a! PI !|i-i Illll o55 191 192 INDIAN EDUCATION AND CIVILIZATION. School attendance, products raised ~by pupils, stock owned ~by school. 1 In^ew York. On or near res- e rvation s other t h a n those of tfap five civilized tribes. Training schools. Schools in Slates. Total. Pupils attending boarding schools one month or more during the year 130 4 805 1,195 579 6,709- Pupils attending day schools one month or more during the year 892 4 130 5 022 Average attendance ...... 690 5 679 947 334 7 650 Largest average monthly attendance Indians who can read 796 1 765 7,099 17 120 1,041 694 579 9,515 19 579 Indians who have learned to read during the year 87 2 018 152 2 257 Acres cultivated by school children 210 1 981 548 2,739 Bushels of corn raised 1 200 14 923 6 850 22, 973 Bushels of wheat raised .. . ...... 150 3 730 700 4,580 Bushels of oats raised 1 200 7,594 2, 300 11, 094 Bushels of vegetables raised 1,075 26, 348 5,327 32. 750 Melons and pumpkins raised 250 7 628 400 8 278 Bushels of fruit raised 200 634 834 Tons of hay cut 62 1 670 158 1,890 1 200 5 024 510 6 734 Pounds of cheese made . 425 425 Stock owned : Horses 6 154 37 197 Cattle 23 1 401 501 1,925 Swine......... 14 494 18 526 Domestic fowls 50 1 289 1,339 1 Report of Indian Commissioner, 1884, p. 282. Summary of foregoing tables. t a. a A 3 Cost of maintain 1 *1 .2 i 2 2-sl ing schools. ^ P ,Q 'rt 00 a 9 -J3 & Cj y *& ^ H3 O 3 _ ^ a 1 f| i 1 a ji i ^0 H. 1 a l&o 1 |l 1 I 1 1 1 S u 5 S Statistics of total Indian school population, accom modation, teach ers, etc ., de pendent for support upon Government, religious so cieties, and other sources.. Statistics of total school 41, 562 117 8,376 113 5,943 14, 319 366 407 2, 210 $712, OS6. 54 $106, 015 population, accommoda tion, teachers, etc., de pendent for support upon the five civilized tribes and religious societies Statistics of total school 12, 400 19 1,565 201 9,200 10, 765 254 47 62 219, 890. 00 21, 080 population, accommoda tion, teachers, etc., de pendent upon the State of New York and religious societies 1,311 2 130 29 1.326 1,456 37 4 95 17, 512. 00 4,704 55, 273 138 10, 071 343 16, 469 26, 540 657 458 2, 367J 949, 368. 54 131, 799 STATISTICS. 193 1 3* H O O CO O 5 ff S S lOOO? >HT*odo>^CO*C-Ot~-'r-riM'er^"o" < CO ^* N rH VI to -<* i- :is S"| g; ? is f O t OQ CO Tj< s s 1 "p< fi i oo co ^CS^Or-ICOCNlCC S r* JO CO ^S-Sco-S^S- s i o H IS COCOlO^lOO<-'f COC^COOCNL-OCC * -* t- 10 t- COCOOOOCOO(NOOOIOO COOOOOOiOC^lTt*COO>-HO t-iOi-)O^CNO t-r-liH s IP C^ O i i " a 6 S a THCiOCOlOOCOlf OOlOO-*f<OO C5 1 11 r-l a s o" fr l ^ CO rH T- >OrH(MCO0 CO^j s CO SI i 6 Id s * IO lO O IO C | S | 5 3 g c||g " T-T cT 11 i^ll W .5 t> co si 10 o> e OO H C CM t- cs eoiooiOiHooe ^rooooocooc IllgSSlllSSS g g fl 10" CN t-- rH W CO" " ^ r co" " r w" T-T s IS p 1 I c b o 11 i * CO II ' I h o CD l a "3 o -2 c3 " ""< 3 a i i "S I-J CO Arizona . . California Colorado. . ^ . s| IjiiJill 'M d "3 ^ fe 9 .H . pS^HMM^I^ a3-l|^ fl HI Illllf lain "o &c [a "3 H S. Ex. 95 13 194 INDIAN EDUCATION AND CIVILIZATION. Statistics of teachers and employes. No. Salaries. Lowest. Highest. 7 1 3 111 26 25 10 22 5 1 1 51 5 40 46 2 35 6 $720 700 840 300 60 420 600 500 480 300 900 300 300 240 120 120 120 60 $1, 000 700 900 800 900 900 800 1,000 510 300 900 480 500 500 180 480 a 60 Teachers Teachers assistant . . .... Teachers, industrial .......... Teachers, principal . . .. Teachers, superintendent and principal . . .. Teachers Indian ...... . . Cooks Helpers ... a United States Official Register, 1885. STATISTICS. 195 1 8 -2 -2 rt rt g, eJ P p o 1 cr 1 N cr ^ j & o ft o 5 g, 1 a I "rt s ! a & 1 8 4% rt M c a & rt ro ID a C3 G" i rt o o" 03 O J3 o ,Q a S Oi PH .ft .2 o ft 0) rt g o "3 02 ~ M- 4 2 ^ J ,2 of ^a at ^ ro" 1 ,d q 1 ft -^ ft -2 ft A -2 CO o S 1 ^ r2 1 C-a a 1-3 a i-s q <1 *"* n - 1 >^ .r- s> rH k^ tj 03 H PH g PH 1 M W r3 ,4 ^ ,a ^ ^ *j jj ^ O jH V 03 2 x {f r si P a . '^ . . 1 ^ "S g 1 1 Q P 1 1 P P P P .- S a -J g a o O PH O ^ u CM P D S O g g W g 8 S o c^ O (M II 5 X O C5 CO g o 00 o t-^ o oc 1^ S CSJ TH CO t> o c<5 !* t K 0~ "^ CO" cf (eT 10 CO 1-^ *3* r-T ^o=g t- 10 ^ CO 01 3 " ^ O CO CO iH (M r^ t~ CO IM O S3 r^H oo CI 50 S s 01 sr 2 (M 2 ^ N ^ * ; ; ; ; 1 Location. 1 5 Anaheim, Los Angeles County . Middletown, Lake County TanktonCity Jubilee, Peoria County Des Plaines (Feehanville) Wabash, Wabash County. ..:... Houghton, Lee County St. Joseph's, Stearns County . . . Avoca, Murray County Collegeville, Stearns County Clontarf, Swift County Custer County Near Fort Shaw ; ; ; ; ; I ; ; -2 ; \ ; 1 : a : J ; ^ 1 | ^ -5 "S j 2 : 2 j 1 School. ALASKA. rial Training Schoo CALIFOHNIA. irn Boarding School town Training Schi DAKOTA. i Industrial School ILLINOIS. 1 tc .3 1 ry's Training Scho INDIANA. s Manual Labor Sc IOWA. 's Manual Labor In MINNESOTA. icdict's Academy . incis Xavier's Acac m's Institute jl's Industrial Schc MONTANA. ore's Mission :er's Mission B 1 ^ c | 3 09 .- M S 1-5 CM 3 s p ~z n ^ P CO -W *5 4* CO CO CO co co 196 INDIAN EDUCATION AND CIVILIZATION, 1 H O 1 1 a g a p] is a n a to i 9 M p I a t~ ^ torn 1 w- I 1 1 1 W 1 g ft g g 1 s 1 03 JfiS o JM g o 1 1 3 _^ O) CO Th CO o co a . h irf e, 1 il WISCONf erd Inch bC g ^3 1, i il! ill H P] Juniata Ins Carson Coll< Female Sen Oood Sheph Parochial Bi STATISTICS. 197 Statistics of Indian schools, taken from the reports of the Commissioners of Indian Affairs. Tear. s4 ti No. of pupils. Tear. s| &1 No. of pupils. 1819a 1861 162 5 950 1825 38 ,159 1862 75 2 776 1826 40 1,248 1863 89 2 643 1827 40 ,291 1864 47 1 458 1828 40 291 1865 4.R 18 9 9 45 460 1866 fiQ o 070 1830 52 601 1867 90 1831 43 215 1868 d 109 4. fi33 1832 51 979 1869 e 20 1 200 1833 6 58 1 835 1870 60 3 095 1834 1871 . 256 5 981 1835 29 . 1872 260 G 180 1836 52 1 381 1873 285 9 026 1837 1874 345 10 958 1838 46 I 45 1875 qoq 10 501 1839 44 2 104 1876 344 11 328 1840 29 975 1877 330 11 515 1841.... 35 1878 366 12 22 9 1842 52 2 139 1879 354 13 443 1843 1880 393 13 338 1844 45 2 644 1881 383 14 292 1845 58 2 508 1882 391 14 394 1846 1883 / 284 15 118 1847 1884 433 19, 593 1848 . ... 103 3 682 1885 g 261 9 314 1849-60 1886 531 21 231 a First action taken by Congress for Indian instruction was in 1819 and 1824; no statistics. b Five bundled dollars appropriated for erection of sbops. c Statistics imperfect or missing. missioner, 1886, pp. 298-301. ARIZONA SAN CARLOS AGENCY. 211 up the Final Creek to the top of the Final Mountains ; then following the crest of the Final range, " the Cordilleras de la Gila," the "Almagra Mountains," and other mountains bordering the north bank of the Gila River, to the New Mexican boundary near Steeple Rock ; then following said boundary north to its intersection with the south edge of the Black Mesa, the starting point. H. M. ROBERT, Major Engineers. General W. D. WHIPPLE, Adjutant- General Military Division of the Pacific. DEPARTMENT OF THE INTERIOR, BOARD OF INDIAN COMMISSIONERS, Camp Apache, Arizona Territory, September^, 1871. SIR : As the White Mountain region has been set apart by the War Department as an Indian reservation, and there are several bands of peaceably-disposed Apaches, who have for many years lived in this country, who can not be removed without much suffering to themselves, risk of war and expense to the Government, I have con cluded to select the White Mountain Reservation, the boundaries of which were de fined in letter of H. M. Robert, major of engineers, dated Headquarters Military Division of the Pacific, San Francisco, Cal., January 31, 1870, as one of the Indian reservations upon which the Apache Indians of Arizona may be collected, fed, clothed, and otherwise provided for and protected, agreeable to the power conferred upon me at the suggestion of the President by the Hon. Secretary of the Interior, under date July 21, 1871, and supplementary orders July 31, 1871, copies of which are herewith inclosed. Agreeable to your wish that I should name the articles and amount of provisions to be issued, I would suggest that one pound of beef and one pound of corn per capita be issued with salt daily, and sugar and coffee occasionally. Very respectfully, your obedient servant, VINCENT COLYER, Commissioner. Lieut. Col. JOHN GREEN, First Cavalry, U. S. A., Commanding^ Camp Apache, Arizona Territory. DEPARTMENT OF THE INTERIOR, BOARD OF INDIAN COMMISSIONERS, Washington, D. C., November 7, 1871. SIR : Reservations for the roving Apache Indians of New Mexico and Arizona were selected under your instructions of 21st July, 1871, as follows : For the Mimbres and Coyoteros at Tnlarosa Valley, in New Mexico. For the Coyoteros and Chiloccos of Arizona, at Camp Apache, in White Mountains, Arizona. For the Arrivapis and Pinals, at Camp Grant, Arizona. For the Mohave Apaches, at Camp Verde, Arizona. A detailed description of the Camp Apache Reservation, which was established by Major-General Thomas, will be found on file in the War Department. I also requested, with the advice of General Crook and the several post comman ders, that temporary asylums, where the Tontos, Hualapais, and Western band of Apache Mohaves might be protected and fed, should be established at Camp Mc Dowell, Beal Spring, and Date Creek, until such times as the Indians collected there could be removed to the above reservations. Very respectfully, etc., VINCENT COLYER. on. C. DELANO, Secretary of the Interior, Washington, D. C. 212 INDIAN EDUCATION AND CIVILIZATION. DEPARTMENT OF THE INTERIOR, Washington, D. C., November 7, 1871. SIR: I have the honor to transmit herewith a copy of a communication addressed to this Department by the Hon. Vincent Colyer, one of the board of Indian peace commissioners, who recently visited Arizona, wherein he states his views in relation to the Apache Indians, and describes certain tracts of country in Arizona and New Mexico which, during his recent visit to said Indians, he has selected to be set apart as reservations for their use, as authorized to do by orders issued to him before visit ing the Apaches. I have the honor to recommend, in pursuance of the understanding arrived at in our conversation with the Secretary of War on the 6th instant, that the President is sue an order authorizing said tracts of country described in Mr. Colyer's letter to be regarded as reservations for the settlement of Indians until it is otherwise or dered. * * * I would further suggest that the War Department will, for the present, select some suitable and discreet officer of the Army to act as Indian agent for any of the reser vations in Arizona which may be occupied by the Indians, under the order herein contemplated. Such agents will be superseded by persons hereafter appointed by this Department, at such times as the President may hereafter deem proper. Very respectfully, your obedient servant, C. DELANO, Secretary The PRESIDENT. These recommendations were approved by the President as follows: EXECUTIVE MANSION, Washington, D. C., November 9, 1871. Respectfully referred to the Secretary of War, who will take such action as may be necessary to carry out the recommendations of the Secretary of the Interior. U. S. GRANT. And indorsed by General Sherman thus. HEADQUARTERS ARMY OF THE UNITED STATES, Washington, D. C., November 9, 1871. GENERAL : I now inclose you copies of a correspondence between the Secretary of the Interior and War Department on the subject of the policy that is to prevail in Arizona with the Apache Indians. The Secretary of War wishes you to give all the necessary orders to carry into full effect this policy, which is the same that prevails in the Indian country generally, viz, to fix and determine (usually with the assent, expressed or implied, of the Indians concerned) the reservation within which they may live and be protected by all branches of the Executive Government ; but if they wander outside they at once become objects of suspicion, liable to be attacked by the troops as hostile. The three reservations referred to in these papers, and more par ticularly denned in the accompanying map, seem far enough removed from the white settlements to avoid the dangers of collision of interest. At all events, these Indians must have a chance to escape war, and the most natural way is to assign them homes and to compel them to remain thereon. While they remain on such reservations there is an implied condition that they should not be permitted to starve, and our experience is that the Indian Bureau is rarely supplied with the necessary money to provide food, in which event you may authorize the commissary depart ment to provide for them, being careful to confine issues only to those acting in good faith, and only for absolute wants. The commanding officer of the nearest military post will be the proper person to act as the Indian agent until the regular agents come provided with the necessary ARIZONA SAN CARLOS AGENCY. 2 13 authority and funds to relieve them ; but you may yourself, or allow General Crook, to appoint these temporary agents regardless of rank. The citizens of Arizona should be publicly informed of these events, and that the military have the command of the President to protect these Indians on their reserva tions, and that under no pretense must they invade them, except under the leader ship of the commanding officer having charge of them. The boundaries of these reservations should also be clearly defined, and any changes in them suggested by experience should be reported, to the end that they may be modified or changed by the highest authority. After general notice to Indians and whites of this policy, General Crook may feel assured that whatever measures of severity he may adopt to reduce these Apaches to a peaceful and subordinate condition will be approved by the War Department and the President. I am, your obedient servant, W. T. SHERMAN, General. EXECUTIVE MANSION, December 14, 1872. It is hereby ordered that the following tract of country be, and the same is hereby, withheld from sale and set apart as a reservation for certain Apache Indians in the Territory of Arizona, to be known as the "Chiricahua Indian Reservation," viz: Beginning at Dragoon Springs, near Dragoon Pass, and running thence northeast erly along the north base of the Chiricahua Mountains to a point on the summit of Peloncillo Mountains or Stevens Peak range ; thence running southeasterly along said range through Stevens Peak to the boundary of New Mexico; thence running south to the Boundary of Mexico; thence running westerly along said boundary 55 miles; thence running northerly, following substantially the western base of the Dragoon Mountains, to the place of beginning. It is also hereby ordered that the reservation heretofore set apart for certain Apache Indians in the said Territory, known as the "Camp Grant Indian Reservation," be, and the same is hereby, restored to the public domain. It is also ordered that the following tract of country be, and the same is hereby, withheld from sale and added to the White Mountain Indian Reservation in said Territory, which addition shall hereafter be known as the "San Carlos division of the White Mountain Indian Reservation," viz : Commencing at the southeast corner of the White Mountain Reservation as now established, and running thence south to a line 15 miles south of and parallel to the Gila River; thence west along said line to a point due south of the southwest corner of the present White Mountain Reservation ; thence north to the said southwest cor ner of the aforesaid White Mountain Reservation, and thence along the southern boundary of the same to the place of beginning ; the said addition to be known as the "San Carlos division of the White Mountain Reservation," which will make the entire boundary of the White Mountain Reserve as follows, viz : Starting at the point of intersection of the boundary between New Mexico and Arizona with the south edge of the Black Mesa, and following the southern edge of the Black Mesa to a point due north of Sombrero or Plumoso Butte ; thence due south to said Sombrero or Plumoso Butte ; thence in the direction of the Piache Colorado to the crest of the Apache Mountains, following said crest down the Salt River to Pinal Creek to the top of the Pinal Mountains ; thence due south to a point 15 miles south of the Gila River; thence east with a line parallel with and 15 miles south of the Gila River to the boundary of New Mexico ; thence north along said boundary line to its intersection with the south edge of the Black Mesa, the place of beginning. U. S. GRANT. DEPARTMENT OP THE INTERIOR, Washington, D. C., July 30, 1873. Respectfully submitted to the President, with the recommendation that all that portion of the valley of the Gila River in the Territory of Arizona hitherto included 214 INDIAN EDUCATION AND CIVILIZATION. in the San Carlos division of the White Mountain Indian Eeservation, as established by executive order, dated December 14, 1872, lying east of and above the site of old Camp Goodwin, be restored to the public domain, as recommended by the Acting Commissioner of Indian Affairs. B. R. COWEN, Acting Secretary. EXECUTIVE MANSION, August 5, 1873. Agreeable to the above recommendation of the Acting Secretary of the Interior, it is hereby ordered that the land therein described be restored to the public domain. U. S. GRANT. EXECUTIVE MANSION, July 21, 1874. It is hereby ordered that all that portion of the White Mountain Indian Eeservatiou in Arizona Territory lying east of 109 30' west longitude be restored to fche public domain. U. S. GRANT. EXECUTIVE MANSION, April 23, 1875. All orders establishing and setting apart the Camp Verde Indian Reservation, in the Territory of Arizona, described as follows : "All that portion of country adjoining on the northwest side of and above the military reservation of this [Camp Verde] post, on the Verde River, for a distance of 10 miles on both sides of the river to the point where the old wagon road to New Mexico crosses the Verde, supposed to be a distance up the river of about 45 miles," are hereby revoked and annulled ; and the said de scribed tract of country is hereby restored to the public domain. Uf S. GRANT. EXECUTIVE MANSION, April 27, 1876. It is hereby ordered that all that portion of the White Mountain Indian Reservation in Arizona Territory lying west of the folio wing-described line, viz-: Commencing at the northwest corner of the present reserve, a point at the southern edge of the Black Mesas, due north of Sombrero or Pluinoso Butte ; thence due south to said Sombrero or Plumoso Butte ; thence southeastwardly to Chromo Peak ; thence in a southerly direc tion to the mouth of the San Pedro River ; thence due south to the southern boundary of the reservation, be, and the same hereby is, restored to the public domain. U. S. GRANT. Chiricahua Reserve. 1 EXECUTIVE MANSION, October 30, 1876. It is hereby ordered that the order of December 14, 1872, setting apart the follow ing-described lands in the Territory of Arizona as a reservation for certain Apache Indians, viz : Beginning at Dragoon Springs, near Dragoon Pass, and running thence northeasterly along' the north base of the Chiricahua Mountains to a point on the summit of Peloncillo Mountains or Stevens Peak Range ; thence running southeasterly along said range through Stevens Peak to the boundary of New Mexico ; thence run ning south to the boundary of Mexico ~, thence running westerly along said boundary 53 miles; thence running northerly, following substantially the western base of the Dragoon Mountains., to the place of beginning, be, and the same is hereby, canceled, and said lands are restored to the public domain. U. S. GRANT. EXECUTIVE MANSION, January 26, 1877, It is hereby ordered that all that portion of the White Mountain Indian Reservation in Arizona Territory lying within the folio wing-described boundaries, viz : Commenc ing at a point known as corner I of survey made by Lieut. E. D. Thomas, Fifth Cav alry, in March, 1876, situated northeast of, and 313 chains from, flag-staff of Camp 1 Report of Indian Commissioner, 1886, pp. 293, 301. For Executive order of Decem ber 14, 1872, setting apart this reserve, see " White Mountain Reserve." ARIZONA SAN CARLOS AGENCY. 215 Apache, magnetic variation 13 48' east ; thence south 63 34' west, 360 chains, to corner II, post in monument of stones, variation 13 45' east ; thence south 7 5' west, 240 chains to corner III, post in monument of stones, variation 13 43' east ; thence north 68 34' east, 360 chains to corner IV, post in monument of stones, magnetic va riation 13 42' east ; thence north 7 15' east, 240 chains to place of beginning, com prising 7,421.14 acres, be restored to the public domain. U. S. GRANT. EXECUTIVE MANSION, March 31, 1877. It is hereby ordered that all that portion of the White Mountain Indian Reservation in the Territory of Arizona lying within the following-described boundaries, be, aud the same hereby is, restored to the public domain, to wit : Commencing at a point at the south bank of the Gila River, where the San Pedro empties into the same ; thence up and along the south bank of said Gila River 10 miles j thence due south to the southern boundary of the said reservation ; thence along the southern boundary to the western boundary thereof; thence up said western boundary to the place of be ginning. R. B. HAYES. MOQUI RESERVATION. [ Under the charge of the Navajo Agency, New Mexico.] How established. By executive order, December 16, 1882. Area and survey. Contains 2,508,800 acres, 1 of which 10,000 are classed as tillable. 2 Not surveyed. Acres cultivated. Six thousand five hundred acres reported. 3 Tribes and population. The tribe living here is the Moqui. 4 Popula tion, 1,920. 5 Location. Located 90 miles from the junction of the San Juan and the Colorado rivers (south), and about 75 miles east from the point where the Little Colorado Eiver joins its larger namesake. Three of these villages are upon the point of the first or most eastern mesa. Seven miles farther west are three other villages, similarly situated, upon what is locally termed the second mesa, and about 8 miles still farther west is the village of Orabi. 6 Government rations. None reported. j\[ills and employes. None ; no Indian employe's reported. Indian police. None reported. Indian court of offences. None reported. School population and attendance. School population, 512. No school reported. 7 Missionary work. No missionary work reported. Executive order, December 16, 1882. It is hereby ordered that the tract of country in the Territory of Arizona, lying and being within the following described bounda ries, viz : Beginning on the one hundred and tenth degree of longitude west from Greenwich, at a point 36 30' north, thence due west to the one hundred and eleventh degree of longitude, and thence due north to place of beginning, be, and the same is hereby, withdrawn from settlement, and sale, and set apart for the use and occupancy of the Moqui and such other Indians as the Secretary of the Interior may see fit to settle thereon. 8 1 Report of Indian Commissioner, 1884, p. 256. 2 Ibid., p. 304. 3 Ibid., p. 304. *Ilid., p. 256. *Ibid., p. 137. Ilid., p. 136. * IUd., 1886, p. 205. *IMd., 1883, p. 221. CHAPTER VIII. INDIAN EBSERYATIONS OF CALIFOBNIA. The treaty of Guadalupe Hidalgo covered the Territory of Califor nia and the Indians residing there. The policy of the Mexican Government in not recognizing the Indian's right of occupancy seems to have been followed by the United States, as no compensation has been made the California Indians for their lands, except in the establishing and maintaining of certain reserva tions and agencies. On September 28, 1850, Congress provided Three agents for the Indian tribes within the State of California. 1 After these agents were appointed it was found that no appropriation had been made for their salaries and the necessary expenses of their agencies. Their functions as ageats were therefore suspended ; but, as there was an appropriation for negotiating treaties with the Indians in that State, they were constituted commissioners for that purpose. 2 These commissioners were instructed To conciliate the good feelings of the Indians; and to get them to ratify those feel ings by entering into written treaties binding on them towards the Government and each other. 3 A little over a year previously, the Department had authorized an agent to report upon the Indian tribes ; he states : They have an indefinite idea of their right to the soil, and they complain that the pale faces are overrunning their country and destroying their means of subsistance. The immigrants are trampling down and feeding their grass, and the miners are de stroying their fish-dams; for this they claim some remuneration not in money, for they know nothing of its value, but in the shape of clothing and food. 4 When the commissioners arrived in California the Indians, owing to the encroachments of miners and other settlers, had fled to the mountains, leaving behind them their principal stores of subsistence, intend ing to return for them as necessity required. The whites in pursuing the Indians burnt and destroyed all that fell in their way ; consequently, at the time the different treaties were entered into, the Indians of this region wre destitute of anything to subsist upon, even if left to range at liberty over their native hills. Under each treaty they were required to come from the mountains to their reservations on the plains at the base of the hills. 5 Treaties were entered into with eighty or ninety bauds of Indians 6 (none were ever ratified), and a large number of reservations established in different parts of the State in accordance with the following acts of 1854 and LS55. 1 United States Statutes at Large, Vol. IX, p. 519. 2 Report of Indian Commis sioner 1850, p. 10. *Ibid., p. 122. 4 Ibid., p. 92. 5 $Md., 1851, p. 250. *Ibid., p. 9. 216 CALIFORNIA RESERVATIONS. 217 ACTS OF CONGRESS. ACT of Congress making Appropriations for the current and contingent Expenses of the Indian De partment and for fulfilling Treaty Stipulations \vith various Indian tribes, and for other purposes. Approved July 31, 1851. ******* For defraying the expenses and continuing the removal and subsistence of Indians in California, three military reservations in accordance with the plan submitted by the Superintendent of Indian Affairs of that State and approved by the President, the sum of two hundred thousand dollars. * * * And provided, The subagents created by this act shall not exceed one for each res ervation, nor three in all; the said reservations to contain not less than five nor more than ten thousand acres ; and the said superintendent is authorized to apply out of the sum hereby appropriated, not exceeding twenty- five thousand dollars in the ex tinguishment of conflicting titles and rights to said reserved lands at a price not exceeding one dollar and twenty-five cents per acre for a valid and indefeasible title to the land so purchased : And provided, The State of California shall cede the neces sary jurisdiction in such cases with regard to the land so purchased. (United States Statutes at Large, Vol. X, p. 332.) AN ACT making Appropriations for the Current ami ContingentExpenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes, and for other purposes. Approved March 3, 1855. For collecting, removing and subsisting the Indians of California (as provided by law) on two additional military reservations to be selected as heretofore, and not to contain exceeding twenty-five thousand acres each, the sum of one hundred and fifty thousand dollars : Provided, That the President may enlarge the quantity of reserva tions heretofore selected, equal to those hereby provided f>r. * * * (United States Statutes at Large, Vol. X, p. 699.) The difficulty of maintaining so many agencies and the pressure of immigration resulted in the frequent breaking up of a reservation and removal of the Indians. In 1857 the number of reservations was re duced to five Sebastian orTejon, Fresno Farm, Noine-Lackee, Mendo- ceno, and Klamath. 1 Under various pretenses the Indian lands were taken, and even the " reservation teams and farming implements seized." In 1862 an agent writes from one reservation : The settlers have succeeded in destroying a large portion of the small grain, and the corn crop entirely. The corners of the fence had been raised and chunks of wood put in, so that the largest hogs could walk in. Where they had destroyed the t-rops, the Indians were told that there was nothing for them to eat, and that they would have to starve or steal, and that if they did not leave they (the settlers) would kill them. 2 Although " the sentiment of the great mass of the people of Cali fornia, embracing every class in life, was all that the friends of the Indian could desire," 3 serious disturbances occurred in various parts of the State, consequent upon the unsettled status of Indian lands. The act of 1864 was passed to meet these difficulties. AN ACT to provide for the better Organization of Indian Affairs in California. April 8, 1864. [United States Statutes at Large, Vol. XIII, p. 39.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the first day of April, anno Domini eight- 1 Report of Indian Commissioner, 1857, p. 10. 2 Ibid., 1862, p. 311. 3 Ibid., 1856, p. 17. 218 INDIAN EDUCATION AND CIVILIZATION. een hundred and sixty-four, the State of California shall, for Indian purposes, consti tute one superintendency, * * *. Sec. 2. And be it further enacted, That there shall be set apart by the President, and at his discretion, not exceeding four tracts of land, within the limits of the said State, to be retained by the United States for the purposes of Indian reservations, which shall be of suitable extent for the accommodation of the Indians of said State, and shall be located as remote from white settlements as may be found practicable, having due regard to their adaptation to the purposes for which they are intended : Provided, That at least one of said tracts shall be located in what has heretofore been known as the northern district : And provided further, That if it shall be found impracticable to establish the reservations herein contemplated without embracing improvements made within their limits by white persons lawfully there, the Secre tary of the Interior is hereby authorized and empowered to contract for the purchase of such improvements at a price not exceeding a fair valuation thereof to be made under his direction. But no such contract shall be valid, or any money paid thereon until, upon a report of said contract and of said valuation to Congress, the same shall be approved and the money appropriated by law for that purpose : And provided further, That said tracts to be set apart as aforesaid may, or may not, as in the discretion of the Pres ident may be deemed for the best interests of the Indians to be provided for, include any of the Indian reservations heretofore set apart, in said State, and that in case any such reservation is so included, the same may be enlarged to such an extent as in the opinion of the President may be necessary in order to its complete adaptation to the purposes for which it is intended. Sec. 3. And be it further enacted, That the several Indian reservations in California which shall not be retained for the purposes of Indian reservations under the provis ions of the preceding section of this act, shall, by the Commissioner of the General Land Office under the direction of the Secretary of the Interior, be surveyed into lots or parcels of suitable size, and as far as practicable in conformity to the surveys of the public lauds, which said lots shall, under his direction, be appraised by disin terested persons at their cash value, and shall thereupon, after due advertisement, as now provided by law in the case of other public lauds, be offered for sale at public outcry, and thence afterward shall be held subject to sale at private entry, according to such regulations as the Secretary of the Interior may prescribe : Provided, That no lot shall be disposed of at less than the appraised value, nor at less than one dollar and twenty-five cents per acre : And provided further, That said sale shall be con ducted by the registrar and receiver of the land office in the district in which such reservation or reservations may be situated, in accordance with the instructions of the department regulating the sale of public lands. Sec. 4. And be it further enacted, That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint an Indian agent for each of the reservations which shall be established under the provisions of this act, which said agent shall reside upon the reservation for which he shall be appointed, and shall discharge all the duties now or hereafter to be re quired of Indian agents by law, or by rules and regulations adopted, or to be adopted, for the regulation of the Indian service, so far as the same may be applicable. * * * Sec. 5. And be it further enacted, That there may be appointed, in the manner pre scribed by law, for each of said reservations, if in the opinion of the Secretary of the Interior the welfare of said Indians shall require it, one physician, one blacksmith, one assistant blacksmith, one farmer, and one carpenter, who shall receive compen sation at rates to be determined by the Secretary of the Interior, not exceeding fifty dollars per month. Sec. 6. And be it further enacted, That hereafter, when it shall become necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed tinder the direction and control of the General Land Office, and as nearly as may be CALIFORNIA HOOPA VALLEY AGENCY. 219 in conformity to the rules and regulations under whicli other public lands are sur veyed. ###*### Sec. 8. And be it further enacted, That all acts or parts of acts in conflict with the provisions of this act be, and the same are hereby, repealed ; and all offices and em ployments connected with Indian affairs in California not provided for in this act be, and the same are hereby, abolished. Approved, April 8, 1864. During the six years following the passage of the foregoing act, the reservations existing at the present time were established. The In dians of Fresno Farm, and Sebastian military reservation in Tejon Yal- ley, were urged to concentrate upon Tule Eiver reservation. Those at Nome-Lackee and Mendocino, upon Bound Yalley. Hoopa Valley re ceived many of the insurgents of northern California during the wars which followed upon the uprising of the Indians of southern Oregon. There are twenty-six reservations in the State, aggregating 472,492 acres, and the number of Indians under agency control is 5,033. The following is the distribution by counties of Indians in California not on reservations: Sierra, 12; El Dorado, 193; Mendocino, 1,240 ; Shasta, 1,037; Yolo, 47; Tehama, 157; Solano, 21; Lassen, 330; Colusa, 353; Humboldt,224; Marin, 162; Sonoma, 339; Butte, 522; Plumas, 508; Placer, 91; Eapa, 64; Sutter, 12; Amador, 272; Nevada, 98; Lake, 774; total, 6,456.* The total Indian population in California is 11,489. Agencies. Hoopa Yalley Agency, having in charge the Hoopa Yal ley Reservation; Mission Agency, having in charge the twenty-one Mission Indian reservations; Bound Yalley Agency, having in charge the Bound Yalley Reservation ; Tule Biver Agency, having in charge the Tule Biver Beservation. HOOPA YALLEY AGENCY. [Post-office address : Hoopa Valley, Htimboldt County, Cal.] HOOPA VALLEY RESERVATION. How established. By act of Congress, April 8, 1864, and Executive order, June 23, 1876. Area and survey. Contains 89,572 acres, 900 of which are tillable. 2 Out-boundaries surveyed. Area cultivated. The Indians had 200 acres under cultivation in 1884. 3 Tribes and population. The tribes living here are the Hoopa Yalley, Huusatung, Hupa, Klamath Biver, Miskut, Redwood, Saiaz, Sermalton, and Tishtanatan. 4 Total population, 1886, 442. 5 1 Report of Indian Commissioner, 1884, p. 286. 2 Ibid., 1884, p. 304. 3 Ibid. *Ibid., 1886, p. 381. 5 Ibid., 1886, p. 392. 220 INDIAN EDUCATION AND CIVILIZATION. Location. The reservation lies in Humboldt County, and is 12 miles from east to west, and about 11J miles from north to south. The valley from which the reservation takes its name, is a narrow valley through which Trinity Eiver runs in a northerly direction, and contains about 2,500 acres, of which about 900 acres are fit for cul tivation, and 1,000 of a poor quality. The soil is sandy and lies on a bed of gravel, through which the water wastes away, leaving the crops to parch and burn for the want of moisture. The Bald Hills, north of the yalley, comprise perhaps one-fifth of the reservation and aiford some fine pasturage for stock; the other four-fifths, leaving out the valley, is composed of rugged mountains, almost worthless. 1 Government rations. Thirty-three per cent, of these Indians subsisted by Government rations in 1886. Mill and employes. The mill was erected in 1872, 2 but suffered in the general disastrous condition of affairs during the first seven or eight years of the reservation, but was put in order about 1880, 3 and has since done good service. There are no Indian employes reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, amd support: 3 School population, estimated in 1886 95 Day-school accommodation 50 Attendance at day-school 30 Cost to Government $1,974.72 Months in session , 11 The Middletown Training School, Middletown, Lake County, Cal., re ceives twenty of these children from this agency, at a cost to the Gov ernment of $2,982.06. Missionary work. No missionary work reported. Hoopa Valley Reserve. 4 FORT GASTON, CAL., August 21, 1864. By virtue of power vested in me by an act of Congress approved Aprils, 1864, and acting under instructions from the Interior Department, dated at Washington City, D. C., April 26, 1864, concerning the location of four tracts of land for Indian reser vations in the State of California, I do hereby proclaim and make known to all con cerned that I have this day located an Indian reservation, to be known and called by the name and title of the Hoopa Valley Reservation, said reservation being situated on the Trinity River, in Klamath County, Cal., to be described by such metes and bounds as may hereafter be established by order of the Interior Department, subject to the approval of the President of the United States. Settlers in Hoopa Valley are hereby notified not to make any further improvements upon their places, as they will be appraised and purchased as soon as the Interior Department may direct. ;*, AUSTIN WILEY, Superintendent Indian Affairs for the State of California. 1 Report of Indian Commissioner, 1875, p. 220. *Tbid., 1872, p. 412. 3 Ibid., 1886. p. LXXXVIIL 4 Ibid., 1886, p. 301. CALIFORNIA KLAMATH RIVER RESERVATION. 221 For act authorizing the above order see act of Congress April 8, 1864 in the preceding pages, under head of California. A^" ACT to amend-an act entitled "An act to provide for the better organization of Indian Affairs in California." Be it enactea by the Senate and Rouse of Representatives of the United States of America in Congress assembled, That the sum of sixty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of enabling the Secretary of the Interior to pay the settlers in Hoopa Valley, California, for their improvements on the Indian reservation therein : Provided, That before the same or any part of the money hereby appropriated shall be paid, the said improvements shall be appraised by the superintendent of Indian affairs, the Indian agent at said reservation, and the sur veyor-general of California; and if in the opinion of the Secretary of the Interior their appraisement shall be reasonable and shall not in the aggregate exceed the sum herein appropriated, the Secretary is hereby authorized to apply the same, or so much thereof as may be necessary, in payment for the said improvements, taking the proper releases therefor : And provided farther, That the moneys hereby appropriated be re imbursed from the proceeds of the sales of Indian reservations in said State under the provisions of the act to provide for the better organization of Indian affairs in Cali fornia, approved April eighth, eighteen hundred and sixty-four. Approved, March 3, 1865. (United States Statutes at Large, Vol. XIII, p. 538.) EXECUTIVE MANSION, June '23, 1876. It is hereby ordered that the south and west boundaries and that portion of the north boundary west of Trinity River surveyed in 1875 by C. T. Bissel, and the courses and distances of the east boundary, and that portion of the north boundary eastof Trinity River reported but not surveyed by him, viz: "Beginning at thesouth- east corner of the reservation at a post set in mound of rocks, marked 'H. V. R., No. 3' ; thence south 17 west, 905.15 chains, to southeast corner of reservation ; thence south 72 west, 480 chains, to the mouth of Trinity River," be, and hereby are, de clared to be the exterior boundaries of Hoopa Valley Indian Reservation, and the land embraced therein, an area of 89,572.43 acres, be, and hereby is, withdrawn from public sale, and set apart for Indian purposes, as one of the Indian reservations au thorized to be set apart, in California, by act of Congress approved April 8, 1864. (13 Statutes, p. 39. ) 1 U. S. GRANT. KLAMATH EIVER EESERVATION. (No agency.) How established. By Executive order, November 16, 1855. Area and survey. Contains 25,600 acres f 4,000 tillable. 3 Surveyed. Acres cultivated. Not reported. Tribes and population. The tribe living here is theKlamath Kiver. Population, 213. 4 Location. Klamatli Keservation is located on the river of that name, which discharges its waters into the Pacific Ocean twenty miles south of Cresent Citv. 5 Three or four hundred acres cover all the level 1 Report of Indian Commissioner, 1886, p. 302. 2 Ibid., 1884, p. 256. 3 Ibid., 1875, p. 67. 4 Ibid., 1886, p. 394. 6 Ibid., 1856, p. 238. 222 INDIAN EDUCATION AND CIVILIZATION. land along the river; they are situated principally at the site of old >oi>; Terwer, and just opposite on Wakel Flats. Timber is in the greatest abundance and variety, and very fine. From the mouth of the river to Klamath bluffs is a very dense growth of the finest rosewood, which is easy of access. 1 There are no agency statistics for this reservation. School population, attendance, and support. Estimated in 1886 at 50. No school provided. Missionary work. None reported. Executive order. NOVEMBER 10, 1855. SIR : Referring to your communication of the 8th of August last to the Acting Commissioner of Indian Affairs, advising him of the approval by the President of the United States of the recommendation of the Department that it was expedient to ex pend the money appropriated on the 3d of March last for removing the Indians in California to two additional military reservations, I have the honor now to make the following report: On the 15th day of August last the Acting Commissioner inclosed a copy of your letter of the 8th of that month to the superintendent of Indian Affairs in California, with directions to select these reservations from such " tracts of laud adapted as to soil, climate, water privileges, and timber, to the comfortable and permanent accom modation of the Indians, which tracts should be unencumbered by old Spanish grants or claims of recent white settlers," limiting the dimensions of the reserves to within 25,000 acres each, and to report to this office a description of their geographical posi tion in relation to streams, mountain ranges, and county lines, etc., and indicating the same upon a map. A copy of that letter is herewith, marked A. 2 By the last mail from California I have received from Superintendent Thomas I. Henley a report upon this subject, dated the 4th ultimo (a copy of which is herewith, marked B), 2 by which it appears he recommends as one of the reservations aforesaid " a strip of territory 1 mile in width on each side of the Klamath Eiver for a distance of 20 miles." The superintendent remarks upon the character of the country selected and incloses an extract from a report (also herewith, marked C) 2 to him of the 19th of June last, by Mr. S. G. Whipple, which contains in some detail a description of the country selected, habits and usages of the Indians, etc., but no map is furnished. It will be observed from this report of the superintendent that he has deemed it important to continue the employ of an agent and to prepare for raising a crop in order to assure the Indians of the good faith of the Government and to preserve the peace of the country. Considering the great distance of this reserve from the seat of Government and the length of time it necessarily requires to communicate with an agency at the Klamath, it is desirable that some definite action be taken, if practi cable, before the sailing of the next steamer, to leave New York on the 20th instant. I therefore beg leave to ask your attention to the subject, and if you shall be of the opinion from the representations made by the superintendent in California and Mr. Whipple that the selection at the mouth of the Klamath River is a judicious and proper one, that it be laid before the President of the United States for his approval, but with the provision, however, that upon a survey of the tract selected that a suf ficient quantity be cut off from the upper end of the proposed reserve to bring it within the limitation of 25,000 acres, authorized by the act of 3d March last. I inclose also herewith a copy of another letter from Superintendent Henley, of 4th ultimo (marked D) 2 , in which he states, in relation to the other reserve, that it is in tended to locate it " between the headwaters of Russian River and Cape Meudocino." In reference to both of these proposed reserves, and as connected with the means to 1 Report of Indian Commissioner, 1875, p. 67. 2 These documents are not printed in this work. CALIFORNIA KLAMATH RIVER RESERVATION. 223 be used to maintain peaceable relations with the Indians, the superintendent is of opinion that it is of great importance to provide for crops, and that to do so an agent in each instance is necessary. As this last-named selection has not been defined by any specific boundaries, and no sufficient description is given as to soil, climate, and suitableness for Indian purposes, to enable the Department to determine the matter understandingly, of course nothing definite can now be done. But it may not be im proper to consider the subject in connection with the general intent as to the partic ular locality in which it is proposed to make the location. The reserve proposed on the Klamath River and Pacific Coast does not appear from the map of the State of California to be very far removed from Cape Mendocino, or a point between that and Russian River ; and as provision is made only for two reserves in the State other than those already in operation, the question arises whether it should not be situated farther in the interior or perhaps eastern part of the State than the point referred to. The Noorne Lacke Reserve is situated in one of the Sacramento valleys, at about the latitude of 40 north and 122 of longitude west, about the centre of that portion of the State north of the port of San Fran cisco. As, therefore, the proposed Klamath Reserve, being northwest from the Noome Lacke Reservation, would appear to be adapted to the convenient use of the Indians in that direction, the question is suggested whether the other reserve should not be located farther east and north, say, on the tributaries of either Pitt or Feather Rivers. As in the case of the proposed reserve of the Klamath, I am desirous of obtaining your opinion, and that of the President of the United States, with such decision as may be arrived at under the circumstances, in season to communicate the same by the next California mail, for the government of the action of Superintendent Henley. Very respectfully, your obedient servant, GEO. W. MANYPENNY, Commissioner. Hon. R. MCCLELLAND, Secretary of the Interior. NOVEMBER 12, 1855. SIR : I have the honor to submit herewith the report from the Commissioner of In dian Affairs of the 10th instant, and its accompanying papers, having relation to two of the reservations in California for Indian purposes, authorized by the act of 3d March last. The precise limits of but one of the reservations, viz, a strip of territory commenc ing at the Pacific Ocean and extending 1 mile in width on each side of the Klamath River, are given, no sufficient data being furnished to justify any definite action on the other. I recommend your approval of the proposed Klamath Reservation, with the provis ion, however, that upon a survey of the tract a sufficient quantity be cut off from the upper end thereof to bring it within the limit of 25,000 acres authorized bv law. Respectfully, your obedient servant, R. MCCLELLAND, Secretary. The PRESIDENT. Let the reservation be made, as proposed. FRANKLIN PIERCE. NOVEMBER 16, 1855. Mendocino Reservation. 1 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, April 16, 1856. SIR: Referring to the report I had the honor to submit for your consideration on the 10th of November last, relative to the establishment of a military reservation for the 1 Report of Indian Commissioner, 18SG, pp. 302, 304. 224 INDIAN EDUCATION AND CIVILIZATION. benefit of the Indians of northern California, upon both sides of the Klamath River, from its mouth the distance of 20 miles up the same; and to the remarks then made upon the subject of establishing a third similar reservation as proposed by the superin tendent of Indians affairs in California, at Cape Mendocino, or at some point between that place and Russian River, or, as appeared to this office at that time more expedient, farther in the interior and easterly part of the State, I have now respectfully to call your attention again to the subject, and to submit for your consideration the follow ing documents: -. ; * * * * # * From these documents it appears that the section between the Noyo River on the south and Bee-da-loe or Hale Creek on the north, extending from the coast on the west to the Coast Mountains, combines advantages which are not to be found in any of the other locations examined, reference being had to the purposes for which it is required and to the habits and necessities of the Indians. ******* The tract intended for the reservation lies between the south bank of the Noyo River, so as to include that river, and a point 1 mile north of the mouth of Hale or Bee-da-loe Creek, extending eastward from the coast for quantity so as to include the valleys beyond the first range of hills to the Coast Mountains, conforming to their shape. Its geographical position is in Mendocino County, about 170 miles from San Francisco, and 80 miles south of Cape Mendocino, 70 miles northwest of Clear Lake, and about 180 miles from Sacramento City. It is proposed to embrace within the limits of the reservation 25,000 acres of laud. * ****** If upon an examination of the subject you shall come to a similar conclusion, I have respectfully to request that the proposition may be laid before the President of the United States for his approval, and that the superintendent may be enabled to carry out with him, on his return to his post by the steamer of the 20th instant, such de cision as may be made in the premises. Very respectfully, your obedient servant, GEORGE W. MANYPENNY, Commissioner. Hon. R. MCCLELLAND, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, Washington, April 17, 1856. SIR: I have the honor to submit herewith a report from the Commissioner of Indian Affairs of the 16th instant, and accompanying papers, in relation to the establish ment of a military reserve of land for Indians in California, authorized by act of Con gress of the 3d of March, 1855. The tract of country, containing about 25,000 acres, proposed to be selected is in Mendocino County, and fully described in the papers accompanying the Commis sioner's report. Concurring with the Commissioner in his views of the matter, I recommend your approval of the proposed reservation. I am, sir, with great respect, your obedient servant, R. MCCLELLAND, Secretary. MAY 22, 1856. Let the proposed reservation within referred to be made as recommended in letter of Secretary of the Interior of April 17, 1856. FR. PIERCE. (Restored to the public domain by the sixth section of the act of Congress approved July 27, 1868, 15 Stats., 223.) CALIFORNIA MISSION AGENCY. 225 Smith Elver Eeserve. l DEPARTMENT OP THE INTERIOR, OFFICE OF INDIAN AFFAIRS, April 9, 1862. SIR : I have the honor to submit for your consideration a report from Agent Hanson, of February 14, and also his letter, \vith accompanying papers, of February 28, 1862 r relative to the destruction by flood of the Klamath Reservation in California, and the selection of a new reservation in the Smith River Valley, with a map thereof as submitted by him. The report having already been submitted to the Senate Committee on Indian Affairs, and understood to meet their approval, I would respectfully recommend, should it meet with your concurrence, that, the President be requested to cause such portions of the proposed reservation as have been proclaimed for sale, and are not included in the purchases made by Agent Hanson from individuals, to be withdrawn from sale, and that the local land office be instructed to respect the same as an Indian reservation until otherwise ordered. Very respectfully, your obedient servant, WM. P. DOLE, Commissioner. Hon. CALEB B. SMITH, /Secretary of the Interior. [Indorsement.] The lands embraced in the proposed reservation may be withdrawn from sale for the present. C. B. SMITH. MAY 3, 1862. The lands referred to were in townships 17, 18, and 19, lying upon the Pacific Ocean, in Del Norte County. This reserve was discontinued by act of Congress ap proved July 27, 1868 (15 Stats., 221). MISSION AGENCY. [Post-office address : Colton, Cal.] MISSION RESERVATIONS. How established. By executive orders, December 27, 1875 ; May 15> 1870 ; May 3, August 25, September 29, 1877 ; January 17, 1880; March 2, March 9, 1881 ; June 27, July 24, 1882; February 5, June 19, 1883? January 25, March 22, 1886. Area and survey. Contains 161,217 acres; 2 tillable acres not reported. Not surveyed. Three thousand dollars appropriated in 1885 for resur- veying and marking. Acres cultivated. The Indians have under cultivation 5,200 acres. 3 Tribes and population. The tribes living here are the Goahuila, Die- genes, San Luis Key, Serranos, and Tetnecula. 2 Total population, 3,096. 4 Location. At least two-thirds of the whole number live in San Diego County ; nearly all the remainder in the county of San Bernar dino, and a small number in Los Angeles County. They live in about twenty villages, generally on reservations, the nearest being about 30 niiU\s and the farthest about 120 miles from the agency at San Bernar- 1 Report of Indian Commissioner, Ib86, p. 312. *Ibid. t 1884, p. 256. 3 Ibid., p. 304. 4/6ir7. f 188<>, p. 392. 8. Ex. 95 15 226 INDIAN EDUCATION AND CIVILIZATION. dino. 1 Here and there lands have been reserved for the Mission Indians, but its character is such that very little of it is of any practical use, and very few comparatively are living on the land so reserved. 2 Government rations. Two per cent of these Indians subsisted by Gov- <-nimeiit rations in 1886. 3 School population, attendance, and support. 4 Schools in 1886. Accommo dation. Months in session. Average at tendance. Cost to Gov ernment. 35 10 15 $720 40 1 14 60 40 10 26 720 40 6 10 360 40 10 20 720 Santa Ysabel Day 30 2 20 90 A^uti Caliente Day No 1 50 10 25 720 Agua Caliente Day No 2 30 10 11 720 30 10 20 720 La Jolla Day 48 10 28 720 50 10 31 660 Total school population in 1886, 800. Missionary wor It. The missionary work performed during the year w as by the school teachers, with occasional, but few, church services by the Eoman Catholics. 5 Mission Indian Reserves. 6 DEPARTMENT OF THE INTERIOR, January 27, 1870. To the PRESIDENT : The accompanying papers are respectfully submitted to the President, with the request that the following lauds in California be set apart as reservations for the Mis sion Indians in the southern portion of that State, being the San Pasqual and Pala Valleys, and recommended by the Commissioner of Indian Affairs, viz : Townships 12 and 13 south, of ranges 1 east and 1 west, of the San Bernardino meridian, and town ship 9 south, of ranges 1 and 2 west, of the San Bernardino meridian. With great respect, your obedient servant, J. D. Cox, Secretary. January 31, 1870. Let the lands designated in the foregoing letter of the Secretary of the Interior be set apart as reservations for Indian purposes, as therein recommended. U. S. GRANT. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., February 13, 1871. SIR: I have the honor to -call your attention to a report from this office, dated Jan uary 15, 1870, in which was inclosed a letter from J. B. Mclntosh, brevet major-gen eral U. S. Army, and superintendent of Indian affairs for California, dated December 27, 1869, and report of Lieut. A. P. Greene, U. S. Army, agent for Mission Indians in southern California, dated Los Angeles, Cal., December 16, 1869, recommending that San Pasqual and Pala Valleys, in southern California, be set apart as reservations for the Mission Indians of said State. In my report, above referred to, I recommend that the following described lauds 1 Report of Indian Commissioner, 1884, p. 12. 2 Ibid., 1879, p. 13. 3 Ibid., 1886, p, 412. 4 Ibid., p. Ixxxviii. B Ibid., 1884, p. 14. Q Ibid , 1886, pp. 304-8. CALIFORNIA. MISSION AGENCY. 227 should be set apart for said reservations, viz: Townships 12 and 13 south, of ranges 1 east and 1 west, and township 9 south, of ranges 1 and 2 west, of the San Bernardino meridian, California. My recom in en elation, meeting with the approval of the Secretary of the Interior, was forwarded to the President, who, on the 3lst of January, 1870, ordered that the above designated lands should be set apart as reservations for Indian purposes. It appears from the papers transmitted herewith that the citizens of San Diego County protest against the order of the President setting apart said lands for Indian reservations; that the Indians are unanimously opposed to going on said reservations; that citizens have made valuable improvements thereon, and that there are but few Indians on the lands set apart as aforesaid ; that recent gold discoveries have at tracted a large immigration thither; and the opinion of the press, together with other evidence, would indicate that it would be for the best interests and welfare of the Indians, BS well as others, that the order of the President setting apart said lands for Indian purposes should be rescinded. In view of these facts I would therefore respectfully recommend that the order of the President be revoked, and that the aforesaid reservations be again restored to the public domain. Very respectfully, your obedient servant, E. S. PARKER, Commissioner. Hon. C. DELANO, Secretary of the Interior. [First indorsement.] DEPARTMENT OP THE INTERIOR, OFFICE OF INDIAN AFFAIRS, February 15, 1871. Commissioner transmits papers in reference to San Pasqual and Pala Valley Reser vations in southern California, and recommends that the order of the President set ting apart the same be revoked and the lands restored to the public domain. [Second indorsement.] DEPARTMENT OF THE INTERIOR, February 17, 1871, The within recommendation of the Commissioner of Indian Affairs is respectfully submitted to the President, with the request that the order of the Executive for the restoration to the public domain of the lands referred to be given. C. DELANO, Secretary of the Interior. Approved, February 17, 1871. U. S. GRANT. Executive orders ly Presidents Grant, Hayes, and Arthur. December 27, 1875. It is hereby ordered that the following-described lands (San Bernardino base and meridian) in the county of San Diego, Cal., viz : Protrero, including Rincon, Gapich, and La Joya, township 10 south, range 1 east, sections 16, 23, 25, 26, 30, 31, 32, 33, 34, 35, 36, and fractional sections 17, 18, 19, 20, 21, 22, 27, 28, and 29; Coahuila, township 7 south, range 2 east, sections 25, 26, 27, 28, 33, 34, 35, and 36 ; township 7 south, range 3 east, sections 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 ; town ship 8 south, range 2 east, sections 1, 2, 3, and 4; township 8 south, range 3 east, sec tions 2, 3, 4, 5, and 6 ; Capilan Grande, township 14 south, range 2 east, sections 25, 26, 27, 34,35, and 36; township 14 south, range 3 east, sections 31 and 32 ; township 15 south, range 2 east, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 ; township 15 south, range 3 east, sections 5 and 6 ; Santa Ysabel, including Mesa Grande, township 11 south, range 2 east, south half of section 21, northwest quarter, and east half of section 28, and sections 25, 26, and 27 ; 228 INDIAN EDUCATION AND CIVILIZATION. township 11 south, range 3 east, sections 25, 26, 27, 28, 33, 34, 35, 36, and fractional sec tions 29, 30, and 32; township 12 south, range 2 east, sections 3, 10, 14, 15, and frac tional section 13 ; township 12 south, range 3 east, sections 1, 2, 12, and fractional sec tions 3, 4, 10, 11, 13, and 14 ; Pala, township 9 south, range 2 west, northeast quarter of section 33, and north half of the north half of 34 ; Agua Caliente, township 10 south, range 3 east, southeast quarter of section 23, southwest quarter of 24, west half of 25, and east half of 26; Sycuan, township 16 south, range 1 east, section 13; Inaja, township 13 south, range 3 east, northeast quarter of section 35; Cosmit, township 13 south, range 3 east, north half of northeast quarter of sec tion 25 Be, and the same are hereby, withdrawn from sale, and set apart as reservations for the permanent use and occupancy of the Mission Indians in Lower California. May 15, 1876. It is hereby ordered that the following-described lands in San Ber^ nardino County, Cal., viz: Portrero, township 2 south, range 1 east, section 36 ; Mission, township 2 south, range 3 east, sections 12, 13, and 14 ; Agua Caliente, township 4 south, range 4 east, section 14, and east half of southeast quarter and northeast quarter of section 22; Torros, township 7 south, range 7 east, section 2; Village, township 7 south, range 8 east, section 16; Cabezons, township 7 south, range 9 east, section 6; Village, township 5 south, range 8 east, section 19 ; Village, township 5 south, range 7 east, section 24 Be, and the same hereby are, withdrawn from sale, and set apart as reservations for the permanent use and occupancy of the Mission Indians in southern California, in addition to the selections noted and reserved under Executive order dated 27th Decem ber last. May 3, 1877. It is hereby ordered that the following lands, situate in California, viz: Township 10 south, range 1 east, sections 16 and 36, San Bernardino; township- 7 south, range 2 east, section 36; township 14 south, range 2 east, section 36; town ship 11 south, range 3 east, section 36; township 9 south, range 2 west, north half of northeast quarter, section 33, being lands withdrawn from the public domain for the Mission Indians by President's order of December 27, 1875; also, the fallowing: Town ship 2 south, range 1 east, section 36; township 7 south, range 8 east, section 16, be ing lauds withdrawn by President's order of May 15, 1876, for the same purpose, be r and the same are hereby, restored to the public domain. Augustus, 1877. It, is hereby ordered that the following lands in California, to wit: All the even-numbered sections and all the unsurveyed portions of township 2 south, range 1 east; township 2 south, range 2 east; township 3 south, range 1 east; and township 3 south, range 2 east, Sari Bernardino meridian, excepting sections 16 and 36, and excepting, also, all tract or tracts the title to which has passed out of the United States Government. be, and the same hereby are, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes. September 29, 1877. It is hereby ordered that the following-described lands in Cali- for^ia, to wit : All the even-numbered sections and all the unsurveyed portions of township 4 south, range 4 east; township 4 south, range 5 east, and township 5 south, range 4 east, San Bernardino meridian, excepting sections 16 and 36, and excepting also any tract or tracts tlie title to which has passed out of the United States Gov ernment, be, and the same are hereby, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes for certain of the Mission Indians. January 17, 1880. It is hereby ordered that so much of the order of December 27,, 1675, as relates to the Agua Caliente Indian Reservation in California be, and the same is hereby, cancelled. It is also hereby ordered that said order of December 27, 1875, so far as the same CALIFORNIA MISSION AGENCY. 229 relates to the Santa Ysabel Indian Reservation, be, and the same is hereby, cancelled to the following extent, viz : All that portion of sections numbered 25, 26, and 27, township 11 south, range 3 east, lying north of the following line, viz : Beginning on the north boundary line of section 25, township 11 south, rti,nge 3 east, of San Bernardino meridian, at a point 51.59 chains west of the northeast corner of said section 25; thence according to the true meridian south 25^ west, 56.50 chains, to a granite stone marked " P," at the north side of a granite bowlder 8 feet high ; thence south 74 west, 34.60 chains, to a black oak marked "Pxxi"; thence north 56 west, 52 chains, to a granite stone marked "P ?; in stone mound; thence north 39 west, 40.46 chains, to a point on the north bouudary of section 27 ; thence east along the north boundaries of sections 27, 26, and'25, of township 11 south, range 3 east, to the place of beginning. March 2, 1881. It is hereby ordered that the following-described lands in Califor nia, viz : sections 26 and 35, in township 10 south, of range 1 west, and sections 2 and 3, in township 11 south, of range 1 west, of the San Bernardino meridian, be, and the same are hereby, withdrawn from sale and set apart as a reservation for the perma nent use and occupancy of the Mission Indians in California : Provided, That this withdrawal shall not affect any existing valid adverse rights of any party. March 9, 1881. It is hereby ordered that all the uusurveyed portions of township 2 south, range 1 east, San Bernardino meridian, California, excepting any tract or tracts the title to which has passed out of the United States Government, be, and the same are hereby, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes. June 27, 1882. It is hereby ordered that the following-described lands, situated and lying in the State of California, viz : sections numbered 26, 27, 28, 34, and 35, in township numbered 8 south, of range numbered 2 west, of the San Bernardino me ridian, be, and the same are hereby, withdrawn from sale and settlement, and set apart for Indian purposes : Provided, however, That any tractor tracts the title to which has passed out of the United States or to which valid legal rights have attached under existing laws of the United States providing for the disposition of the public do main, are hereby excluded from the reservation hereby created. July 24, 1882. It is hereby ordered that the Executive order dated December 27, 1875, setting aside certain described lauds in the State of California for the use and occupancy of the Mission Indians be, and the same hereby is, cancelled so far as re lates to the northwest quarter of the northeast quarter and the northeast quarter of the northwest quarter of section 34, township 9 south, range 2 west, of the Sail Ber nardino meridian. EXECUTIVE MANSION, February 5, 1883. It is hereby ordered that the following lauds, situate in California, viz: the south east quarter of the northeast quarter, the north half of the southeast quarter, and the southeast quarter of the southeast quarter of section 3, township 12 south, range 2 east, of San Bernardino meridian, being lands withdrawn from the public domain for the Mission Indians by Executive order of December 27, 1875, be, and the same are hereby, restored to the public domain. CHESTER A. ARTHUR. EXECUTIVE MANSION, June 19, 1883. It is hereby ordered that the following-described lands, situate in the State of Cali fornia, San Bernardino base and meridian, viz : section 28, the northeast quarter of the northeast quarter, and lots 1, 2, 3, 4, and 5, of section 31 ; the north half, the southeast quarter, the northeast quarter of the southwest quarter, and lots 1 and 2 of section 32, and the north half of section 33, township 4 south, range 1 east ; section 2, the south half of section 3, the fractional south half of section 4, the fractional north half of section 10, and the fractional northeast quarter of section 9, township 5 south, range 1 east ; the east half of the southeast quarter of section 8, and the 230 INDIAN EDUCATION AND CIVILIZATION. southwest quarter of the southwest quarter of section 9, township 12 south, range 2 east, and sections 10, 11, 14, 15, 22, 23, 28, and 33, township 14 south, range 2 east, be, and the same are hereby, withdrawn from sale and set apart for the permanent use and occupation of the Mission Indians in the State of California: Provided, That this withdrawal shall not affect any existing valid rights of any party. CHESTER A. ARTHUR. EXECUTIVE MANSION, January 25, 1686. It is hereby ordered that the Executive order dated June 27, 1882, setting aside cer tain described lands in the State of California for Indian purposes, be, and the same is hereby, cancelled, so far as relates to lot 2 in section 28, township 8 south, range 2 west, of the San Bernardino meridian. GROVER CLEVELAND. EXECUTIVE MANSION, March 22, 1886. It is hereby ordered that the Executive order dated June 19, 1883, setting apart certain described lands in the State of California for Indian purposes, be, and the same is hereby, cancelled so far as relates to east half southeast quarter, northwest quarter southeast quarter, and southwest quarter northeast quarter, and southwest quarter southeast quarter, southeast quarter southwest quarter, northeast quarter southwest quarter, and southeast quarter northwest quarter, section 28, township 4 south, range 1 east, San Bernardino meridian. GROVER CLEVELAND. EOUND VALLEY AGKENCY. [Post-office address: Covelo, Mendocino County, Cal.] BOUND VALLEY RESERVATION. How established. By act of Congress, April 8, 1864, and March 3 r 1873; and executive orders, March 30, 1870; April 8, 1873; May 18, 1875; July 26. 1876. Area and survey. 102,118 acres, of which 2,000 are classed as till able. 1 Out-boundaries surveyed. Acres cultivated. Five hundred and forty acres cultivated by the In dians in 1884. 2 Tribes and population The tribes living here are the Koukau, 154; Little Lake, 165; Pict Kiver, 23; Potter Valley, 10; Bed wood, 32; Wailakki and Yuki, 215 ; 3 total population, 599. 4 Location. This reservation is in the northeastern portion of Mendo cino County. By actual survey there are 102,118.19 acres included within its boundaries. Deduct from this 3,600 acres of school and other lands, patents to which had been obtaiued before the change of the boundaries in 1873; 1,081) acres claimed as swamplands; and 90,000 acres of grazing lauds in the possession and use of settlers who have never been paid for their improvements. Of the remaining 7,438 acres, 4,938 are rough and mountainous, and 2,500 lying in the valley are capable of cultivation. 5 'Report of Indian Commissioner, 1884, p. 304. 2 Ibid. * Ibid., 1884, p. 256. 4 Ibid., p. 284. *lbid., 1880, p. 8. CALIFORNIA ROUND VALLEY AGENCY. 231 Government rations. Twenty-five per cent, of the Indians were sub sisted by Government rations in 1886. 1 Hill and employes. The saw and grist mill .was started in 1864. In dian apprentices have worked at carpentering, blacksmithing, milling, herding, and office work. Indian police. None reported. Indian court of offences. Established in 1883. School population, attendance, and support? The school population estimated in 1886 as 145 Accommodations (headquarters) day school 40 Accommodations (lower quarters) day school 80 Average attendance (headquarters) day school 34 Average attendance (lower quarters) day school 40 In session (months) 12 Cost to Government (headquarters) , $780. 00 Cost to Government (lower quarters) 780. 00 Missionary work. The Baptist Church has charge, aided by the Woman's National Indian Association. Mound Valley (Nome Cult) Reserve. 3 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, November 18, 1858. SIR : * * * In accordance to your recommendation the Secretary of the Inte rior has directed that the entire Nome Cult Valley shall be retained as a reservation, and you are required, immediately after the receipt of this letter, to give public notice to that effect. ******* Very respectfully, etc., J. W. DENVER, Commissioner. THOMAS I. HENLEY, Esq., Superintendent, etc., San Francisco, Cal. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, January 6, I860. SIR : I have to acknowledge the receipt of your letter of the 31st ultimo, inclosing a diagram indicating the public surveys in Round Valley, California, together with accompanying papers pertaining to allegations respecting an Indian reservation in that valley; and in reply to your inquiry in relation to evidence of the existence of a reserve in that locality, I herewith inclose a copy of a letter from this Office to late Superintendent Henley, of November 18, 1858, from which you will perceive that by order of the Secretary of the Interior the entire valley of Nome Cult, designated by you as the Round Valley, was set apart and reserved for Indian purposes, and Mr. Henley was directed to give public notice to that effect. In regard to the alleged statement of late Superintendent Henley to Deputy Sur veyor Hatch, that he had appropriated a portion of said valley for an Indian farm, but that the same had never been recognized by the Government, I would remark that said valley was selected for Indian purposes by Mr. Henley in 1856 ; and Special Agent A. P. Storms gave it the name of Nome Cult, under the impression that he was Report of Indian Commissioner, 1886, p. 412. 2 I&id.,p.lxxxviii. 3 /6id.,pp. 308-12. 232 INDIAN EDUCATION AND CIVILIZATION. the first discoverer of a new valley. An Indian farm was then established at that point under his supervision, which has been cultivated and improved at the expense of the Government from that period to the present time, and is still held for Indian use. There is a letter on file here, dated May 7, 1858, from the then superintendent, Henley, in which he makes use of the following language in regard to the Nome Cult farm: "This farm seems in a prosperous condition, and bids fair, in my judgment, to be come the best location for the subsistence of Indians we have yet selected." Again, in a letter of the 28th of February last, he called attention to intrusions upon the rights of Indians in this valley, and inclosed, for the information of this Office, a copy of a letter from Special Agent Storms, in charge of the " Round Valley farm." These facts are deemed sufficient to show that the Round Valley has been set apart and recognized by the Department for an Indian reservation ; and I have to request that you will respect the same upon the books of your office, and notify the local office in California accordingly. Very respectfully, your obedient servant, A. B. GREENWOOD, Commissioner. JOSEPH S. WILSON, Esq., Acting Commissioner G-eneral Land Office. (June 21, 1860, the General Laud Office transmitted to this office plat of a survey -of the boundaries of this reserve, certified by the surveyor-general of California May 4, 1860, which showed the reserve as surveyed at that time to be situated in town ships 22 and 23 north, of ranges 12 and 13 west of Mount Diablo meridian, California, .and to embrace 25,030.08 acres.) (For act of Congress April 8, 1864, see preceding pages, under California.) DEPARTMENT OF THE INTERIOR, Washington, D. C., March 30, 1870. SIR : I have the honor to transmit herewith a communication, dated the 4th in stant, from the Commissioner of Indian Aifairs, and accompanying papers, map, etc., recommending the enlargement of Round Valley Indian Reservation, in Mendocino County, Cal., to the extent indicated by the Commissioner and as delineated on the said map. I concur with the Commissioner in the opinion that the Indian service in California requires that all of " Round Valley " be reserved for Indian purposes, and have the lionor to request that said valley be set apart as an Indian reservation as the same is enlarged, in accordance with the report of Superintendent Mclntosh, plat, field- notes, and schedule of lands, marked A, B, and C, which are herewith inclosed. With great respect, your obedient servant, J. D. Cox, Secretary. [Inclosure B.] OFFICE OF THE SUPERINTENDENT OF INDIAN AFFAIRS, CALIFORNIA, San Francisco, February 18, 1870. SIR : I have the honor to inclose to you the field-notes of the recent survey of the Round Valley Indian Reservation. I also forward a proposed description of lands to be set apart for an Indian reservation at Round Valley, Mendocino County, Cal. * * * * * # I am, sir, very respectfully, your obedient servant, J. B. MclNTOSH, Bvt. Maj. Gen., U. :S. A., Supt. of Indian Affairs. Hon. E. S. PARKER, Commissioner of Indian Affairs. CALIFORNIA ROUND VALLEY AGENCY. 233 Jlnclosure C. Proposed description of lands to be reserved for Indian purposes in Eound Valley, Mendocino County, Cal.] All that piece or tract of land situated in Round Valley, Mendocino County, Cal., being a portion of the four townships hereinafter mentioned, namely: Townships 22 and 23 north, range 12 west, and 22 and 23 north, range 13 west. Mount Diablo meridian, and contained within the boundaries hereinafter described. Beginning at a white-oak post the southeast corner section 23, township 23 north, range 13 west, Mount Diablo meridian ; thence south 72 22' west for 5,330 feet (mag netic variation 17 38' east), to a white-oak post; thence south for 3,154 feet, to a white-oak post in stone mound ; thence south 23 east for 2,073 feet, to a white-oak post; thence south 7 35' east for 4,491 feet, to a white-oak post; thence south 37 25' east for 13,324 feet, to a white-oak post on rock mound ; thence south 41 40' east for 4,763 feet, to an oak post in rock mound; thence south 71 20' east for 2,845 feet, to an oak post ; thence south 20 30' east for 4,098 feet, to black-oak tree blazed on four sides 4 feet from the ground ; thence south 80 15' east for 2,730 feet, to a pine tree 100 feet in height, bushy top, blazed as above ; thence south 53 10' east for 937 feet, to a pine tree 20 inches in diameter, forked 10 feet above ground, blazed as above ; thence south 45 10' east for 2,333 feet, to a black-oak tree 30 inches in diam eter, blazed as above ; thence south 72 5S' east for 9,120 feet, to an oak post on high knoll ; thence north 39 33' east for 4,627 feet, to a white-oak tree 30 inches in diame ter, blazed as above; thence north 28 30' east for 2,485 feet, to a pine tree 30 inches in diameter, blazed as above ; thence north 16 42' east for 3,209 feet, to a black-oak tree 32 inches in diameter, and blazed as above; thence north 51 40' east for 3,797 feet, to a white-oak tree 15 inches in diameter, and blazed as above; thence north 23 32' east for 3,053 feet, to a white-oak tree 10 inches in diameter, and blazed as above ; thence north 7 35' east for 6,150 feet, to a white-oak tree 20 inches in diam eter, and blazed as above ; thence north 48 40' east for 1,088 feet, to a pine tree 30 inches in diameter, and blazed as above ; thence north 15 east for 719 feet, to a pine tree 20 inches in diameter, and blazed as above ; thence north 71 25' east for 962 feet, to a forked black-oak 20 inches in diameter, and blazed as above; thence north 15' east for 13,930 feet, to a white-oak 30 inches in diameter, and blazed as above; thence north 53 45' west for 1.678 fiet, to a pine tree 15 inches in diameter, and blazed as above; thence north 45 25' west for 4,616 feet, to a white-oak tree 40 inches in diameter, and blazed as above ; thence north 76 55' west for 3,935 feet, to a white-oak tree 22 inches in diameter, and blazed as above; thence north 81 45' west for 5,670 feet, to a black-oak tree 20 inches in diameter, and blazed as above; thence north 89 15' west for 1,874 feet, to a pine tree 35 inches in diameter, and blazed as above; thence north 83 15' west for 849 leet, to a pine tree 40 inches in diameter, and blazed as above; thence north71 15' west for 1,257 feet, toapine tree 30 inches in diameter, and blazed as above ; thence north 60 40' west for 1,337 feet, to a pine tree 28 inches in diameter, and blazed as above; thence north 52 25' west for 1,530 feet, to a pine tree 30 inches in diameter, and blazed as above ; thence north 64 40' west for 5,525 feet, to a pine tree 35 inches in diameter, and blazed as above ; thence south 78 30' west for 6C4 feet, to a pine tree 30 inches in diameter, and blazed as above; thence north 84 35' west for 3,357 feet, to a pine tree 9 inches in diameter, and blazed as above ; thence north 71 40' west for 3,103 feet, to a pine tree 40 inches in diameter, and near a boulder, and blazed as above ; thence north 87 35' west for 4,482 feet, to a black-oak tree 40 inches in diameter, and blazed as above; thence south 66 20' west for 2,423 feet, to a pine tree 60 inches in diameter, and blazed as above ; thence south 3 37' east for 3,314 feet, to a manderone tree 40 inches in diameter, and blazed as above ; thence south 34 10' west for 9,170 feet, to a white-oak tree 30 inches in diameter, and blazed as above ; thence south 23 10' west for 1,768 feet, to a white-oak tree 50 ipches in diameter, and blazed as above ; thence south 16 50' west for 734 feet, to a pine tree 40 inches in diameter, and blazed as above ; thence south 35 40' west for 993 feet, to a double pine tree 60 inches by 25 inches at butt, 234 INDIAN EDUCATION AND CIVILIZATION. and blazed as above ; thence south 25' west for 409 feet, to a pine tree 32 inches in diameter, and blazed as above ; thence south 61 15' east for 1,046 feet, to a pine tree 40 inches in diameter, and blazed as above ; thence north 48 14' east for 1,347 feet, to a white-oak tree 30 inches in diameter, and blazed as above ; thence north 41 50' for 1,043 feet, to a white-oak tree 25 inches in diameter, and blazed as above ; thence north 32 40' east for 735 feet to point of beginning. The total length of said boundary being 31 miles and 1,039 feet, and including an area of 31,683 acres ; said tract of land being more minutely described in the field- notes and plat of the survey of said tract executed in December, 1869, and January, 1870, under the superintendence of Bvt. Maj. Gen. John B. Mclntosh, U. S. Army, by Brevet Second Lieut. R. U. Vazaro, Corps of Engineers, U. S. Army. WASHINGTON, D. C., March 30, 1870. I hereby order that " Eound Valley," in Mendocino County, Cal., be set apart as an Inxiiau reservation, in accordance with the recommendation of the Secretary of the Interior, as the eaine is delineated on the map accompanying his letter of the 30th March, 1870. U. S. GRANT. AN ACT to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that portion of the Indian reservation in Round Val ley, California, which lies south of the township line running east and west between townships twenty-two and twenty-three north, of ranges twelve and thirteen west of the Mount Diablo meridian, be, and the same is hereby, restored to the public lands of the United States, and the Secretary of the Interior slrall cause the same to be sur veyed and offered for sale in legal subdivisions at not less thau one dollar and twenty- five cents per acre: Provided, That the improvements owned by persons on the lands hereby restored before the passage of this act shall be the sole property of such persons, who shall have priority of right to purchase not exceeding three hundred and twenty acres of laud in adjacent quarter-sections, containing^ and adjoining said improvements, and all said lands shall be sold and disposed of for cash only, the same to be done through the local land office within the jurisdiction of which these lands are situated: And provided further, That the proceeds of the sale of the lands hereby restored, or so much thereof as may be necessary, shall be used to pay for the improvements and claims of settlers now residing within the limits of the new reser vation created under this act and for improvements of Indians on lands hereby re stored to the public lands, after such improvements shall have been appraised and the appraisement approved, as hereinafter provided. SEC. 2. That said township line between townships twenty-two and twenty-three north, extending from the middle fork of Eel River on the east to Eel River on the west, shall hereafter be the southern boundary of the Indian reservation in Round Valley; and the centre of the middle fork of Eel River shall be the eastern bound ary, and the centre of Eel River shall be the western boundary of said reserva tion, with the privilege of fishing in said streams. And the Secretary of the Interior is hereby authorized and directed to appoint three commissioners who shall proceed to make an examination of the country in that locality, and report their views in re gard to where the northern line of this reservation should be located ; they shall also make an appraisement of all improvements of white persons north of said southern boundary of the reservation, as established by this section of this act, within the limits proposed by them for a reservation, and of all Indians south of said line, and report the same to the Secretary of the Interior, who shall cause the same to be paid to such settlers or Indians out of the money hereinbefore reserved for such purpose. CALIFORNIA ROUND VALLEY AGENCY. 235 SEC. 3. That immediately after the passage of this act the President shall cause to be withdrawn from sale or entry under the homestead and pre-emption laws all the laud lying north of the southern boundary of the reservation as herein denned, and. bounded north by the Eel River and the north fork of said river, east by the middle fork, and west by Eel River ; and the report of said commission fixing the north boundary of said reservation shall have been approved; and all settlers now residing upon the tract herein described lying north of the south boundary of the said reser vation shall be required to remove therefrom as soon as they shall be paid for or tendered the amount of the appraised value of their improvements. SEC. 4. That there shall hereafter be appropriated, out of any money in the Treas ury of the United States not otherwise appropriated, the sum of five thousand dollars, or so much thereof as may be necessary, for the purposes of defraying the expenses of the commission provided for in this act. Approved, March 3, 1873. l DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, March 29, 1373. SIR : I have the honor to invite your attention to the terms of an act of Congress approved March 3, 1873, entitled <( An act to restore a part of the Round Valley Indian Reservation in California to the public lapds, and for other purposes." Section 2 of said act provides " that said township line between townships 22 and 23 north, extending from the middle fork of Eel River on the east to Eel River on the west, shall hereafter be the southern boundary of the Indian reservation in Round Valley, and the centre of the middle fork of Eel River shall be the eastern boundary, and the centre of Eel River shall be the western boundary of said reservation, with the privilege of fishing in said streams." Section 3 of the same act further provides u that immediately after the passage of this act the President shall cause to be withdrawn from sale or entry under the home stead and pre-emption laws all f be land lying north of the southern boundary of the reservation as herein defined, and bounded north by the Eel River and the north fork of said river, east by the middle fork, and west by Eel River." * * * In compliance with the provisions of said act, I have the honor to recommend that the President be requested to issue his order, directing that the tract of country de scribed in said section 3 thereof be withdrawn, and reserved from sale or entry as pub lic lands until after the report of the commissioners appointed to fix the northern boundary of said reservation shall have been received and approved. Very respectfully, your obedient servant, H. R. CLUM, Acting Commissioner. The Hon. SECRETARY OF THE INTERIOR. DEPARTMENT OF THE INTERIOR, Washington, D. C., April 8, 1873. SIR : I have the honor to hand you herewith a letter dated the 29th ultimo, from the Acting Commissioner of Indian Affairs, wherein it is recommended that an order be issued by the Executive directing that the tract of country described in the third section of the act approved March 3, 1873, entitled "An act to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other pur poses," be withdrawn and reserved from sale and entry as public land until the re port of the commissioners appointed under said act to fix the northern boundary of said reservation, etc., shall have been received and action had thereon. 1 United States Statutes at Large, Vol. XVII, p. 633. 236 INDIAN EDUCATION AND CIVILIZATION. The recommendation of the Acting Commissioner is approved, and I have respect fully to request that an order may be issued setting apart the lands referred to for the purpose named. I have the honor to be, sir, your obedient servant, C. DELANO, Secretary. To the PRESIDENT. EXECUTIVE MANSION, April 8, 1873. Let the lands described in the third section of the act of 3d March, 1873, for the restoration to market of apart of the Round Valley Indian Reservation in California, be withdrawn from sale and entry, as recommended in the within letter of the Hon orable the Secretary of the Interior of this date. U. S. GRANT. EXECUTIVE MANSION, May 18, 1875. Whereas an act of Congress entitled "An act to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other purposes," ap proved March 3, 1873 (Statutes at Large, Vol. XVII, p. 633), defines the south, east, and west boundaries of said reservation, and authorizes and directs the Secretary of the Interior to appoint a commission to report its north boundary, and said commis sion having made their report, which was approved by the Secretary of the Interior August 4, 1874, I hereby order and proclaim the following as the boundaries of the Round Valley Indian Reservation in California, conformable to said act of Congress, viz : Beginning for the same at a point in section 36 of township 23, range 12 west, Mount Diablo meridian, where the township line crosses Eel River, being at a point about 80 rods west of the southeast corner of said township and section ; thence fol lowing the courses of Eel River up said stream, in the centre thereof, to a point where the same is intersected by a stream known as Williams Creek or Bland Mountain Creek; thence following up the centre of said creek to its extreme northern source ou the ridge dividing the waters of said creek from the waters of Hall's Canon or Creek, a tributary to the north fork of Eel River, at the foot of Bland Mountain, crossing said dividing ridge at a point on a line where a small white-oak tree and a cluster of arbor-vitte trees are branded with the letters " U. S. R. ;" thence in a di rect line to the centre of said Hall's Canon or Creek; thence following down the centre of the same to its intersection with the north fork of Eel River ; thence down the centre of said north fork to its intersection with the main fork ; thence following up the main fork of the Eel River, in the centre thereof, where the township line be tween townships 22 and 23 north, range 13 west, would intersect said river if pro duced; thence east along said township line through ranges 13 and 12, to the place of beginning. U. S. GRANT. EXECUTIVE MANSION, July 26, 1876. The military reservation in California known as Camp Wright, embracing the west half of section 1 and east half of section 2, township 22 north, range 13 west, and con taining 1 mile square of land, be the same more or less, having been, with its build ings, improvements, etc., relinquished by the War Department, the Executive order of April 27, 1889, creating said military reservation was revoked and the said tract of land, with its buildings, improvements, etc., withheld from public sale and reserved for the use and occupancy of the Indians located on the Round Valley Reservation, as an extension thereof, until otherwise ordered. U. S. GRANT. CALIFORNIA TULE RIVER AGENCY., 237 TITLE EIVER AGENCY. [Post-office address: Porterville, Tiflare County, CaL] TULE RIVER RESERVATION. How established. By Executive order January 9 and October 3, 1873,, and August 3, 1878. Area and survey. Forty-eight thousand five hundred and fifty-ane acres, of which 250 acres are tillable. 1 Outboundaries surveyed. Acres cultivated. Two hundred and twenty acres cultivated by the Indians in 1S84. 2 Tribes and population. The tribes living here are the Kawai, King's- River, Monache, Tehon, Tule, and Wichumni. 3 Total population re ported in 1884, 6S3. 4 Location. Located on South Tule River, in Tulare County. The original Executive order embraced 91,837 acres. In 1878 the reserva tion was reduced by Executive order to 48,551 acres, of which not more than 250 acres can be used for farming purposes. Almost the entire tract is a rough, mountainous district, and one-half of A, too rugged and rocky for even grazing purposes. The eastern portion abounds in good sawing timber, but so inaccessible that it can never be available to the Indians for the manufacture of lumber, as too much capital will be re quired in the construction of a road to these pineries. 5 Government rations. None reported in 1886. Mills and employes. A griot-mill is in operation, but no ludian em ploye's are reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. Estimated in 1886 as 19- No school. Missionary work. None reported. Tule Ewer Reserve* DEPARTMENT OF THE INTERIOR, Washington, D. C., January 9, 1873. SIR : I have the honor to submit herewith a letter from the Acting Commissioner of Indian Affairs, dated the 3d instant, requesting the setting apart for the use of the Tule River, King's River, Owen's River, Manche Cajon, and other scattering bands of Indians in California, a tract of land described as follows : Commencing on the South Tule River, 4 miles below the Soda Springs on said river, running thence north to the ridge of mountains dividing the waters of the South Tule and Middle Tule ; thence east on the dividing line 10 miles ; thence south to the ridge dividing the waters of South Tule River and Deer Creek; thence west on said ridge 10 miles j thence north to the place of beginning ; the said described tract of country being about 10 miles long and 6 miles wide. The request of the Acting Commissioner meets the 1 Report of Commissioner of Indian Affairs, 1884, p. 304. 2 Hid. * Ibid., p 25. 4 Ibid., p. 284. 6 Ibid., 1880, p. 10. Ibid., 1886, p. 313. 238 INDIAN EDUCATION AND CIVILIZATION. approval of this Department, and I respectfully recommend that an order be issued by the Executive setting apart the lands referred to for the purpose indicated. 1 have the honor to be, your obedient servant, B. R. Co WEN, Acting Secretary. EXECUTIVE MANSION, January 9, 1873. Let the lands described in the within letter be set apart as a reservation for the bands of Indians in California therein named, agreeably to the recommendation of the*Acting Secretary of the Interior. U. S. GRANT. EXECUTIVE MANSION, October 3, 1873. It is hereby ordered that the following tract of country be, and the same is hereby, withheld from sale and set apart as a reservation for the Tule River, King's River, Owen's River, Manche Cajou, and other scattered bands of Indians in the State of California, to be known as the "Tule Kiver Indian Reservation," this being in lieu of the reservation set apart for those Indians by Executive order dated the 9th of Janu ary last, which is hereby cancelled : Commencing on the south fork of Tule River, 4 miles below the Soda Springs, on said river; running thence north to the ridge of mountains dividing the waters of the North Fork and Middle Fork of Tule River ; thence on said ridge easterly, extending if necessary to a point from which a line running due south would intersect a line running due east from the place of begin ning, and at a distance of 10 miles therefrom ; thence from said point due south to the ridge, extended if necessary, dividing the waters of the South Fork of Tule River and Deer Creek ; thence westerly on said ridge to a point due south of the place of beginning ; thence north to the place of beginning. CJ. S. GRANT. By the Executive order of August 3, 1878, all that portion of the Tule River Indian Reservation lying within the following boundary, viz : Commencing at a place where a line running due north from a point on the South Fork of the Tule River, 4 miles below the Soda Springs on said River, crosses the ridge of mountains dividing the waters of the South Fork and Middle Fork of Tule River; thence north to the ridge of mountains dividing the waters of the North Fork and Middle Fork of Tule River ; thence on said ridge easterly to a point from which a line running due south would intersect a line running due east from the place of beginning and at a distance of 10 miles therefrom ; thence from said point due south to tlie ridge of mountains dividing the waters of the South Fork and Middle Fork of Tule River; thence westerly on said ridge to the place of beginning, was restored to the public domain. YUMA RESERVATION. [ Under the charge of Colorado River Agency, Arizona.] How established. By Executive order, January 9, 1884. Area and survey. Contains 45,889 acres. 1 Surveyed. Acres cultivated. Not reported. Tribes and population. The tribe living here is theYuma; popula tion, 930. 2 Location. Situated on the west bank of the Colorado River and form ing the south east corner of the State of California. Government rations. Not reported separately from the agency. Mills and Indian, employes. None reported. Indian police. None reported. 1 Report of Indian Commissioner, 18d4, p. 256. 3 /6id., p. 284. CALIFORNIA TULE RIVER AGENCY. 239 Indian court of offences. None reported. School population and attendance. School population as estimated in 1886, about 100; boarding and day school accommodation, 200 board ing and 100 day ; average attendance, 29 ; ten months' session; cost to Government, S^OGG.SO. 1 Missionary work. No missionary work reported among these people. Yuma Reserve.' 2 EXECUTIVE MANSION, July 6, 1883. It is hereby ordered that the following-described tract of country in the Territory of Arizona, viz, beginning at a point in the channel of the Colorado River, opposite the mouth of the Gila River, thence up the channel of the Gila River to the range line (when extended) between ranges 19 and 20 west of the Gila and Salt River meridian; thence north on said range line to the first standard parallel south; thence west on said parallel to the channel of the Colorado River; thence down the channel of said river to the place of beginning, be, and the same is hereby, withdrawn from settlement and sale and set apart as a reservation for the Yuma and such other Indians as the Sec retary of the Interior may see fit to settle thereon: Provided, however, That any tract or tracts included within the above-described boundaries to which valid rights have attached under the laws of the United States are hereby excluded from the reserva tion hereby made. CHESTER A. ARTHUR. EXECUTIVE MANSION, January 9, 1884. In lieu of an Executive order dated July 6, 183, setting apart certain lands in the Territory of Arizona as a reservation for the Yuma.Indians, which order is hereby cancelled, it is hereby ordered that the folio wing- described tract of country in the State of California, except so much thereof as is embraced' within the Fort Yuma Military Reservation, viz, beginning at a point in the middle of the channel of the Colorado River due east of the meander corner to sections 19 and 30, township 15 south, range 24 east, San Bernardino meridian; thence west on the line between sec tions 19 and 30 to the range line between townships 23 and 24 east; thence continu ing west on the section line to a point which, when surveyed, will be the corner to sections 22, 23, 26, and 27, in township 15 south, range 21 east; thence south on the line between sections 26 and 27, in township 15 south, range 21 east, and continuing south on the section lines to the intersection of the international boundary, being the corner to fractional sections 34 and 35, in township 16 south, range 21 east; thence easterly on the international bouudary to the middle of the channel of the Colorado River; thence up said river, in the middle of the channel thereof, to the place of be ginning, be, and the same is hereby, withdrawn from settlement and sale and set apart as a reservation for the Yuraa and such other Indians as the Secretary of the Interior may see fit to settle thereon : Provided, however, That any tract or tracts in cluded within the foregoing-described boundaries to which valid rights have at tached under the laws of the United States are hereby excluded out of the reserva tion hereby made. It is also hereby ordered that the Fort Yuma Military Reservation before mentioned be, and the same is hereby, transferred to the control of the Department of the In terior, to be used lor Indian purposes in connection with the Indian reservation estab lished by this order, said military reservation having been abandoned by the War Department for military purposes. CHESTER A. ARTHUR. 1 Report of Indian Commissioner, Itibb', p. Ixxxviii. 2 Ibid., 16b6, pp. 313-314. CHAPTER IX. INDIAN BESEBVATIONS OF COLORADO. The provisions of the treaty of Guadaloupe Hidalgo extend over the Indians of this State. That part of the lands ceded by Mexico covering the present States of Colorado and Nevada and the Territories of Utah and Wyoming were in 1850 formed into the Territory of Utah. The Indians claiming this land were the several tribes of Utes and the Shoshones who lived west of the Rocky Mountains. East of that range the Cheyenne and Arapahoes claimed the territory north of the Arkansas River, and the Kiowas and Comanches the region to the south of the river. It is stated of the Pai-Utes that when the first emigrant company passed through their territory in 1047 en route to California these In dians had " wheat and corn fields, and the company would have fared badly but for the wheat, corn, peas, and beans purchased from the Indians." 1 In 1849 a treaty was made with the Ute Indians at Santa Fe, N. Mex., 2 and in 1850 an agent was dispatched from the Indian Department to investigate the condition of these Indians. 3 By the act of February 27, 1851, one agent was authorized for Utah Territory, and the laws regulating trade and intercourse extended over the Indians of that region. 4 The stream of emigration flowing towards California demanded pro tection, and in accordance with the treaty of 1849 military reservations and agencies were established. They were needed not only on account of the encroachments of Mormon settlers upon the best lands, to the dissatisfaction of the Indians, w r ho often avenged their wrongs upon the innocent, but because of a set of traders called " Freemen," a "mixture of all nations," "who settled around and among the Indians; some marrying among them," and who "induced the Indians to drive off the stock of emigrants, so as to force them to purchase of the ' Free men ? at exorbitant prices ; and, after the emigrants had left, made a pretended purchase of the Indians for a mere trifle, and weie ready to sell again to the next train, which may have been served in the same manner." 5 1 Report of Indian Commissioner, 1859, p. 366. 2 United States Manites at Large, Vol. IV., p. 984. 3 Report of Indian Commissioner, 1850, p. 12. 4 United States Statutes at Large, Vol. IV., p. 587. 5 Report of Indian Commissioner, 1851, p. 184. 240 INDIAN RESERVATIONS OF COLORADO. 241 Farms were opened for the Indians at Twelve-mile Creek, in the north east portion of the present Territory of Utah, at Corn Creek, towards the western part, and at Spanish Fork, near Utah Lake. 1 At these points and in the valleys scattered along the south-western part of the Territory the Indians were reported to be industrious and willing to learn. 2 The agent writes in 185G of a band living on the Santa Clara Eiver : I visited several of their little farms or patches, * * * where their corn was 2 feet high, which had been planted in land prepared with no other implement than a rough stick taken from the cottonwood tree, and hewn with a knife something in the shape of a spade. One instance I will mention, which shows the industry and perse- verence of this band. One of the chiefs, Que-o-gan, took me to his farm and showed me the main irrigating ditch to convey the water from the river on his land, which I found to be half a mile long, 4 feet wide, 4 feet deep, and had been dug principally through a gravel bed with wooden spades, similar to the one before mentioned, and the dirt thrown out with their hands, the last being performed by the squaws and children, while the men were employed in digging. He also showed me a dam, con structed of logs and brush-wood, which he had made to turn a portion of the water from the river and convey it to his farm through this ditch. * * * I saw others of a similar kind, but these I have noticed more particularly to show that, with proper assistance from the General Government, these Indians could in a few years be taught the arts of civilized life, and would depend upon their own labor for a support ; and I am well persuaded that this course would be most economical and best adapted to their wants. * * * The Piede Indians have been much diminished of late years by the cruelty practiced towards them by the Utahs in stealing their squaws and children and selling them as slaves to other tribes, as well as to the Mexican people. 3 In 1859 the Indian Commissioner states, concerning the Utes : The whites are in possession of most of the little comparatively good country there is, and the game has become so scarce as no longer to afford the Indians an adequate subsistence. They are often reduced to the greatest straits, particularly in the winter, which is severe in that region, and when it is no uncommon thing for them to perish of cold and hunger. Even at other seasons numbers of them are compelled to sustain life by using for food reptiles, insects, grass-seed, and roots. Several farms have been opened for the benefit of the Indians in different localities, and many of them have manifested a disposition to aid in the cultivation of the land ; but, unfortunately, most of the crops were this year destroyed by the grasshopper and other insects. Many of the numerous depredations upon the emigrants have doubtless been committed by Indians in consequence of their destitute and desperate condition. They have at times been compelled to either steal or starve, but there is reason to be apprehended that in their forays they have often been only the tools of the lawless whites residing in the Territory. * * * That this was the case in the atrocious and dreadful massacre at Mountain Meadow in September, 1857, the facts stated in the report of the superin tendent in regard to that occurrence leave no room for doubt. 4 Some of the Utes living in that part of Utah Territory, now covered by the State of Colorado, joined certain bands of the Jicarilla Apaches, who lived in the mountains lying between Santa Fe, Taos, and Abi- quiu, 5 in a desultory warfare; these met with a severe defeat after a vigorous campaign, and treaties of peace were made in 1855, with the 1 Report of Indian Commissioner, 1856, p. 225. *Ibid., p. 233. ' Ibid., pp. 234, 235. 4 Ibid. , 1859, pp. 21, 22 G Ibid. . I860, p. 159. S. Ex. 95 16 242 INDIAN EDUCATION AND CIVILIZATION. Ka-poti and Manchi bands of Utes. "Each treaty containing a stipu lation requiring the Indians to cultivate the land assigned to them." 1 In 1856 the Indian Commissioner writes, "The Utes are quietly awaiting the ratification of the treaties concluded with them, and will commence farming whenever permanent homes are assigned them." 2 Meanwhile they suffered from war parties of Kiowas and Indians of the Arkansas Kiver. 3 Until 1861 the agency for the Southern and Eastern Utes was at Taos, N. Mex., and the yearly presents voted by Congress were distributed at Abiquiu or Conejas. 4 The failure to ratify the treaties and to assign reservations to these Indians prevented their having an agent with them and receiving encouragement to cultivate the soil. 5 Meanwhile the unsettled state of the country, owing to the refusal of the Mormons to permit any military occupation, and the dis covery of gold in the mountains of California, brought on conflicts be tween the Indians and the prospectors who killed the game or drove it from the country, 6 while Mormon missionaries, who in 1856 had been sent by the semi-annual conference of Latter-Day Saints to the Lamon- ites, as the Indians were termed, sought to bind the Utes to the Mor mon cause. 7 In 1861 the Territory of Utah was divided, and Colorado and Nevada organized. The only Indian reservation remaining in the State is the Southern Ute, having an aggregate area of 1,094,400 acres. SOUTHERN UTE AGENCY. [Post-office address, Ignacio, La Plata County, Colo.] UTE RESERVATION. How established. Established by treaties of October 7, 1863 ; March 2, 1868; act of Congress, April 29, 1874 5 executive orders, November 22, 1875; August 17, 1876; February 7, 1879 ; August 4, 1882, and act of Congress, July 28, 1882. Area and survey. Contains 1,094,400 acres, of which 8,000 are classed as tillable. 8 Out boundaries surveyed. 9 Acres cultivated. The Indians have under cultivation 110 acres. 10 Tribes and population. The tribes living here are the Ka-poti, Mauchi, and Wiminuchi Ute. Total population, 991. 11 Location. The reservation is a strip of country 15 by 120 miles, and borders on New Mexico and Utah. It is a rough, mountainous country, suitable only for grazing purposes, it being well watered by the Piedra, Eio Los Pinos, Florida, Aniinas, La Plata, Mancos, and Dolores Eivers. 1 Eeport of Indian Commissioner, 1855, p. 507. 2 Ibid., 1856, p. 15. 3 Ibid,, p. 184. * Ibid., 1857, p. 279 ; 1859, p. 335. Ibid. t 1859, p. 343. Ibid., 1859 pp. 343, 344 ; 1860, p. 163. 7 / 6i , 1857, p. 305; 1858, p. 195 ; 1859, p. 336. 8 Ibid. t 1884, p. 304. 9 Advanced sheets for 1885, by courtesy of the Indian Commissioner. 10 Report of Indian Commissioner, 1884, p. 304. 1( Ibid., p. 286. COLORADO SOUTHERN UTE AGENCY. 243 There is not to exceed 20,000 acres of agricultural land on the reserva tion, and that could be brought under cultivation only by irrigating. 1 Government rations. Twenty per cent, of these Indians subsisted by Government rations, as reported in 1886. 2 Mills and Indian employes. None reported. Indian police. Established in 1878. Indian court of offences. None reported. School population, attendance, and support: 3 School population, as estimated in 1886 316 Day-school accommodations 25 Average attendance 11 Months in session 3 Cost to Government $202.75 Twenty-five children from this agency sent to Good Shepherd School, Den ver, Colo., cost per annum to the Government being $2,700.00 Missionary work. None reported. SYNOPSIS OF TREATIES. Treaty with Hie Utah tribe of Indians, made at Abiquiu, N. Mex., December 30, 1849. The Utah Indians acknowledge themselves under the authority and jurisdiction of the United States. (Art. 1.) Hostilities between the contracting parties shall cease, and the Utah Indians prom ise to give no aid to any tribe or powers who may at any time be at enmity with the United States, and to treat honestly and humanely all citizens, and to refer all cases of aggression to the Government for adjustment and settlement. (Art. 2.) All American and Mexican captives and stolen property to be restored. (Art. 3.) The Utahs agree to accept the laws of the United States regulating trade and in tercourse with the Indians. (Art. 4.) The people of the United States shall have free passage through the territory of said Utahs. (Art. 5.) The Government to establish such military posts and agencies, and to authorize such trading houses, as it may deem best. (Art. 6.) The Government shall designate, adjust, and settle the territorial boundaries of the Utahs, and the Indians bind themselves not to depart from their accustomed homes except by the permit of the agent, and, after their reservations are denned, to confine themselves to said limits, to cultivate the soil, to support themselves by their own industry. (Art. 7.) In consideration of the faithful performance of the stipulations of this treaty the United States grants these Indians donations, presents, and implements, and will adopt such other liberal and humane measures as the Government may deem meet and proper. (Art. 8.) This treaty shall be binding upon the contracting parties from, and after the sign ing of the same, subject in the first place to the approval of the civil and military Governor of New Mexico, and to such other modifications, amendments, and orders a.s may bo adopted by the government of the United States. (Art. 9.) Proclaimed September 9, 1850. (United States Statutes at Large, Vol. IX, p. 9840 * Report of Indian Commissioner, 1882, p. 17. 2 Ibid., 1886, p. 412. 3 Ibid., p- Ixxxviii. 244 INDIAN EDUCATION AND CIVILIZATION. Treaty made at the agency at Conejos, Colorado Territory, with the Tabegaiiche land of Utah Indians, October 7, 1863. The boundary of the lands claimed by the Tabegauche band of Utah Indians is as follows : "Beginning on the thirty-seventh degree of north latitude at the eastern base of the Sierra Madre Mountains, running thence northerly with the base of the Rocky Mountains to the forty-first paralled of north latitude ; thence west with the line of said forty-first parallel of north latitude to its intersection with the summit of the Snowy range northwest of the North Park; thence with the summit of the Snowy range southerly to the Rabbit-Ear Mountains ; thence southerly with the summit of said Rabbit-Ear range of mountains west of the Middle Park to the Grand River ; thence with the said Grand River to its confluence with the Gunnison River; thence with the said Gunnisou River to the mouth of the Uncompahgre River ; thence with the said Uucompahgre River to its source in the summit of the Snowy range, opposite the source of the Rio Grande del Norte ; thence in a right line south to the summit of the Sierra La Plata range of mountains, dividing the waters of the San Juan River from those of the Rio Grande del Norte ; thence with the summit of said range south easterly to the thirty-seventh parallel of north latitude; thence with the line of said parallel of latitude to the place of beginning." The supremacy of the United States acknowledged, and all right, title, and interest relinquished by the said band of Utah Indians to all other lands within the territory of the United States, wherever situated, except those included in the following boundary, to be " reserved as their hunting grounds:"* " Beginning at the mouth of the Uncompahgre River ; thence down Gunnison River to its confluence with the Buukara River ; thence up the Bunkara River to the Roar ing Fork of the same ; thence up the Roaring Fork to its source ; thence along the summit of the range dividing the waters of the Arkansas from those of the Gunnisou River to its intersection with the range dividing the waters of the San Luis Valley from those of the Arkansas River ; thence along the summit of said range to the source of the Uncompahgre River ; thence to said source and down the main channel of said Uncompahgre River to its mouth, the place of beginning." " Nothing contained in this treaty shall be construed or taken to admit on the part of the United States any other or greater title or interest in the lands above excepted and reserved in said tribe of Indians than existed in them upon the acquisition of said territory from Mexico by the laws thereof."* (Art. 2.) The United States shall establish military posts upon the lands not ceded in this treaty; and locate, construct, and maintain railroads and other roads through the same, and establish and maintain stations. Any citizen may mine in any part of the country retained by said Indians where gold or other minerals may be found. And except as herein stipulated, settlement by other persons than Indians is hereby pro hibited. (Art. 3.) The Mohuache band of Utah Indians may be settled upon the lands reserved in this treaty. (Art. 4.) The band agree to give safe conduct to persons legally authorized to pass through their country, and to protect the persons and property of all agents or other persons sent by the United States to reside temporarily among them. (Art. 5.) The Indians agree to take no private revenge : to deliver up offenders to be punished agreeably to the laws of the United States ; to help to recover property stolen from citi zens, or if not restored to pay for it from annuities received, and to deliver up upon requisition any white man residing among them. The United States guaranties full indemnification for property stolen by citizens from the Indians upon sufficient proof. (Art. 6.) Ifor ten years said band shall receive annually, as the Secretary of the Interior may direct, $10,000 worth of goods and $10,000 worth of provisions. (Art. 8.) five American stallions for improving their breed of horses. (Art. 9.) COLORADO SOUTHERN UTE AGENCY. 245 . "lu case the chiefs" shall determine to engage in agricultural or pastoral pursuits lands shall be set apart within the reservation under such regulations as the Secre tary of the Interior may provide, and they shall receive of cattle 17-31U DAKOTA CHEYENNE RIVER AGENCY. 257 ecutive orders, August 9, 1879, and March 20, 1884. (Tract of 32,000 acres, set apart by Executive order January 24, 1882, is situated in Nebraska.) Area and survey. Contains 21,593,128 acres, 1 of which 2,691,000 are classed as tillable. 2 Partly surveyed. Agencies. There are five agencies on this reservation : The Cheyenne Eiver, Crow Creek and Lower Brule, Pine Ridge, Rose Bud, and Stand ing Rock. CHEYENNE RIVER AGENCY. [Post-office address: Cheyenne River Agency, Fort Bennett, Dak.] Acres cultivated. The Indians have under cultivation 1,350 acres. 3 Tribes and population. - The tribes living here are the Blackfeet, Min- uekonjo, Sans Arc, and Two-Kettle Sioux. Population, 2,965. 4 Location." The agency is located on the west bank of the Missouri River about 8 miles below the mouth of the Big Cheyenne. The build ings stand upon about as unfertile a piece of i gumbo 7 land as can be found along the river." 5 " The ground occupied by this agency stretches from Antelope Creek on the south to Moreau River on the north, a dis tance of about 150 miles, and west from the Missouri River about 125 miles." 6 Government rations. Eighty per cent, of these Indians subsisted by Government rations in 1886. 7 Mills and employes. One mill. . Indian police. Organized in 1878. 8 Indian court of offences. Organized in 1886. School population, attendance, and support. 9 The school population as estimated in 1886, was 767. The following table shows the accommo dation, attendance, etc. : a o 1 School. o g o 8 q i S I 8" o CD 4 . 412. s g ee Report, 1879, p. 23. 9 Report of the Indian Commissioner, 1886, ]>. Ixxxviii. S. Ex. 95 17 258 INDIAN EDUCATION AND CIVILIZATION Missionary work. American Missionary Association (Congregational), Bev. T. L, Biggs in charge, with native assistance. The Protestant Episcopal Church work is under the care of Bev. Henry Swift, and, with native assistance, both denominations support several stations and schools. CROW CREEK AND LOWER BRUUG AGENCY. [Post-office address : Crow Creek Agency, Dak., via Chamberlain.] Acres cultivated. The Indians have under cultivation 1,566 acres. 1 Tribes and population. The tribes living here are the Lower Brute and ; Lower Yanktonai Sioux. Population, 2,374. 2 Location. The following is the location : Crow Creek Agency, situated on the east side of the Missouri River, about 25 miles above Chamberlain, the western terminus of the Chicago, Milwaukee, and St. Paul Railroad, and about 60 miles below Pierre, western terminus of Chicago and North-western Railroad, is located on a low bottom, extending some miles up and down the river, with a heavy growth of young timber between the agency and| the river front. * * * The reservation is quite extensive, containing 630,312; acres. The land may be divided into four classes : Farming, grazing, wood, and hay lands. The farming lands constitute the larger portion of the reservation, consisting! of plateau and bottom lands. * * * This industry is carried on among these In- < dians to a considerable extent. In place of the usual Indian patch of corn are seen fields of wheat, oats, and corn, with gardens and potato patches, all usually well fenced and kept in good order and tolerably well cultivated. 3 Lower Brul6 Agency is located upon the west bank of the Missouri River, latitude 44 north, longitude about 23 west from Washington; its southern boundary near the White River, and extending 20 miles north to a point near Fort Hale, and extending west from the Missouri River a uniform width of 10 miles (as described by treaty >' made at Fort Sully, A. D. 1866). Much more land than this, however, is claimed by this tribe. The surface of the country is very broken, and there is but little land in the whole range of what maybe called ft first-class" for cultivation; the most is only adapted for grazing purposes. 4 Government rations. Sixty-seven per cent, of the Indians at Crow Creek Agency subsisted by Government rations, and 85 per cent, of the Indians at Lower Brule Agency 5 reported in 1886. Mills and employes. A mill was erected in 1868; rebuilt in I860; 6 burned in 3871. 7 Employes of the returned students from Eastern schools. Indian police. Established at Lo.wer Brule in 1878, 8 and at Crow Creek Agency in 1878. 9 Indian court of offences. Indians decline to serve without compen sation. 10 School population, attendance, and support^ 1 The school population was estimated in 1886 at 541; Crow Creek, 220; Lower Brule, 321. The following table shows the accommodation, attendance, etc.: ^ 1 Report of the Indian Commissioner, 1866, p. 426. 2 Ibid., p. 394. 3 Ibid., 1883, pp.27,28. 4 7&id.,1881,p. 37, 5 Hid., 1886, p. 412. *IMd., 1869, p. 313. 7 Ibid., 1871, p. 520. *IMd. f l378, p. 36. ^Ibid., 1879, p. 27. 10 Ibid., 1886, p. 69. 11 Ibid., p. Ixxxviii. DAKOTA CROW CREEK AND LOWER BRULE AGENCY. 259 School. Accom modation. Average attend ance. Session. Cost. 100 58 Months. 10 $6 616 26 40 33 10 4 600 92 Missionary work. At Crow Creek the Protestant Episcopal Church maintains Rev. H. Burt and Eev. David Tatyopa (native) in charge. Three churches reported in 1886. Roman Catholic Church opened a mission in 1886. At Lower Brule the Protestant Episcopal Church maintains Rev. L. 0. Walker, with native catechists in charge. Five churches were reported in 1886. i CROW CREEK RESERVATION. How established. Order of Department, July 1, 1863 (see Annual Report, 1863, p. 318) ; treaty of April 29, 1868, Vol. XV, p. 635, and Executive order, February 27, 1885. (See President's proclamation of April 17, 1885, annulling Executive order of February 27, 1885.) Area and survey. Contains 203,397 acres, not reported separately. Acres cultivated. Not reported separately from agency. Tribes and population. The-tribes living here are the Lower Yank- tonai, Lower Brule, and Minnekonjo Sioux. Total population not re ported separately. Location. See Executive orders. Crow Creek Reserve.* USHER'S LANDING, DAK., July 1, 1863. SIR : * * * With this report I transmit a plat and field-notes of the surveys made for the Sioux and Winnebago Reservations by Mr. Powers, and to which I de sire to call your attention. ******* The reservation for the Sioux of the Mississippi is bounded as follows, to wit : Be ginning at a point in the middle channel of the Missouri River, opposite the mouth of Crow Creek, in Dakota Territory ; follow up said channel of the Missouri River about 14 miles, to a point opposite the mouth of Sne-o-tka Creek ; thence due north and through the centre of the stockade surrounding the agency buildings for the Sioux of the Mississippi and Winuebago Indians, about 3 miles, to a large stone mound; thence due east 20 miles; thence due south to the Cedar Island River or American Creek ; thence down the said river or creek to the middle channel of the Missouri River ; thence up said channel to the place of beginning. * * * Very respectfully, your obedient servant, CLARK W. THOMPSON, Superintendent of Indian Affairs. Hon. WILLIAM P. DOLE, Commissioner of Indian Affairs." 1 Report of the Indian Commissioner, 1886, p. 413. ~ ITrid., p. 319. 3 See An nual Report of Indian Office for 1863, p. 318, and United States Statutes at Large, Vol. XV, p. 635. 260 INDIAN EDUCATION AND CIVILIZATION. EXECUTIVE MANSION, February 27, 1885. It is hereby ordered that all ibhat tract of country in the Territory of Dakota, known as the Old Winnebago Reservation and the Sioux or Crow Creek Eeservation, and lying on the east bank of the Missouri River, set apart and reserved by Executive order dated January 11, 1875, and which is not covered by Executive order dated August 9, 1879, restoring certain of the lands reserved by the order of January 11> 1875, except the following described tracts : Townships 108 north, range 71 west, 108 north, range 72 west ; fractional township 108 north, range 73 west, the west haJf of section 4, sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west ; fractional townships 107 north, range 71 west, 107 north, range 72 west, 107 north, range 73 west, the west half of township 106 north, range 70 west, and the fractional township 106 north, range 71 west ; and except also all tracts within the limits of the aforesaid Old Winuebago Reservation and the Sioux or Crow Creek Reservation, which are outside the limits of the above-described tracts and which may have heretofore been allotted to the Indians residing upon said reser vation, or which may have heretofore been selected or occupied by the said Indians under and in accordance with the provisions of article 6 of the treaty with the Sioux Indians of April 29, 1868, be, and the same is hereby, restored -to the public domain. CHESTER A. ARTHUR. The above order was annulled by proclamation of the President, April 17, 1885. 1 OLD WINNEBAGO RESERVATION. How established. By order of Department, July 1, 1863. By treaty of April 29, 1868. Area and survey. Contains 416,915 acres. Tribes and population. The tribes living here are the Two Kettle and Yauktonai Sioux. No statistics separately from the agency. By order of the Indian Department of July 1, 1863, the following tracts of land were designated as reservations for the Indians : As a reservation for the Winnebago Indians, " beginning at a poiut in the middle channel of the Missouri River where the western boundary of the Sioux of the Mis sissippi Reserve intersects the same; thence north and through the centre of the stockade surrounding the agency buildings of the Sioux of the Mississippi and Win nebago Indians, and along said boundary line to the northwest corner of said Sioux Reserve; thence along the northern boundary of the said Sioux Reserve 10 miles; thence due north 20 miles ; thence due west to the middle channel of Medicine Knoll River; thence down said river to the middle channel of the Missouri River; thence down said channel to the place of beginning." 2 Executive order.* FEBRUARY 27, 1885. It is hereby ordered that all that tract of country in the Territory of Dakota, known as the Old Winnebago Reservation and the Sioux or Crow Creek Reservation, and lying on the east bank of the Missouri River, set apart and reserved by Executive order dated January 11, 1875, and which is not covered by Executive order dated August 9, 1879, restoring certain of the lands reserved by the order of January 11, 1875, except the following-described tracts: Townships 108 north, range 71 west, 108 north, range 72 west ; fractional township 108 north, range 73 west, the west half of section 4, sections 1 United States Statutes at Large, Vol. XXIII, 844 ; also under Old Winnebago Res- ervation above. 2 See Report of Commissioner of Indian Affairs, 1863, p. 318. For treaty of April 29, 1868, see page 272. 3 Report of the Indian Commissioner, 1886, p. 319 DAKOTA CROW CREEK AND LOWER BRULE AGENCY. 261 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west ; fractional townships 107 north, range 71 west ; 107 north, range 72 west ; 107 north, range 73 west ; the west half of township 106 north, range 70 west, and the frac tional township 106 north, range 71 west; and except also all tracts within the limits of the aforesaid Old Winnebago Reservation and the Sioux or Crow Creek Reservation, which are outside the limits of the above-described tracts and which may have here tofore been allotted to the Indians residing upon said reservation, or which may have heretofore been selected or occupied by the said Indians under and in accordance with the provisions of article 6 of the treaty with the Sioux Indians of April 29, 1868, be, and the same is hereby, restored to the public domain. CHESTER A. ARTHUR. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION: Whereas by an Executive order bearing date the 27th day of February, 1885, it was ordered that a all that tract of country in the Territory of Dakota known as the Old Winnebago Reservation, and the Sioux: or Crow Creek Reservation, and lying on the cast bank of the Missouri River, set apart and reserved by Executive order dated January 11, 1875, and which is not covered by the Executive order dated August 9, 1879, restoring certain of the lauds reserved by the order of January 11, 1875, except the following described tracts: Townships number 108 north, range 71 west; 108 north, range 72 west ; fractional township 108 north, range 73 west ; the west half of section 4, sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west, fractional townships 107 north, range 71 west, 107 north, range 72 west, 107 north, range 73 west, the west half of township 106 north, range 70 west, and fractional township 106 north, range 71 west ; and except, also, all tracts within the limits of the aforesaid Old Wiunebago Reservation and the Sioux or Crow Creek Reservation which are outside of the limits of the above described tracts, and which may have heretofore been allotted to the Indians residing upon said reservation, or which may have heretofore been selected or occupied by the said Indians under and in accordance with the provisions of article 6 of the treaty with the Sioux Indians of April 29, 1868, be, and the same is hereby, restored to the public domain ;' r And whereas, upon the claim being made that said order is illegal and in violation of the plighted faith and obligations of the United States contained in sundry treaties heretofore entered into with the Indian tribes or bands, occupants of said reserva tion; and that the further execution of said order will not only occasion much dis tress and suffering to peaceable Indians, but retard the work of their civilization and engender amongst them a distrust of the National Government, I have deter mined, after a careful examination of the several treaties, acts of Congress, and other official data bearing on the subject, aided and assisted therein by the advice and opinion of the Attorney-General of the United States duly rendered in that behalf, that the lands so proposed to be restored to the public domain by said Executive order of February 27, 1885, are included as existing Indian reservations on the east bank of tue Missouri River by the terms of the second article of the treaty with the Sioux Indians concluded April 29, 1868, and that consequently being treaty reservations, the Executive was without lawful power to restore them to the public domain by said executive order, which is therefore deemed and considered to be wholly inoper ative and void; And whereas the laws of the United States provide for the removal of all persons residing or being found upon Indian lauds and territory without permission expressly and legally obtained of the Interior Department: Now, therefore, in order to maintain inviolate the solemn pledges and plighted faith of the Government as given in the treaties in question and for the purpose of properly protecting the interests of the Indian tribes as well as of the United States 262 INDIAN EDUCATION AND CIVILIZATION. in the premises, and to the end that no person or persons may be induced to enter upon said lands where they will not be allowed- to remain without the permission of the authority aforesaid, I, Grover Cleveland, President of the United States, do hereby declare and proclaim the said Executive order of February 27, 1885, to be in contraven tion of the treaty obligations of the United States with the Sioux tribe of Indians and therefore to be inoperative and of no effect; and I further declare that the lauds in tended to be embraced therein are existing Indian reservations and as such available for Indian purposes above and subject to the Indian intercourse acts of the United States. I do further warn and admonish all and every person or persons now in the occupation of said lands under color of said Executive order, and all such person or persons as are intending or preparing to enter and settle upon the same thereunder, that they will neither be permitted to remain nor enter upon said lands, and such persons as are already there are hereby required to vacate and remove therefrom with their effects within sixty days from the date hereof ; and in case a due regard for and voluntary obedience to the laws and treaties of the United States and this admonition and warning be not sufficient to effect the purpose and intentions as herein declared, all the power of the Government will be employed to carry into proper execution the treaties and laws of the United States herein referred to. In testimony whereof I hereunto set my hand and cause the seal of the United States to be affixed. Done at the city of Washington this seventeenth day of April, one thousand eight hundred and eighty -five, and of the independence of the United States of America the orie hundred and ninth. 1 [SEAL.] GROVER CLEVELAND. By the President : T. F. BAYARD, Secretary of State. PINE RIDGE AGENCY. [Post-office address : Pine Ridge Agency, Dak.] Acres cultivated. The Indians have under cultivation 1,516 acres. 2 Tribes and population. The tribes living here are the Northern Chey enne and Ogalalla Sioux. Population, 4,873. 3 Location." Situated on White Clay Creek, a branch of White Earth River. 4 * * * This creek is a bold-running stream, of good fresh water, rising in the pine ridge which runs parallel to the northern boun dary of Nebraska, and nearly due north 25 miles into the main White Earth River." 5 Government rations. Seventy per cent, of these Indians subsisted by Government rations in 1886. 6 Mills and Indian employes. A mill built at White River in 1S74, 7 and one at Pine Ridge in 1873. 8 Indian police. Organized in 1874. 9 In 1881 an agent writes : " There has been constructed at the agency one building for the use of the po lice, containing mess-room, kitchen, and dormitory. Here the police and Indian laborers are furnished their meals three times a day at reg ular hours; this arrangement is civilizing in its effect, teaching them 1 See United States Statutes, Vol. XXIII, pp. 844-846. 2 Report of the Indian Com missioner, 1886, 426. *Ibid., p. 396. 4 lbid., 1887, p. 37. <> Ibid., p. 157. 6 Ibid., 1886, p. 414, 7 Hid., 1874 p. 46. 8 Ibid., 1879, p. 40. 9 Ibid., 1874, p. 46. DAKOTA ROSEBUD AGENCY. 263 how to conduct themselves at table, and the benefit of properly-prepared food." 1 Indian court of offences. Indians unwilling to serve without pay. School population, attendance, and support. 2 The school population as estimated in 1886 was 1,800. The following table shows the accommo dation, attendance, etc: School. Accom modation. Average attend ance. Session. Cost. 225 110 Months. 10 $11 351.97 45 50 9 416. 38 Medicine Hoot Creek day 50 46 10 549. 50 40 45 o 100. 50 45 45 10 575. 00 Red Dog's day 40 42 10 600. 00 45 41 10 600. 00 White Bird day 70 60 10 524. 23 Missionary work. Protestant Episcopal Church missions, under the charge of Rev. John Robinson assisted by Eev. Isaac Cook and Rev. Amos Ross (natives), and native catechists. Two churches and several mission stations reported. The Presbyterians and Roman Catholics have started missions recently. 3 ROSEBUD AGENCY. [Post-office address: Rosebud Agency, Dak., via Valentine, Nebr.] Acres cultivated. The Indians have under cultivation 4,199 acres. 4 Tribes and population. The tribes living here are the Minnekonjo, Ogalalla, Upper Brule, and Wahzahzah Sioux. Population, 8,291. 5 Location. " This agency is located 92 miles from the Missouri River, on the western bank of the Rosebud, nearly 3 miles above its conflu ence with the White River, and is surrounded with high hills, which render it difficult of access." This agency has control of an area of 65 by 200 square miles. 6 Government rations. Seventy per cent, of the Indians subsisted by Government rations. Mills and Indian employes. A mill was built on White River 7 at Rose bud Agency, 1878, 8 but being built where a supply of water was impos sible to obtain, it was useless until removed to the bank of the stream. 9 Indian police. Established in 1878. 11 " Indian court of offences. None reported. 1 Report of the Indian Commissioner, 1881, p. 50. pp. 77, 415. 4 Ibid. , p. 428. 6 Ibid. , p. 396. "Ibid., 1875, p. 254. p. 40 8 Ibid., 1878, p. 38. 2 Ibid., 1886, p. xc. 3 Ibid., *Ibid., 1884, p. 41; 1886, p. 78. Ibid., 1880, p. 43. 10 Ibid., 1878, 264 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support. 1 The school population as estimated in 1886 was 1,700. The following table shows the accom modation, attendance, etc.: School. Accommo dation. Average at tendance. Session. Cost. Agency day. 30 24 Months. 10 $849 40 Black Pipe day 48 33 10 637. 06 Corn Creek day 30 18 3 123 58 Cut Meat Creek day 30 19 9 541 26 Little Oak Creek day 30 23 10 477 72 Little White River day 30 19 3 131 82 Oak Creek day 30 22 10 600 00 Pass Creek day 35 24 . 7 326 09 Red Leaf Camp day 30 24 7 340 76 Ring Thunder Camp day 30 26 6 253. 36 Scabby Creek day 30 24 10 862. 06 White Thunder Creek day . 40 31 10 875. 00 40 33 22 Missionary work. The Protestant Episcopal Church has missions here under the charge of Rev. William J. Cleveland, assisted by the Rev. Charles S. Cook (native) and native deacons and catechists. Seven church buildings were reported in 1886. In that year the Roman Cath olics began a mission. 2 STANDING ROCK AGENCY. [Post-office address: Standing Rock Agency, Fort Yates, Dak.] Acres cultivated. The Indians have under cultivation 3,350 acres. 3 Tribes and population. The tribes living here are the Blackfeet, Unkpapa, Lower and Upper Yanktonai Sioux. Population, 4,690. 4 Location. The following is the location : Standing Rock Agency is located upon the west bank of the Missouri River, in latitude 46 10' north. The Indian settlements extend along the Missouri, from the Cannon Ball River on the north to the Grand River on the south, a distance of about 60 miles; whilst the agency buildings are situated nearly midway be tween these two streams, the Cannon Ball River being the northern boundary of the reservation, and the Missouri River the eastern line. The Indians of this agency therefore occupy the north-eastern corner of the reservation, which, for agricultural and grazing purposes combined, I believe to be by far the best portion of the " Great Sioux Reservation," so called. 5 Government rations. Seventy per cent, of these Indians subsisted by Government rations in 1886. 6 Mills and employes. Nous reported. 1 Report of the Indian Commissioner, 1886, p. xc. 2 Ibid., pp. 82-85, 415. 3 Ibid., p. 488. 4 Ibid., p. 396. 6 Ibid., 1882, p. 43. Ibid., 1886, p. 414. DAKOTA STANDING ROCK AGENCY. 265 Indian police. Organized in 1878. 1 Indian court of offences. Established in 1883. 2 School population, attendance, and support. 3 The school population as estimated in 1886 was 1,109. The following table shows the accom modation, attendance, etc.: Scbool. Accommo dation. Average at tendance. Session. Cost. Agency boarding 100 116 Months. 12 *q QQO 70 Boys' boarding 60 48 jg fi A19 Q[\ No 1 day 30 21 No 2 day 30 01 No.Sday 30 14 10 594 95 Cannon Ball day 60 fil Grand Elver day 60 50 Missionary work. The Eomau Catholic Church has here four mission stations. The American Missionary Association (Congregational) has a station at Grand Kiver. The Protestant Episcopal Church has a station at Oak Creek. These last are under the charge of natives. SYNOPSIS OF SIOUX TREATIES. Treaty of September 23, 1805, with the Sioux Indians, made by Lieut. Z. M. Pike. The Indians cede for military posts 9 miles square at the mouth of the river St. Croix ; and at the confluence of the Mississippi and St. Peter's Rivers, to include the falls of St. Anthony, 9 miles on each side of the Mississippi. (Art. 1.) The United States to pay $2,000 or to deliver the same value in goods and merchan dise. (Art. 2.) Indians to be allowed to hunt and traverse the districts ceded. (Art. 3. ) Approved by the Senate April 13, 1808. (Indian Laws, p. 316.) Treaty of peace made at Portage des Sioux with the Sioux of the Lakes, July 19, 1815. Injuries to be mutually forgiven. (Art. 1.) Perpetual peace to be main'tained. (Art. 2.) The protection of the United States acknowledged. (Art. 3.) Ratified December 26, 1815. (United States Statutes at Large, Vol. VII, p. 126.) A similar treaty was made on the same date (July 19, 1815), and at the same place, with the Teton band of Sioux. (See United States Statutes at Large, Vol. VII, p. 125.) A similar treaty was made on the same date (July 19, 1815), same place, with the Sioux of the St. Peter's. (See United States Statutes at Large, Vol. VII, p. 127.) A treaty with the eight bands of the Sioux, composing the three tribes called the Sioux of the Leaf, the Sioux of the Broad Leaf, and the Sioux who Shoot in the Pine Tops, was made at St. Louis, June 1, 1816, of the same import as the preceding, except that these bands agree to confirm to the United States all cessions hitherto made by them to the British, French, or Spanish Governments within the limits of the United States. (Art. 3.) Proclaimed December 30, 1816. (United States Statutes at Large, Vol. VII, p. 143.) 1 Report of the Indian Commissioner, 1879, p. 47. 2 Ibid., 1883, p. 56. 3 IUd., 1886, p. xc. 260 INDIAN EDUCATION AND CIVILIZATION. Treaty between the Teton, Yancton, and Yanctonie bands of Sioux Indians, made at Fort Lookout, June 22, 1825. The Indians acknowledge dependence upon the United States and the right of the latter to regulate trade. (Arts. 1, 3.) United States to extend benefits to Indians. (Art. 2.) Indians to protect traders and surrender any person not legally authorized by the United States to trade. Safe conduct to all persons legally authorized to pass through their country. To deliver up offenders to the laws of the United States and to assist in the restoration of stolen property. The United States, upon proof, to indemnify the Indians for property stolen by citizens. (Art. 5.) Indians not to supply implements of war to hostile tribes. (Art. 6.) Proclaimed February 6, 1826. (United States Statutes at Large, Vol. VII, p. 250.) Treaty with the Sioune and Ogalalla tribes of Sioux Indians, made at the mouth of the Teton River, July 5, 1825. Similar to the preceding treaty. Proclaimed February 6, 1826. (United States Statutes at Large, Vol. VII, p. 252.) Treaty with the Hunkpapa, band of 'Sioux Indians, made at the Auricara village, July 16, 1825. Similar to the preceding treaty. Proclaimed February 6, 1826. (United States Statutes at Large, Vol. VII, p. 257.) Treaty unth the Sioux and Chippewa, Sac and Fox, Menominie, loway, Sioux, Winnebayo, and a portion of the Ottawa, Chippewa, and Potaivattomie Indians, made at Prairie des Chiens, Michigan Territory, August 19, 1825. Peace established between the Sioux and the Chippewas, the confederated tribes of Sacs and Foxes, and the loways. (Art. 1.) The line between the confederated tribes of the Sacs and Foxes and the Sioux shall be as follows : From the mouth of the Upper loway River, on the west bank of the Mis sissippi, and ascending the said loway River to its left fork ; thence to its source; thence crossing the fork of Red Cedar River in a direct line to the second or upper fork of the Des Moines River; and thence in a direct line to the lower fork of the Calumet River; and down that river to its juncture with the Missouri River, subject to the assent of the Yankton to the line from the Des Moines to the Missouri. Sac and Fox relinquish to the tribes interested all their claims to the laud east of the Mississippi. (Art. 2.) The loways accede to this agreement, they having a just claim to a portion of the country described ; they to reside peaceably therein with Sac and Fox. (Art. 3.) The Otoes not being represented their claim to the laud is not affected. (Art. The line dividing the respective countries of the Sioux and Chippewas begins at the Chippewa River, half a day's march below the falls ; * * * thence * to Red Cedar River immediately below the falls; thence to the St. Croix River, * at a place called the standing cedar, about a day's paddle in a canoe above the lakt at the mouth of that river ; thence * * * between two lakes called by the Chi] pewas " Green Lakes," and by the Sioux " the lakes they bury the eagles in," am thence to the standing cedar that " the Sioux split ; " thence to Rum River, crossii it at the mouth of * * * Choaking Creek, a long day's march from the Mississippi thence 1o a point of woods that projects into the prairie, half a day's march from tl Mississippi ; thence in a straight line to the mouth of the first river which enters th< Mississippi on its west side above the mouth of Sac River ; thence ascending the sai( river (above the mouth of Sac River) to a small lake at its source; thence in a di rect line to a lake at the head of Prairie River, which is supposed to enter the DAKOTA STANDING ROCK AGENCY. 267 Wing River on its south side ; thence to Otter-tail Lake Portage ; thence to said Otter-tail Lake, and down through the middle thereof to its outlet ; thence in a direct line so as to strike Buffalo River half way from its source to its mouth, and down the said river to Red River; thence descending Red River to the mouth of Outard or Goose Creek. The eastern boundary of the Sioux commences opposite the mouth of loway River, on the Mississippi, runs back 2 or 3 miles to the bluffs, follows the bluffs crossing Bad Axe River to the mouth of Black River, and from Black River to half a day's march.below the falls of the Chippewa River. (Art. 5.) It is agreed, so far as the Chippewas and Wiunebagoes are mutually interested therein, that the southern boundary line of the Chippewa country shall commence on the Chippewa River aforesaid, half a day's march below the falls of that river, and run thence to the sourceof Clear Water River (a branch of the Chippewa) ; thence south to Black River ; thence to a point where the woods project into the meadows, and thence to the Plover Portage of the Ouisconsin. (Art. 6.) It is agreed between the Wiunebagoes and the Sioux, Sacs and Foxes, Chippewas and Ottawas, Chippewas and Potawatomies of the Illinois, that the Wiunebago country shall be bounded as follows: South-easterly by Rock River from its source, near the Winnebago Lake to the Winnebago village, about 40 miles above its mouth; westerly by the east line of the tract, lying upon the Mississippi herein secured to the Ottawa, Chippewa, and Potawatomie Indians of the Illinois; and also by the high bluff described in the Sioux boundary and running north to Black River ; from this point the Winuebagoes claim up Black River to a point due west from the source of the left fork of the Ouisconsin ; thence to the source of the said fork and down the same to the Ouisconsin ; thence down the Ouisconsin to the portage, and across the portage to Fox River; thence down Fox River to the Winnebago Lake and to the grand Kan Kanlin, including in their claim the whole of Winnebago Lake; but, for the causes stated in the next article, this line from Black River must for the present lie left indeterminate. (Art. 7.) The rights of the Menominies, they being absent, shall not be affected, their land being bounded on the north by the Chippewa country, on the East by Green Bay and Lake Michigan, extending as far south as Milwaukee River, and on the west they claim to Black River. (Art. 8.) The country secured to the Ottawa, Chippewa, and Potawatomie tribes of the Illi nois is bounded as follows : Beginning at the Winnebago village on Rock River, 40 miles from its mouth, and running thence down the Rock River to a line which runs from Lake Michigan to the Mississippi, and with that line to the Mississippi opposite Rock Island ; thence up that river to the United States Reservation at the mouth of the Ouiscousin ; thence with the south and east lines of the said reservation to the Ouiscousin; thence southerly, passing the heads of the small streams emptying into the Mississippi, to the Rock River at the Wiunebago village. The Illinois Indians have also a just claim to a portion of the country boiiuded south by the Indian boundary line aforesaid, running from the southern extreme of Lake Michigan, east by Lake Michigan, north by the Menorninie country, and northwest by Rock River. This claim is recognized in the treaty concluded with the said Illinois tribes at St. Louis, August 24, 1816. (Art. 9. ) All the tribes acknowledge dependence upon the United States, and make no claim to the reservations at Fever River, Ouisconsin, St. Peter's, Prairie des Chiens, and Green Bay, and the half-breed reservations on the Mississippi, made August 4, 1824. (See treaty Sac and Fox, made at Washington, August 4, 1824.) (Art. 10.) President to hold a council with Yankton and Otoe in 1826 to adjust unsettled lines (Art. 11), and with Chippewas in the same year on Lake Superior. (Art. 12.) No tribe to hunt within the acknowledged limits of any other tribe without its con sent. (Art. 13.) Tribes to settle difficulties amicably. United States to take such measures as it deems proper to effect same objects. (Art. 14.) 268 INDIAN EDUCATION AND CIVILIZATION. Treaty obligation ou tribes from its date; oil tlio United States after ratification. (Art. 15.) Proclaimed February 6, 1826. (United States Statutes at Large, Vol. VII, p. 272.) Treaty with the confederated tribes of the Sacs and Foxes ; the Medawah-Kanton, Wahpa- coota, Wahpeton, and Sissetong bands of Sioux ; the Omahas, loicays, 01 toes, and Mis- sQiirias, made at Prairie du, Chien, Michigan Territory, July 15. 1830. The said tribes cede' to the United States their lands within the following bounda ries : Beginning at the upper fork of the Demoine River, and pissing the sources of the Little Sioux and Floyds Rivers to the fork of the first creek which falls into the Big Siou-x orCaluinet on the east side; thence down said creek and Calumet River to the Missouri River; thence down said Missouri River to the Missouri State line above the Kansas ; thence along said line to the north-west corner of said State ; thence to the highlands between the waters falling into the Missouri and Demoine, passing to said highlands along the dividing ridge between the forks of the Grand River; thence along said highlands or ridge separating the waters of the Missouri from those of the Demoine to a point opposite the source of Boyer River, and thence in a direct line to the upper fork of the Demoine, the place of beginning. But it is understood that the lands ceded and. relinquished by this treaty are to be assigned and alloted under the direction of the President of the United States, to the tribes now living thereon, or to such other tribes as the President may locate thereon for hunting and other purposes. (Art. 1.) The confederated tribes of the Sacs and Foxes cede to the United States a tract 20 miles in width, from the Mississippi to the Demoine ; situate south and adjoining the line between the said confederated, tribes of Sacs and Foxes, and the Sioux, as established by the second article of the treaty of Prairie du Chien, of August 19, 1825. (Art. 2.) The Medawah-Kauton, Wah-pa-coota, Wahpeton, and Sisseton bands of the Sioux cede to the United States a tract of country 20 miles in width, from the Mississippi to the Demoine River, situate north, and adjoining the line mentioned in the preced ing article, (Art. 3.) The claim or right in common of the tribes to this treaty to any lands not embraced in these cessions shall not be affected. (Art. 12.) The United States to pay to the Sacs $3,000 ; to the Foxes $3,000 ; to the Sioux of the Mississippi $2,000 ; to the Yancton and Santie bands of the Sioux $3,000 ; to the Omahas $2,500 ; totheloways $2,500; to the Ottoes and Missourias $2,500, and to the Sacs of the Missouri River $500, to be paid annually for ten years in money, merchan dise, or domestic animals, at their option ; also to maintain for ten years one black smith and agricultural implements as stipulated for each of the foregoing bands. (Art. 4.) Also a gift of $5,132 worth of merchandise which shall be considered as full com pensation for the cession made. (Art. 8.) The United States to set apart $3,000 annually for ten years, to be applied, at the discretion of the President, to the education of the children of said tribes. (Art. 5.) The United States to set apart the following reservation for half-breed Sioux: Beginning at a place called the barn, below and near the village of the Red Wing Chief, and running back 15 miles ; thence in a ^parallel line with Lake Pepiu and the Mississippi about 32 miles to a point opposite Beef or O-Boef River; thence 15 miles to the Grand Encampment opposite to the river aforesaid. The half-breeds' title to be the same as other Indian titles. (Art. 9.) The following reservation for the Omaha, loway, Ottoe, Yanctou, and Santie half- breeds: Beginning at the mouth of the Little Ne-mohaw River and running up the main channel of said river to a point which will be 10 miles from its mouth in a direct line ; from thence in a direct lino to strike the Grand Ne-mohaw 10 miles above its moutli in a direct line (the distance between the two Ne-mohaws being about 20 DAKOTA STANDING ROCK AGENCY. 269 miles); thence down said river to its month; tlionce up and with the meanders of the Missouri River to the point of beginning. Half-breeds of said tribes-aud bauds may occupy said tract in the same manner as other Indians. The President may hereafter assign to any of the said half-breeds, to be held in fee-simple, any portion of said tract not exceeding 640 acres to each individual. And this provision shall extend to the cession made by the Sioux in the preceding article. (Art. 10.) The reservation mentioned in the preceding article having belonged to the Ottoes and been ceded by them, it is agreed that the Ornahas, the loways, and the Yanc- tou and Santie bands of Sioux shall pay out of their annuities to the said Ottoe tribe for the period of ten years $100 each, making $300 annually. (Arfe. 11.) Treaty to take effect after ratification. (Art. 13.) Proclaimed February 24, 1831. (United States Statutes at Large, Vol. VII, pp. 328-332.) Treaty with the band of Sioux under Wahashaw, September 10, 1836. The Indians cede all that portion of territory lying bet ween the State of Missouri and the Missouri River included in the land to be assigned and allotted according to article 1 of the treaty of July 15, 1830, receiving as payment presents to the amount of $400 in goods or money. Proclaimed February 15, 1837. (United States Statutes at Large, Vol. VII, p. 510.) Treaty with the Oitoes, Missouries, Omahaivs, and Yanlcton and Santee bands of Sioux, made at Bellevue, Upper Missouri, October 15, 1836. The Indians relinquish all claim to that portion of the land set apart in article 1, of the treaty of July 15, 1830, lyingbetween the State of Missouri and the Missouri River. (Art. 1.) The United States to give presents to the Ottoes, $1,250 ; to the Missouries, $1,000 ; to the Oinahaws, $1,270 ; to the Yankton and Santee bands, $1,000. (Art. 2.) The Ottoes and Missouries having removed to a place selected for them, the United States to furnish 500 bushels of corn ; and the Oinahaws having established themselves at the place recommended to them, the United States to break and fence 100 acres of ground as soon as it can be done after ratification of this treaty. (Art. 3.) Treaty obligatory on tribes from date, upon the United States after ratification. Proclaimed February 15, 1837. (United States Statutes at Large, Vol. VII, pp. 524-526.) Treaty with the Wahpaakootah, Susseton, and Upper Medawalcanton bands of Sioux Indians, made at St. Peters, November 30, 1836. Indians agree to the cession of the land lying between the State of Missouri and the Missouri River. United States agrees to pay $550 in goods. Proclaimed February 18, 1837. (United States Statutes at Large, Vol. VII, p. 527. ) Treaty with certain braves and chiefs of the Sioux Nation, made at Washington, September 29, 1837. Cede their lands east of the Mississippi River and all their islands in said river. (Art. 1.) The sum of $300,000 shall be invested at 5 per cent., the interest to be paid annu ally forever ; one-third to be applied as* the President may direct, and the residue to be paid in specie or in such other manner as the tribe may designate ; $110,000 to be distributed as determined by the chiefs signing treaty and the War Department, no mixed bloods less than quarter breeds to be included in this benefit ; $90, 000 for the pay ment of the just debts of the Sioux Indians ; to the chiefs and braves an annuity for 270 INDIAN EDUCATION AND CIVILIZATION. twenty years of $10,000 in goods; to expend annually for twenty years $8,250 for medicine, agricultural implements and stock, support of physician, farmer, and black smith ; to enable the Indians to improve their lands, and purchase agricultural im plements, tools, cattle, and other useful articles, an amount not exceeding $10,000 al lowed. For twenty years the sum of $5,500 annually shall be expended in the pur chase of provisions. The chiefs and braves signing this treaty shall receive $6,000 in goods. (Art. 2.) Treaty binding when ratified. Proclaimed June 15, 1838. (United States Statutes at Large, Vol. VII, p. 538.) Treaty ivith the See-see-toan and Wah-pay-toan bands of Sioux Indians, made at Traverse des Sioux, Minnesota, July 23, 1851. Peace shall be perpetual. (Art. 1.) The Indians cede their land in the State of Iowa, and also in the Territory of Min nesota lying east of the following line: Beginning at the junction of the Buffalo River with the Red River of the North ; thence along the western bank of said Red River of the North to the mouth of the Sioux Wood River ; thence along the western bank of said river to Lake Traverse; thence along the western shore of said lake to the southern extremity thereof; thence in a direct line to the junction of Kampeska Lake with the Tchaii-kas-an-data or Sioux River ; thence along the western bank of said river to its point of intersection with the northern line of the State of Iowa, in cluding all the islands in said rivers and lake. (Art. 2.) The sum of $1,665,000, in the following manner: To the chiefs, $275,000, out of which the chiefs agree to remove to their reservations and subsist themselves one year without further cost to the Government; $30,000 to be expended under the di rection of the President for the establishment of a manual labor school, mills, black smith shop, opening farms, etc. ; the balance, $1,360,000, to remain in trust, at 5 per cent., interest to be paid annually, for a period of fifty years, commencing July, 1852, which shall be in full payment of said balance, principal and interest, the said pay ment to be applied, under the direction of the President, as follows : $12,000 for a general agricultural and civilization fund, $6,000 for education, $10,000 for goods and provisions,- and $40,000 money annuity. (Art. 4.) All that tract of country on either side of the Minnesota Rivey, from the western boundary of the lands herein ceded, east to the Tchay-tam-bay River on the north, and to Yellow Medicine River on the south, to extend on each side a distance of not less than 10 miles from the general course of said river. (Art. 3.) The United States to pay at the rate of 10 cents an acre for the above lands, which had been set apart as a reservation for these Indians. The President is authorized, with the assent of the Indians, to set apart by appro priate landmarks and boundaries such tracts of country without the limits of the cession herein made as may be satisfactory for future occupation of these Indians. The President may, by the consent of the Indians, vary the conditions aforesaid if deemed expedient. (Senate amendment to Art. 3.) The sale of liquor is forbidden in the Indian country. The rules and regulations to protect the personal property of the Indians to be prescribed and enforced as the President or Congress may direct. (Art. 5.) Treaty amended June 23, 1852; assented to by Indians September 8, 1852; pro claimed February 24, 1853. (United States Statutes at Large, Vol. X, pp. 949-953.) Treaty with the Medayivalcantoan and Wahpaykoytay bands of Sioux Indians, made at Men- dota, Minnesota, August 5, 1851. Peace shall be perpetual. (Art. 1.) Indians cede all their lands in the Territory of Minnesota, or the State of Iowa. (Art. 2.) DAKOTA STANDING ROCK AGENCY. 271 The United States to pay $1,410,000 in the following manner: Two hundred and twenty thousand dollars to the chiefs to remove and sustain themselves for one year without cost to the Government, this sum to be divided in equal parts between the two bands ; $30,000, under the direction of the President, for manual-labor school, mills, shops, opening farms, etc. ; the balance, $1,160,000, to remain in trust, at the rate of 5 per cent, interest, to be paid annually, for a period of fifty years, commenc ing July, 1852, which shall be in fall payment of said balance, principal, and inter est, to be applied, under the direction of the President, as follows: Twelve thousand dollars for a general agricultural and civilization fund ; $6,000 for education ; $10,000 for the purchase of goods and provisions ; $30,000 as a money annuity. The entire annuity provided for in the second article of the treaty of 1837 (United States Statutes at Large, Vol. VII, p. 539), including any unexpended balance that may be in the Treasury on the 1st of July, 1852, shall thereafter be paid in money. Following reservation set apart, tract of country of the average width of 10 miles on either side of the Minnesota River, and bounded on the west by the Tchay-tam- bay and Yellow Medicine Rivers, and on the east by Little Rock River and a line running due south from its mouth to the Waraju River, the boundaries of said tract to be marked out by as straight lines as practicable, whenever and in such manner as the President of the United States shall direct (United States Statutes at Large, Vol. X, p. 957), United States to pay for the above lands 10 cents per acre in lieu of reservation. (Senate amendment to Art. 3, preceding treaty.) Amended June 23, 1852 ; assented to September 8, 1852 ; proclaimed February 24, 1853. (United States Statutes at Large, Vol. X, pp. 954-959.) Treaty between Sioux and other tribes, made at Fort Laramie, Wyo., September 17, 1851. (Indian Laws, p. 317.) See Blackfoot treaties, Montana. Treaty with the Mendawakanton and Wahpakoota tribes of Sioux Indians made at Wash ington, June 19. 1858. Whereas it was agreed that the land described in the third article of the treaty of August 5, 1851, was to be purchased by the United States. Said land having been set apart for the future occupancy and home of these Indians, the President so far varied the conditions as to permit these said bands to locate for the time being upon the tract originally reserved ; and whereas, no other home having been provided for them, Congress, by act of July 31, 1854, authorized the President to confirm to these bands forever their reservation on the Minnesota River now occupied by them. (Art. 2.) It is agreed that that part of the tract of land described in article 3 of the treaty of August 5, 1851, of the Minnesota River, shall constitute a reservation for said bands, and shall be surveyed. Eighty acres shall be allotted to the head of each family, or single person over the age of twenty-one years, and to children upon arriving at ma jority. Each allotment shall include a proper portion of timber land, the residue of the reservation to be held in common. The President, at his discretion, may cause patents to be issued, which shall be inalienable except to the United States. Tracts exempt from levy, taxation, or forfeiture until otherwise provided. The expenses of survey and allotment to be paid out of the funds of said bands. (Art. 1.) And whereas the President has not directly so confirmed said reserve, the question shall be submitted to the Senate whether these bauds have aright to said lands, and if so, what compensation shall be made for that part of said reservation lying north of the Minnesota River. (Art. 2. ) If the Senate shall assent to compensation, a sum not exceeding $70,000, from the proceeds of sale, shall be used to cancel the just debts and obligations of the bands. (Art. 3.) 272 INDIAN EDUCATION AND CIVILIZATION. I All laws regulating trade and intercourse with Indian tribes snail be enforced ove~* the reservation, and shall protect from trespass not only the timber land allotted to individuals, but that reserved for subsequent use. (Art. 4.) The United States shall have the right to establish military posts, agencies, schools, mills, shops, roads, and other improvements, as may be deemed necessary. Compen sation shall be made to the Indians for any injury arising therefrom. Roads or highways authorized by competent authority other than the United States shall have right of way upon payment of a fair value of the land taken. (Art. 5.) The bands acknowledge their dependence on the United States and bind themselves to friendly relations, to make compensation for injuries done, and to deliver up offend ers to punishment. (Art. 6.) Annuities to be withheld from those using intoxicating liquors. (Art. 7.) Stipulations in former treaties providing for the payment of particular sums of money or for the application thereof are hereby so amended and changed as to in vest the Secretary of the Interior with discretionary power in regard to the objects of annual expenditure of all sums which have accrued and are now due to said bands, together with that which shall become due, provided said sums shall be expended for the benefit of said bands as the Secretary shall deem best. (Art. 8.) Senate decide on claim of A. J. Campbell. (Art. 9.) United States pay expenses of treaty. (Art. 11.) Proclaimed March 31, 1859. (United States Statutes at Large, Vol. XII, p. 1031.) Treaty with the Sisseton and Wahpaton bands of Sioux Indians, made at Washington, June 19, 1858. The stipulations and agreements of articles 1, 2, 3, 4, 5, 6, 7, of this treaty are iden tical with those of the preceding treaty of June 19 with the Mendawakanton and Wahpakoota bands. Article 8 provides as follows: "Any members of said Sisseton and Wahpaton bands who may be desirous of dissolving their tribal connection and obligations, and of locating beyond the limits of the reservation provided for said bands, shall have the privilege of so doing by notifying the United States agent of such inten tion, and making an actual settlement beyond the limits of said reservation ; shall be vested with all the rights, privileges and immunities, and be subject to all the laws, obligations and duties of citizens of the United States; but such proced ure shall work no forfeiture on their part of the right to share in the annuities of said bands. Articles 9 and 10 identical with articles 8 and 10 of preceding treaty. Proclaimed March 31, 1859. (United States Statutes at Large, Vol. XII, p. 1037.) By an act of Congress of June 27, 1860, the Senate decided that the Mendawakantou and "Wahpakoota and Sisseton and Wahpaton bands possessed a just and valid right and title to the reservation, and that they be allowed the sum of 30 cents per acre for the lands lying north of the Minnesota River, exclusive of the cost of survey and sale or contingent expenses ; and also that all persons who had settled in good faith and made improvements on lands contained in the reservation, believing them to be Gov ernment lands, shall have the right of pre-emption to 160 acres, paying the sum of $1.25 per acre. For such settlements on the south side of the Minnesota River the consent of the Indians shall first be obtained in such manner as the Secretary of the Interior may prescribe. The money for the sale to be paid into the Treasury of the United States. (United States Statutes at Large, Vol. XII, p. 1042.) By the act of February 16, 1863, all treaties heretofore made and entered into with the Sisseton, Wahpeton, Meudawakauton, and Wahpakoota bands of Sioux Indians are declared to be abrogated and annulled so far as they impose any future obliga tions on the United States, and all lands and rights of occupancy within the State of Minnesota and all annuities and claims heretofore recorded to said Indians, or any of them to be forfeited to the United States. (Sec. 1.) DAKOTA STANDING ROCK AGENCY. 273 Two hundred thousand dollars of annuities due said bands hereby appropriated to be apportioned among the persons whose property had been destroyed and damaged by the Indians or by the troops of the United States, upon proof as herein prescribed, the sum not exceeding $200 to be paid to any one family. (Sec. 2.) Provision of a commission and payments provided in sections 3, 4, 5, 6, 7, 8, and 10: And be it further enacted, That the Secretary of the Interior is hereby authorized to set apart, of the public lands not otherwise appropriated, 80 acres in severalty to each individual of the before-mentioned bauds who exerted himself in rescuing the whites from the late massacre of said Indians. The land so set apart shall not be subject to any tax, forfeiture, or sale by process of law, and shall not be aliened or devised, ex cept by the consent of the President of the United States, bat shall be an inheritance to said Indians and their heirs forever. (Sec. 9 United States Statutes at Large, Vol. XII, p. 652.) Act making appropriations for current and contingent expenses of Indian Department, and fulfilling treaty stipulations ivith various Indian tribes, March 3, 1863, for year ending June 30, 1864. * * * To enable the President of the United States to cause the Sioux of the Mississippi to be removed beyond the limits of any States, and for establishing them in their new homes, $50,016.66 ; the same being equal to one- third of the whole sum heretofore stipulated to be paid in the several treaties heretofore existing between the said Indians and the United States, but which treaties have been abrogated in consequence of the war by the said Indians and the people of the United States, * * * and for maintaining said Indians in their new home and making such pro visions as for them to support themselves by agricultural pursuits, the President is authorized to spend one-third of unexpended balance in the Treasury hitherto appro priated for the benefit of said Indians. No part of said sum to be paid in money. (United States Statutes at Large, Vol. XII, p. 784). Treaty ivith the Minneconjon band of Sioux Indian*, made at Fort Sully, Dak., October 10, 1865. The Indians acknowledge the authority of the United States. (Art. 1.) They agree to desist from hostilities against citizens (Art. 1) and other bands of Indians (Art. 2), and to prevent other bands of Sioux Indians from hostile action. (Art. 1.) Also to submit controversies between different bands of Sioux to the arbitrament of the President. (Art. 3.) Indians to withdraw from all overland routes already established or hereafter to be .established through their country. (Art. 4.) The United States to pay $10,000 annually for twenty years in such articles as the Secretary of the Interior may direct. (Art. 4.) Also to protect any members of the baud who desire to locate permanently upon any lands claimed by them for the purpose of agricultural or other pursuits. (Art. 5.) Any amendment or modification of this treaty by the Senate of the United States shall be considered final and binding upon the said band represented in council as a part of this treaty in the same manner as it' it had been subsequently presented and agreed to by the chiefs and head-men of said band. (Art. 6.) Amended March 5, 1866; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 695.) Treaty with the Lower Brule band of Sioux Indians, made at Fort Sully, Dak., October 14, 18G5. The provisions and agreements of articles 1, 2, 3, 4. and 5 are similar to those of the treaty of October 10, 1865, with the Miuneconjon band of Sioux, except the amount of payment in article 4, which is $6,000 for twenty years. S. Ex. 95 18 274 INDIAN EDUCATION AND CIVILIZATION. A reservation to be established, to include Fort Lookout, near the mouth of White River, 20 miles in a straight line along the Missouri River and 10 miles in depth. (Art. 6.) When not less than fifty lodges or families shall engage in agriculture or other pursuits on the reservation, the Government shall furnish $25 for five years to every lodge or family so engaged, to be expended in stock and implements, which are to be the property of the United States, and not to be sold or alienated to any member of the band. Also to maintain a blacksmith and farmer. (Art. 6.) Whenever the Secretary of the Interior may so direct schools may be opened. (Art. 6.) The United States to construct roads through the reservation. No white person unconnected with the Government shall be permitted to go on or remain on the reservation unless admitted as a member of the band. (Art. 6.) The Indians to permit the Two Kettles band to be located adjoining them. (Art. 7.) Article 8 is the same as article 6 of the treaty of October 10, 1865. Amended March 5, I860 ; proclaimed March 17, 1866. (Statutes at Large, Vol. XIV, p. 699.) Treaty with the Two Kettle land of Sioux Indians, made at Fort Sully, Dak., October 19, 1865. Provisions of articles 1, 2, 3, 4, and 5 are the same as those of the treaty of Octo ber 14, 1865, with the Lower Brule' band, except that the provision for agricultural implements, etc., is contingent upon twenty lodges locating on lands for agricultural purposes. When one hundred lodges have so engaged they shall be entitled to a farmer, blacksmith, and teacher at the expense of the Government and option of the Secretary of the Interior. (Art. 5.) United States*soldiers having killed a friendly chief, $500 to be paid to his widow and children. (Art. 6.) Article 7 same as articles 6 and 8 of preceding treaty. Amended March 5, 1866 ; proclaimed March 17, 1866. (United States Statutes at Large, 'Vol. XIV, p. 723.) Treaty with the JSlackfeet band of Dakota Indians, made at Fort Sully, Dak., October 19, 1865. Articles 1, 2, 3, and 4, are the same as those of the treaty of October 19, 1865, with the Two Kettles band, except payments. The United States to pay $7,000 annually for twenty years in such articles as the Secretary of the Interior may direct. (Art. 4.) Provision for the modification of this treaty is the same as in the treaty of October 10, 1865, with the Miuneconjon band. Amended March 5, 1866; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 727.) Treaty with the Sans Arc band of Sioux Indians, made at Fort Sully, Dak., October 20, 1865. Articles 1, 2, 3, and 4 are the same as those of the treaty of October 19, 1865, with the Blackfeet band, except as to payments. The United States to pay $30 annually for twenty years to each lodge or family in such articles as the Secretary of the Interior may direct. (Art. 4.) Article 5 the same as article 5 of treaty with Two Kettles band of Sioux. Article 6 of this treaty the same as article 6 of the treaty of October 10, 1865, with the Minueconjon band. Amended March 5, 1866; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 731.) DAKOTA STANDING ROCK AGENCY. 275 Treaty with the Yanktonai land of Sioux Indians, made at Fort Sully, Dak., October 20, 1865. Provisions and agreements of this treaty are the same as those of the treaty of October 20, 1865, with the Sans Arc band. Amended March 5, 1866 ; proclaimed March 17, 1866. (United States Statutee at Large, Vol. XIV, p. 735.) Treaty with the Onkpahpah band of Sioux Indians, made at Fort Sulli/, Dak., October 20, 1865. Provisions and agreements of this treaty are the same as those of the treaty of October 20, 1865, with the Yanktonai band. Amended March 5, 1866; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 739.) Treaty with the Upper Yanktonai bands of Sioux Indians, made at Fort Sully, Dak., October 28, 1865. Provisions and agreements are the same as those of the treaty of October 20, 1865, with the Onkpahpah band, except payments. The Government to pay $10,000 annually for twenty years, to be expended in such articles as the Secretary of the Interior may direct. (Art. 4.) Amended March 5, 1866 ; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 743.) Treaty with the Ogallala band of Sioux Indians, made at Fort Sully, Dak., October 28, 1865. Provisions and agreements are the same as those of the treaty of October 28, 1865, with the Upper Yanktonais band. Amended March 5, 1866 ; proclaimed March 17, 1866. (United States Statutes at Large, Vol. XIV, p. 747.) Treaty with the Bride, Ogallala, Mittnekonjo, Yanctonai, Uncpapa, Blackfeet, Cuthead, Two Kettle, Sans Arc, Arrapahoe, and Santee tribes of Sioux made at Fort Laramie, Dak., April 29, 1868. War between the parties to this treaty shall forever cease, and peace shall be main tained toward the United States. Any white persons committing wrong upon the persons or property of the Indians shall be, through the Comriiissioner of Indian Af fairs, upon proof, arrested and punished according to the laws of the United States, and the injured person reimbursed for the loss sustained. Any Indian committing wrong or depredation upon any one subject to the authority of the United States, and at peace therewith, the Indians shall deliver up the wrong-doer to be tried and punished according to law. In case of refusal the person injured shall be reimbursed for his loss from annuities due the tribes. No one violating the laws of the United States shall be reimbursed for loss sustained. (Art. 1.) The United States agrees that the following district of country, to wit, commencing on the east bank of the Missouri River, where the forty-sixth parallel of north latitude crosses the same ; thence along low-water mark down said east bank to a point op posite where the northern line of the State of Nebraska strikes the river ; thence west across said river and along the northern line of Nebraska to the one hundred and fourth degree of longitude west from Greenwich ; thence north on said meridian to a point where the forty-sixth parallel of north latitude intercepts the same ; thence due east along said parallel to the place of beginning; and, in addition thereto, all existing reservations on the east bank of said river shall be, and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for 276 INDIAN EDUCATION AND CIVILIZATION. such other friendly tribes or individual Indians as from time to time they may be will ing, with the consent of the United States, to admit amongst them ; and the United States now solemnly agrees that no persons except those herein designated and author ized to do so, and except such officers, agents, and employe's of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians; and henceforth they will, and do hereby, relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided. (Art. 2.) If from actual survey it shall appear that the above tract of land contains lees than 160 acres of tillable land for each person authorized to reside there under the provis ions of this treaty, and a very considerable number of such persons are disposed to become farmers, the United States agrees to set apart for the use of said Indians an additional quantity of arable land adjoining said reservation as near as can he ob tained. (Art.3. 1 ) The United States agrees to erect near the centre of said reservation, and where timber and water may be convenient, a warehouse or store-room at a cost of not less than $2,500 ; agency buildings, not exceeding $3,000; residence of physician, not exceed ing $3,000; buildings for carpenter, farmer, blacksmith, miller, and engineer, not ex ceeding $2,000; school-house or mission building, and so soon as a sufficient number of children can be induced to attend school, at a cost not exceeding $5,000. A good steam circular saw-mill, with grist-mill and shingle machine attached, shall be erected at a cost not exceeding $3,000. (Art. 4. ) United States to furnish annually physician, teachers, carpenter, miller, engineer, farmer, and blacksmith. (Art. 13.) The agent shall reside at the agency buildings. (Art. 5.) Any individual, being the head of a family, desiring to farm shall select in the presence and with the assistance of the agent a tract not exceeding 320 acres. Any person over eighteen years of age shall select a tract not exceeding 80 acres. For each tract so selected he shall receive a certificate, to be recorded by the agent in a book known as " The Sioux land book." (Art. 6. ) Persons so selecting lands, when the agent is satisfied that they intend in good faith to cultivate the soil for a living, shall be entitled to receive seeds and agricult ural implements for the first year not exceeding the value of $100, and for each succeeding year they shall farm, for a period of three years, not exceeding $25. When- .'* ever more than one hundred persons shall so enter upon cultivation of the soil a sec ond blacksmith shall be provided, and they shall receive instruction from farmer. (Art. 8.) The President may at any time order a survey of the reservation, and Congress shall provide for protecting the rights of settlers in their improvements. The United States may pass such laws on the subject of alienation and descent as it may deem proper. Any male Indian over eighteen years of age, of any band or tribe that is or shall here after become a party to this treaty, who now is or who shall hereafter become a resi dent or occupant of any reservation or territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation ; and who shall have made improvements thereon, of the value of $200 or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for 160 acres of land, including his said improvements, the same to be in the form of the legal sub divisions of the surveys of the public lands * * * and the right of such Indian or Indians to enter such tract or tracts of land shall, accrue and be perfect from the date of his first improvements thereon, and shall continue as long as he continues DAKOTA STANDING ROCK AGENCY. 277 his residence and improvements, and no longer. Any Indian receiving a patent under the foregoing provisions shall be and henceforth become a citizen of the United States, and shall be entitled to all the privileges and immunities of such citizens, and shall at the same time retain his rights to benefits accruing to Indians under this treaty. (Art. 6.) The Indians agree to compel their children between the ages of six and sixteen to attend school, and it is the duty of the agent to see that this stipulation is complied with. The United States agrees that for every thirty children between said ages a school and teacher shall be provided. The provisions of this article shall continue for riot less than twenty years. (Art. 7.) At any time after ten years the United States shall have the privilege of withdraw ing the employes, and in case of such withdrawal the additional sum of $10,000 per annum will be devoted to the education of said Indians. (Art. 9.) In lieu of all sums or other annuities provided to be paid for the Indians herein named under any treaty or treaties heretofore made, the United States agrees to de liver on the reservation on or before the 1st day of August, each year, for thirty years the following articles : To each male person over fourteen, a coat, pantaloons, shirt, hat, and pair of socks. To each female over twelve, a flannel skirt, or goods to make it, a pair of hose, 12 yards of calico, and 12 yards of cotton domestics. For the boys and girls under the ages named,- such flannel and cotton goods as may be needed to make each a suit, and a pair of woolen hose for each. In addition to clothing, the sum of $10 for thirty years to such persons as roam or hunt are entitled to the benefi cial effects of this treaty. To each person engaged in farming, to he used in the pur chase of such articles as the Secretary of the Interior may deem proper, $20. If within thirty years it shall appear that the money needed for clothing can be appro priated for better uses, Congress by law shall change the appropriation to other pur poses, but in no event shall the amount of this appropriation be withdrawn or dis continued during the period named. It is expressly stipulated that each Indian over the age of four years who shall remove to and settle permanently upon the reserva tion and comply with the stipulations of this treaty, shall lie entitled to receive for a period of four years, 1 pound of meat and 1 pound of flour per day, provided the Indians can not furnish their own subsistence at an earlier date. To each Indian commencing farming there shall be given one good American cow, one good pair of American oxen, within sixty days after they shall settle. An army officer shall attend to the delivery of these supplies, and the agent shall furnish to the Commissioner of Indian Affairs a full and exact census of the ludians upon the reservation, upon which the distribution is to be based. (Art. 10.) The parties to this treaty relinquish the right to occupy permanently the country outside their reservation, but reserve the right to hnnt on any lands north of the North Platte, and on the Republican Fork of the Smoky Hill River, so long as buffalo may range thereon in such numbers as to justify the chase. The Indians withdraw all opposition to the construction of railroads not passing over their reservation, agree ing not to interfere or attack any travellers, or capture or kill any persons, or molest property. For any roads passing over their lands, the Government shall pay the tribe whatever amount of damage shall be assessed by three commissioners to be ap pointed by the President for that purpose, one of said commissioners to be a chief or headman of the tribe. They also agree to the establishment of military posts not in violation of treaty. (Art. 11.) No treaty for the cession of any part or portion held in common of the reservation herein described shall be of any validity or force unless executed and signed by at least three-fourths of all adult male Indians interested in the same, and no cession by the tribe shall deprive, without his consent, any individual member of his right to any tract of land selected by him as provided in article 6 of this treaty. (Art. 12.-) The sum of $500 shall be paid annually for three years to the ten persons of the said tribe who, in the judgment of the agent, grow the most valuable crops for the respective years. (Art. 14.) 278 INDIAN EDUCATION AND CIVILIZATION. The Indians agree that when the agency house and other buildings shall be con structed that they will make the reservation their permanent home, but they shall iiave the right, subject to the conditions and modifications of the treaty, to hunt as stipulated in article 11. (Art. 15.) "The United States hereby agrees and stipulates that the country north of the North Platte River and east of the summits of the Big Horn Mountains shall beheld and considered to be unceded Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same, or without the consent of the Indians, first had and obtained, to pass through the same ; and it is further agreed by the United States that, within ninety days after the conclusion of peace with all the bands of the Sioux Nation, the mili tary posts now established in the territory in this article named shall be abandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed." (Art. 16.) "It is hereby exp ressly understood and agreed by and between the respective par ties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the same effect, and shall be construed as abrogating and an nulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indiana as become parties to this treaty, but no further." (Art. 17.) . Proclaimed February 24, 1869. 1 By Executive order of January 11, 1875, the following tract in Dakota was with drawn from sale and set apart as a reservation for several tribes of Sioux, as an addi tion to their present reservation : Commencing on the east bank of Missouri River, where the forty-sixth parallel of north latitude crosses the same; thence east with said parallel to ninety-ninth degree of west longitude; thence south with said degree to east bank of Missouri River; thence with said east bank up to place of beginning. 2 By Executive order of March 16, 1875, the following tract of land was withdrawn from public sale and set apart as a reservation for the several tribes of Sioux, in addi tion to their present reservation : Commencing at a point where the one hundred and second degree of west longitude intersects the forty-sixth parallel of north latitude ; thence north on said degree of longitude to the south bank of the Cannon Ball River; thence down the south bank of said river to a point on the east side of the Missouri opposite the mouth of said Cannon Ball River ; down east bank of the Missouri to mouth of Beaver River ; up south bank of Beaver River to the one hundredth degree of west longitude; south with said degree to forty-sixth parallel of latitude; west with said parallel of latitude to the place of beginning. 3 By Executive order of May 20, 1875, the following tract was withdrawn from sale and set apart as for the use of the several tribes of Sioux, as an additional reserva tion : That portion lying south of an east and west line from the northwest corner of the Yankton Indian Reservation to the ninety-ninth degree of longitude, and between said longitude and the Missouri River on the west and the Yankton Reservation on the east. 4 By Executive order of November 28, 1876, the following tract of land in Dakota Territory was withdrawn from sale and set apart for the several tribes of Sioux in said Territory : Commencing at a point on the south bank of Beaver River, intersected by the one hundredth degree of west longitude; thence in a direct line to the east corner of the Fort Rice military reservation ; thence southwest along said reserva tion to the east bank of the Missouri River; thence with said east bank to mouth of Beaver River; thence up the south bank of said river to the place of beginning. 5 1 United States Statutes at Large,. Vol. XV, p. 635. 2 See Report of the Indian Commissioner, 1882, p. 263. 3 Ibid., p. 263. 4 1 bid., p. 263. 6 IUl, p. 363. DAKOTA STANDING ROCK AGENCY. 279 Drifting Goose Reserve. 1 EXECUTIVE MANSION, June 27, 1879. It is hereby ordered that townships numbered 119, 120, and 121 north, of range 63 west, in the Territory of Dakota, be, and the same are hereby, set apart as a reserva tion for the use of " Mag-a-bo-das, "or " Drifting Goose," band of Yanktonais Sioux Indians. R. B. HAYES. EXECUTIVE MANSION, July 13, 1880. It is hereby ordered that townships numbered 119. 120, and 121 north, of range 63 west, in the Territory of Dakota, set apart by Executive order dated June 27, 1879, for the use of " Mag-a-bo-das," or " Drifting Goose," band of Yanktonais Sioux In dians, be, and the same are hereby, restored to the public domain. R. B. HAYES. An act (of February 28, 1877) to ratify an agreement between the Jforthe rn Cheyenne and Arapahoe, the Ogallala, Brule, Lower and Upper Yanktonai, Uncpapa, Blackfeet, /Sans Arc, Two Kettle, Minneconjou, Lower Brule, and Santee bands of Sioux, made at Eed Cloud, Spotted Tail, Standing Rock, Cheyenne Hive); Crow Creek, Lower Brule, and Santee Agencies, from September 26 to October 27, 1876. Northern and western boundaries of reservation defined in article 2 of treaty of April 29, 1868, to be as follows : The western boundaries shall commence at the inter section of the one hundred and third meridian of longitude with the northern bound ary of the State of Nebraska : thence along said meridian to its intersection with the south fork of the Cheyenne River; thence down said stream to its junction with the north fork ; thence up the north fork of the said Cheyenne River to the said one hundred and third meridian ; thence north along said meridian to the south branch of Cannon Ball River or Cedar Creek ; and the northern boundary of their reservation shall follow the said south branch to its intersection with the main Cannon Ball River, and thence down the said main Cannon Ball River to the Missouri River. Indians cede to United States all territory outside said reservation, including priv ilege of hunting. Article 16, treaty of April 29, 1868, hereby abrogated. (Art. 1.) Three roads to be constructed and maintained from the Missouri through the reservation to country west, and free navigation of Missouri River. (Art. 2.) Annuities to be received at such points as the President may designate. (Art. 3.) Delegation of five to visit the Indian Territory with a view of selecting a perma. neut home for the Indians, and if the Indians agree to remove they shall do so within one year. (Art. 4.) Besides schools and instruction in agriculture, as provided' in treaty of 1368, the following rations given to each individual : A pound and a half of beef, or a half of a pound of bacon, one-half pound of flour, and one-half pound of corn, and for every 100 rations 4 pounds of coffee, 8 pounds of sugar, and 3 pounds of beans, or in lieu thereof their equivalent. Said rations, or so much thereof as may be necessary, to continue until the Indians are able to support themselves. Whenever Indians are located upon lands suitable for cultivation, rations to be issued only to those who labor, the aged, sick, and infirm excepted. Rations to be issued to head of each family. Indians shall receive payment for their labor in other necessary articles. Government to aid in finding a market for their surplus productions, and purchase such surplus as far as may be required, and employ Indians as far as practicable in work upon reservation. Children between the ages of six and fourteen to receive no rations unless attending school, sick and infirm excepted. (Art. 5.) Head of family selecting an allotment and cultivating it in good faith, Government to erect, with his aid, house for him. If Indians remove to Indian Territory, Gov ernment to erect houses for principal chiefs. (Art. 6.) See Report of Indian C^)minT8sioiier7l8797p. 24 ; Ibid., 1886, p. 3J7. 280 INDIAN EDUCATION AND CIVILIZATION. All employes to be married, and must have their families with them. (Art. 7.) Treaty of 1868 in fall force, except as herein modified. " Congress shall, by appro priate legislation, secure to " the Indians " an orderly " government ; they shall be sub ject to the laws of the United States, and each individual shall be protected in his rights of person, property, and life. (Art. 8.) Indians pledge themselves to select allotments of land as soon as possible, to main tain peace with the United States, and to observe its laws and treaties, and may select suitable men from each tribe to cooperate with the President in maintaining order, who shall receive such compensation as Congress may provide. (Art. 9.) Census to be taken in December of each year. (Art. 10.) The term "reservation" to apply to any country selected as the future home of said Indians. (Art. 11.) Article 4 and the last clause of article 6 not agreed to by the Sioux Nation, " and nothing in this act shall be construed to authorize the removal of the Sioux Indians to the Indian Territory, and the President of the United States is hereby directed to prohibit the removal: of any portion of the Sioux Indians to the Indian Territory until the same shall be authorized by Congress." Approved February 28, 1877. l By Executive order of August 9, 1879, the following tracts of land were restored to the public domain : Beginning at a point where the west line of Fort Randall mili tary reservation crosses the Missouri River ; thence along said river to the mouth of American Creek ; up t said creek to the ninety-ninth degree of west longitude ; south along said degree to a point due west from the northwest corner of the Yauktoii Indian Reservation ; thence east to northwest corner of said reservation ; thence south to north boundary of Fort Randall military reservation ; thence on said bound ary line to northwest corner of said reservation ; thence south on west boundary line of said reservation to place of beginning. Also, beginning at the east bank of the Missouri River, at the mouth of Medicine Knoll Creek ; thence up the Missouri to the boundary line of Fort Sully military reservation ; thence along said boundary to the southeast corner of said reservation ; thence northwest on said boundary line to the northeast corner of said reservation ; thence north to the east bank of the Missouri River; thence up. said bank to the mouth of the Bois Cache ; thence north to the east bank of the Missouri Rivey ; thence up said bank to the south line of township 129 north ; thence east on said township line to the line between ranges 78 and 79 west ; thence north on said line to Beaver Creek or north boundary line of reservation set aside in Executive order of March 16,1875: thence west along said creek to east bank of Missouri River; thence up said east bank to southeast corner of Fort Rice military reservation; northeast along said reservation to the east corner thereof; thence in a direct line to a point on south bank of Beaver Creek where said creek is intersected by the one-hundredth degree of west longitude ; thence south with said degree to forty-sixth parallel of north latitude ; thence east with said parallel to the ninety-ninth degree of west lon gitude ; thence south with said degree to its intersection with the north boundary line of the old Crow Creek Reservation ; thence west on north boundary of said res ervation to the east boundary of the old Winnebago Reservation ; thence north along said east line to the northeast corner of said Winnebago Reservation ; thence west along said boundary to the middle channel of Medicine Knoll Creek ; thence to the place of beginning. 2 By Executive order of January 24, 1882, the following country in Nebraska was with drawn from sale and set apart as an additional reservation for the Sioux Indians : Beginning at a point on the boundary line between Nebraska and Minnesota, where the range line between ranges 44 and 45 west of the sixth principal meridian in Da kota intersects said boundary ; thence west 10 miles, thence north to said boundary line ; thence east to the place of beginning. 3 1 United States Statutes at Large, Vol. XIX, 254. - See Report of Indian Com missioner, 1882, p. 263. 3 Hid, p. 263. DAKOTA SISSETON AGENCY. 281 By Exesutive order of March 20, 1884, the lands embraced within the three existing executive additions to the great Sioux Reservation, in Dakota, east of the Missouri River, viz, the one opposite the standing Rock Agency, the one opposite the mouth of Grand River, and the site of the old Grand River Agency, and the one opposite the mouth of the Big Cheyenne River and the Cheyenne Agency, were restored to the public domain, being no more needed for the purpose for which they were withdrawn from sale and settlement. 1 SISSETON AGENCY. [Post-office address : Sisseton Agency, Dak.] LAKE TRAVERSE RESERVATION. How established. By treaty of February 19, 1867; agreement, Sep tember 20, 1872 ; confirmed by act of Congress Jane 22, 1874. Area and survey. Contains 918,780 acres, of which 14.000 are classed as tillable. 2 Surveyed. Acres cultivated. The Indians have under.cultivatiou 4,850 acres. 3 Tribes and population. The tribes living here are Sisseton and Wah- peton Sioux. Population in 1886, 1.496. 4 Location. The features of the locality are as follows: The reservation, which is triangular in shape, has its northeast corner at the out let of Lake Traverse, which is on the boundary between Minnesota and Dakota, and about midway between their northern and southern boundaries; thence in a southwesterly course along the shore of that lake, whence it continues about 45 miles beyond its head to Lake Kampeska for its southern point; thence in a straight northwesterly course to a place on the "coteaus" for its northwest point about 10 miles north and 40 miles west of the original starting point; thence in a slightly south easterly course straight to the outlet of Lake Traverse. Three-fourths of its area can be plowed, and is land of the finest quality for agricultural purposes, while the bal ance is well adapted to grazing purposes. The reservation embraces many of the wooded ravines of the " coteaus," which supply the Indians with wood in plenty and much to spare. It is well supplied with spring water and is dotted with innumera ble lakes of small size. 5 Government rations. Five per cent, of these Indians subsisted on Gov ernment rations, 1.S86. 6 Mills and Indian employes. Steam saw and grist mills erected in 187 1. 7 Flouring mill in 1873. 8 Indian police. Established in 1871. 9 Indian court of offences. Included in the organization described on page 51, Eeport of Indian Commissioner for 1884. School population, attendance, and support. School population as esti. mated in 1886 was 379; the following table shows accommodation, attendance, etc.: 1 Report of Indian Commissioner, 18d4, p. 253. ~ Ibid, p. 306. 3 1 bid. * Ibid., 1886, p. 396. 5 7i>irf, 1884, p. 39. The Sissetons in 1887 received their lauds in sever- alty, urder the act of February 8, 1887. *Ibid., 1886, p. 414. 7 Ibid., 1871, p. 531. Ibid., 1873, p. 226. 9 Ibid., 1871, p. 533. 10 Ibid., 1886, p. xc. 282 INDIAN EDUCATION AND CIVILIZATION. o * . ad a School. II I Cost. H |l 1 '-,> --- - Months. 150 112 9 $17 340 72 14 13 1 262 54 Good Will Mission boarding contract 60 53 13 3 240 00 Missionary work. This work is carried on under the Home Boaid of the Presbyterian Church, and the Protestant Episcopal Church. Eight churches and eight missionaries are reported in 1884. The Good Will Mission is under Mr. and Mrs. W. K. Morris. The latter is a daughter of the late S. E. Eiggs. For the treaties with these bands of the Sioux tribe, as well as the acts of Congress affecting them prior to 1867, see the Sioux treaties under Sioux Eeservation. SYNOPSIS OF TREATIES. Treaty between the United States and the Sisseton and Wahpeton lands of Sioux Indians, made at Washington February 19, 1867. From 1/200 to 1,500 of the Sisseton and Wahpeton Sioux not only preserved their obligations to the Government during the outbreak of other bands of Sioux in ly62, but rescued white residents on the Sioux reservations, and obtained captives ma.de by the hostile bands. From 1.000 to 1,200 Sisseton and Wahpetou Sioux, fearing indiscriminate vengeance from the white people, fled to the prairies of the Northwest, where they still remain ; and Congress in confiscating the Sioux annuities and reser vation made no provision or support for these friendly Indians, they having been suffered to remain homeless wanderers, subject to intense suffering from the lack of food and clothing, although prompt in rendering service against hostile Indians. The In dians therefore ask that provision shall be made for them to return to an agricultural life. The Indians cede to the United States the right to construct wagon roads, railroads, mail stations, telegraph lines and other public improvements over their lands claimed, as follows : " Bounded on the south and east by the treaty-line of 1851 and the Eed River of the North to the mouth of Goose River ; on the north by the Goose River and a line running from the source thereof by the most westerly point of Devil's Lake to the Chief's Bluff, at the head of James River ; and on the west by the James River to the mouth of Moccasin River, arid thence to Kempeska Lake." (Art. 2.) For the members of the said bands who have heretofore surrendered to the author- ' ities and were not sent to the Crow Creek Reservation, and for others who were re leased from prison in 1866, the following reservation is set apart: "Beginning at the head of Lake Travers[e], and thence along the treaty-line of the treaty of 1851 to Kampeska Lake; thence in a direct line to Reipan, or the northeast point of the Coteau des Prairie[s], and thence passing north of Skunk Lake, on the most direct Une to the foot of Lake Traverse; and thence along the treaty-line of 1851 to the place of beginning." (Art. 3.) DAKOTA SISSETON AGENCY. 283 For all similar members of said bauds, and also for the Cut-head bands of Yanktonai Sioux, a reservation as follows: "Beginning at tbe most easterly point of Devil's Lake, tbence along the waters of said lake to the most westerly point of the same; thence on a direct line to the nearest point on the Cheyenne River ; thence down said river to a point opposite the lower end of Aspen Island ; and thence on a direct line to the place of beginning." (Art. 4.) The reservation shall be surveyed, 160 acres to each head of a family and each sin gle person over twenty-one years ; any one who shall cultivate a portion of his allot ment for five consecutive years shall be entitled to a patent so soon as he shall have 50 acres of said tract fenced and in crops. Said patent shall not authorize any trans fer of said lands or portions thereof except to the United States, and said lands and improvements shall descend to the proper heirs of the person obtaining a patent. (Art. 5.) Congress, at its own discretion, from time to time, shall make such appropriation as may be deemed requisite to enable the Indians to return to an agricultural life, in cluding, if thought advisable, the establishment and support of a manual-labor school, and the employment of mechanical, agricultural, and other teachers, and open ing and improving individual farms. (Art. 6.) An agency shall be established at Lake Traverse, and whenever there shall be five hundred persons permanently located on the Devil's Lake Reservation an agent or other competent person shall be appointed to superintend the agricultural, educa tional, and mechanical interests. (Art. 7.) All expenditures shall "be for agricultural improvement and civilization. No goods and provisions, except material for the erection of houses or to facilitate agriculture, shall be issued, excepting in payment for labor, or in cases of age, sickness, or deform ity. (Art. 8.) No person shall be authorized to trade for furs or peltries within the limits of the lands now claimed by these tribes. (Art. 9.) Chiefs and head-men are authorized to adopt such rules and regulations for the security of life and property as may be necessary, and shall have authority under the direction of the agent, without expense to the Government, to organize a force to carry out such rules and laws, and all rules and regulations as may be prescribed by the Interior Department. All rules and regulations adopted or amended by the chiefs shall receive the sanction of the agent. (Art. 10.) Amended April 22, 18G7 ; proclaimed May 2, 1867.' By act of Congress, June 7, 1872, the Secretary of the Interior was authorized to report upon the title of the Sisseton and Wahpeton bands of Sioux to the land de scribed in article 2, of the treaty of February 19, 1887, "or by virtue of any other law or treaty whatsoever, excepting such rights as were secured to said bands of In dians of the third and fourth articles of said treaty as * a permanent reservation ' ; and whether any, and if any, what, compensation ought, in justice and equity, to be made to said bands of Indians, respectively, for the extinguishment of whatever title they may have had to said lands.'" 2 Agreement between the Untied States and the Sisseton and Wahpelon bands of Sioux In dians, September 20, 1872. :5 The Indians cede to the United States all the territory described in article 2 of the treaty of February 19, 1867, as well as all lands in the Territory of Dakota in which they have title or interest. The United States agrees to pay $80,000 annually for ten years, the same to be ap portioned to the Sisseton and Devil's Lake Agency in proportion to the number of Indians located upon the two reservations. The money to be expended under the 'United States Statutes at Large, Vol. XV, p. 505. 2 /ftirf., Vol. XVII, p. 281. a Agreement in full, Revision of Indian Treaties, p. 1050. 284 INDIAN EDUCATION AND CIVILIZATION. direction of the President in accordance with the provisions of the treaty of Feb ruary 19, 1867, to wit, for goods and provisions, erection and maintaining manual- lahor school and public schools, mills and workshops, opening and fencing farms, agricultural implements and stock. (Art. 2.) By act of Congress of February 14, 1873, the agreement made September 20, 1872, was amended by omitting that part included in paragraphs 3, 4, 5, 6, 7, 8 and 9, "No payments to be made until after the ratification by said Indians of said agreement as hereby amended." 1 By act of Congress of June 22, 1874, the agreement confirmed as amended, and pay ments authorized. 2 DEVIL'S LAKE AGENCY. [Post-office address : Fort Totten, Ramsey County, Dak.] DEVIL'S LAKE RESERVATION. How established. By treaty, February 19, 1867; agreement, Septem ber 20, 1872; confirmed, Act of Congress, June 22, 1874. 3 Area and survey. Contains 230,400 acres, of which 150,000 are classed as tillable. 4 Outboundaries partly surveyed. Acres cultivated. The Indians have under cultivation 3,155 acres. 5 Tribes and population. The tribes living here are the Cut-head, Sisse- ton, and Wahpeton Sioux. Total population, 937. 6 Location. The agricultural features of the reservation are thus de scribed : Devil's Lake Indian Reservation (which includes the military reservation of Fort Totten) * * * lies along the southern shore of Devil's Lake, in northeastern Da kota, in latitude 48. It is excellent agricultural land, producing cereals and vegeta bles of the very best quality in large and paying quantities. 7 Early flint and red corn also mature and yield surprisingly when not overtaken by early fall frosts, but the oc currence of such frosts makes the corn crop an uncertain one. 8 It also possesses * * * sufficient timber for fuel, some of the oak being suitable for dimension lumber for build ing purposes. * * * Water is easily obtained [and] the prairies are unsurpassed for summer grazing. 9 The hills contain large quantities of loose limestone, valuable for building purposes, and the ravines running out from the lake, together with dried- up beds of numerous small lakes throughout the reservation, furnish an abundant supply of wild hay. 10 Government rations. Twelve per cent, of these Indians subsisted by Government rations. 11 Mills and Indian employes. A mill was erected in 1872. 12 Employes reported in 1879. ir< Indian police. Established in 1880. 14 : ^ Indian court of offenses. Established in 1883. 15 i United States Statutes, Vol. XVII, p. 456. 2 IMtL, Vol. XVIII, p. 167. Sisseton Agency, Lake Traverse Reservation. 4 Report of Indian Commissioner, 1884, p. 306. * Ibid., p. 306. ''Ibid., 1886, p. 394. 7 /6irf., Ih81, p. 33. 8 76w7., 1880, p. 28. 9J&iU, 1881, p. 33. 10 Ibid.; 1880, p. 28. "Ibid., 1886, p. 412. 2 Ibid., 1872, p. 259. 13 Ibid., 1879, p. 28. l Ibid., 1880, p. 30. lfl /6tU, 1883, p. 27. DAKOTA DEVIL 8 LAKE AGENCY. 285 School population, attendance, and support. 1 School population as esti mated in 1886 was 210 ; the following tables exhibits other school items: Bg g School. 11 el 5 Q 1 1 Cost, -4 ^ 02 Months. 30 36 10 $4 139 37 60 77 10 8 024 45 Missionary work. The Presbyterian Church and the Eoman Catholic Church have missions among these Indians. Five churches and two missionaries reported in 1886. TURTLE MOUNTAIN RESERVATION. How established. By Executive orders, December 21, 1882 ; March 29 and June 3, 1884. Area and survey. Contains 46,080 acres. 2 Tillable acres, 15,000. 2 Not surveyed. Acres cultivated. One thousand and fifty-live reported cultivated and broken in 1886. Tribes and population. Tbe tribes living here are the Chippewas, of the Mississippi. Total population, 1,245. 3 Location. The Turtle Mountain Reservation consists of two town ships, which form the southeastern portion of the mountain, and con tain sufficient arable land and also sufficient timber for the use of the Indians and mixed bloods. 4 Government rations. Twenty-five per cent, of these Indians subsisted by Government rations in 1886. 5 Mills and employes. None reported. Indian police. None reported. Indian court of offenses. None reported. School population, attendance^ and support. 6 School population as es timated in 1886 was 263 ; other items are as follows : School. Accom m o - dation. Average at tendance. Session. Cost. St. Mary's boardin " (Turtle Mountain) 70 38 Months. 12 -$5, 400. 00 40 19 ii 460. 00 Missionary ivork. The Roman Catholic Church has a mission here. One church and one missionary reported in 1886. 1 Report of Indian Commissioner, IH-fJ, p. xc. - fbid., 16, pp. 362, 42(5. ,, 1886, p. 394. * Ibid., p. 34. Ibid., 1886, p. 412. * Ibid., p. xc. 286 INDIAN EDUCATION AND CIVILIZATION. Executive orders. 1 DECEMBER 21, 1882. It is hereby ordered that the following-described country in the Territory of Dakota, viz : Beginning at a point on the international boundary where the tenth-guide mer idian west of the fifth principal meridian (being the range line between ranges 73 and 74 west of the fifth principal meridian) will, when extended, intersect said inter national boundary ; thence south on the tenth-guide meridian to the southeast corner of township 161 north, range 74 west ; thence east on the fifteenth standard parallel north, to the northeast corner of township 1GO north, range 74 west ; thence south on the tenth-guide meridian, west to the southeast corner of township 159 north, range 74 west; thence east on the line between townships 158 and 159 north to the south east corner of township 159 north, range 70 west ; theuce north with the line between ranges 69 and 70 west to the northeast corner of township 160 north, range 70 west ; thence west on the fifteenth standard parallel, north to the southeast corner of town ship 161 north, range 70 west; thence north on the line between ranges 69 and 70 west to the international boundary; thence west on the international boundary to the place of beginning, be, and the same is hereby, withdrawn from sale and settle ment and set apart for the use and occupancy of the Turtle Mountain band of Chip- p'ewas and such other Indians of the Chippewa tribe as the Secretary of the Interior may see fit to settle thereon. CHESTER A. ARTHUR. MARCH 29, 1884. It is hereby ordered that the tract of country in the Territory of Dakota with drawn from sale and settlement and set apart for the use and occupancy of the Turtle Mountain band of Chippewa Indians by Executive order dated December 211, 882. ex cept townships 162 and 163 north, range 71 west, be, and the same is hereby, restored to the mass of the public domaiu. CHESTER A. ARTHUR. 3, 1884. The Executive order dated March 29, 1884, whereby certain lands in the Territory of Dakota previously set apart for the use and occupancy of the Turtle Mouutaiu band of Chippewa Indians were, with the exception of townships 163 and 163 north, range 71 west, restored to the mass of the public domain, is hereby amended so as to substitute township 162 north, range 70 west, for township 163 north, range 71 west, the purpose and effect of such amendment being to withdraw from sale and settle ment and set apart for the use and occupancy of said Indians said township 162 north, range 70 west, in lieu of township 163 north, range 71 west, which last men tioned township is thereby restored to the mass of the public domaiu. CHESTER A. ARTHUR. PONCA RESERVATION. [In charge of Santee Agency, Nebraska.] How established. By treaty of March 12, 1858, and supplemental treaty, March 10, 1865. Area and survey. Contains 90,000 acres. 2 Tillable acres not reported. Partly surveyed. 3 Report of Indian Commissioner, 1886, p. 323. See treaties of Poricas, in Indian Territory. -Ibid., 1884,. p. 257. 3 /6id.,p. 257. DAKOTAYANKTON AGENCY. 287 Acres cultivated. Acres cultivated, 519. 1 Tribes and population. The tribe living here is the Ponca. Popula tion, 274. 3 Location. The reservation is situated on the north side of the Nio- brant Eiver where it empties into the Missouri. Government rations. None reported in 1886. Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. School population^ attendance* and support: 3 School population, as estimated in 1886 47 Government day school accommodation 50 Average attendance 9 In session (months) 11 Cost to Government $600.00 Missionary -work. No missionary stationed here. YANKTON AGENCY. [Post-office address, Yankton Agency, Greenwood, Dak.] YANKTON RESERVATION. Hoiv established. By treaty of April 19, 1858. Area and survey. Contains 430,405 acres, o*f which 25,000 are classed as tillable. 4 Surveyed. Acres cultivated. The Indians have under cultivation 2,911 acres. 5 Tribes and population. The tribe living here is the Yankton Sioux. Population, 1,77G. 6 . Location. This reservation has been thus described: By treaty of 1858 the Yauktons, then laying claim to some millions of acres in Dakota, ceded all to the Government, except some 430,000 acres comprised in their present reservation lying 30 miles along the Missouri River and over 20 miles back. Its eastern boundary is Choteau Creek, some 45 miles from Yankton. The tract contains some 15,000 acres of river bottom, timbered occasionally with cotton- wood, and varying from one -quarter of a mile to 2 miles in width. The remainder consists of high, rolling praries. 7 Government rations. Fifty per cent, of these Indians subsisted by Government rations in 1886." Mills and employes. A mill was built in 1859. Employe's were re ported in 1873. Indian police. Reorganized in 1882. Indian court of offenses. Reported established. Report of Indian Commissioner, 1886, p 432. 2 Ibid., p. 402. 3 Ibid., 1886, p. xciv. 4 Ibid., 1884, p. 306. 5 IMd., 1886, p. 428. * Ibid., p. 396. ''Ibid., 1878, p. 46. Ibid., 1886, p. 414. 288 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support. 1 School population as esti mated in 1886 was 355; the statistics of the two schools were as fol lows: a a "S 3 School. 1 11 a Cost, 3 1 1 Months. 87 66 9 $9, 314. 50 lay school contract . 40 23 10 938. 44 Missionary work. The Presbyterian and Protestant Episcopal Churches have missions here. Eev. John P. Williamson represents the former and reports, in 1886, two churches ; amount contributed by the Indians to support of preaching, $108; to missionary society, $263. The Eev. Joseph W. Cook represents the latter church, and reports one church and three stations, and $130 contributed to ward church service, beside $295 raised for church building. SYNOPSIS OF TREATIES. For treaty of July 19, 1815, see Sioux treaty same date, United States Statutes, Vol. VII, 128. For treaty June 22, 1825, see Sioux treaties same date, United States Statutes, Vol. VII, 250. For treaty October 15. 1836, see Sioux treaties same date, United States Statutes, Vol. VII, 524. Treaty ivith the Yankton tribe of Sioux, made at Washington, October 21, 1837. These Indians agree to cessions of land by the treaties of 1830 and September 29, 1837. 2 (See Sioux treaty same date.) The United States agrees to pay $4,000 ; $1,500 of which shall be for horses and presents to the chiefs; $2,000 in goods ; $500 for removing the agency buildings and blacksmith shop. (Art. 2.) Expenses of treaty to be paid by United States. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed February 21, 1838. 3 Treaty between the United States and the Yankton Sioux, made at Washington April 19, 1858. The Indians cede all lands now owned, possessed, or claimed by them wherever situated, to wit : " Beginning at the mouth of the Tchankasatidata or Calumet or Big- Sioux River; thence up the Missouri River to the mouth of the Pahakwakan or East Medicine Knoll River; thence up said river to its head; thence in a direction to the head of the main fork of the Wandushkahfor or Snake River; thence down said river to its junction with the Tchansausan or Jacques or James River? thence in a direct line to the northern point of Lake Kampeska ; thence along the northern shore of that lake and its outlet to the junction of said outlet with the Big Sioux River ; 1 Report of Indian Commissioner, 1886, p. xc. ^United "states StatutesTat Lar 1 United States Statutes at Large, Vol. Xii, p. ( J.~>7. 298 INDIAN KDUGATION AND CIVILIZATION. Treaty of October 17, 1855. The Nez Perec's took part in this treaty, which estab lished the Biackfeet territory and a common hunting-ground. 1 Treaty between the United States and the Nez Ferce Indians, made at the council ground in Lapwai Valley, Washington Territory, June 9, 1863. The Nez Pert- 6 Indians ceded to the United States, that part of their reservation lying within the present limits of Oregon and Washington Territory and along the Snake and Salmon Rivers, reserving a portion of the Clear Water Valley, which con stitutes their present reservation. The Indiana agreed to remove to within the limits of their reservation within one year, and similar provisions were made for compen sating Indians for their improvements on the ceded lauds as in article 2 of the treaty of 1855. (Arts. 1 and 2.) The President to cause the boundaries of the reservation to be surveyed, and such portion of the land as is suitable for cultivation divided into lots of 20 acres. All males over twenty-one years, or the heads of families, to have the privilege of select ing each one lot and locating on it. Certificates of allotments giving a right to oc cupancy to be issued by the Commissioner of Indian Affairs to each one taking a lot of laud. The residue of the land to be held in common for pasturage. No State or Territorial law, without the consent of Congress, to remove the restriction placed upon the land allotted to Indians. (Art. 3.) In addition to goods and provisions distributed at the time of signing the treaty the United States agrees to pay to the Indians $262,500 ; $150,000 to be used to renio\ e the Indians, and plow and fence the lots of land taken in several ty, the sum to be divided into four annual instalments, respectively of $70,000, $40,000, $25,000, and $15,000; the sum of $50,000 to be expended in agricultural implements, wagons, harness, and stock ; $10,000 for a saw and flouring mill ; $2,500 for the erection of two churches ; $50,000 for the trade and clothing of school children, fencing of school farm, and furnishing of agricultural implements, wagons, and teams for the school this sum to be paid in sixteen instalments, one of $6,000, fourteen of $3,000, one oi' $2,000. (Art. 4.) As the provisions of article 4, treaty of 1855, had not been complied with, the United States agrees to appropriate $2,000 to erect and furnish a blacksmith shop, and 1o maintain it for fifteen years at a cost of $500 per annum. Also to appropriate $:5,0()0 for the erection of houses for employes and for repairs on mills and shops, and to maintain the same for twelve years at $2,000 per annum, and to employ, in addition to the employe's already agreed upon by former treaty, one farmer, one carpenter, and two millers, for three succeeding years, at $1,000 per year. (Art. 5.) As the provisions concerning schools in the treaty of 1855 have not been complied with, the United States agrees to appropriate $10,000 for the erection of two schools, including boarding homes and the necessary outbuildings, schools to be conducted on the manual labor system. Aud in addition to the teachers promised by the pre vious treaty, two matrons to take charge of boarding-schools and two assistant teachers. (Art. 5.) In addition to the head chief, the tribe to elect two subordinate chiefs, who shall be paid the same salary as the head chief, and be provided with a similar home and farm. The sum of $2,500 to be appropriated to carry out the provisions of the former treaty in regard to the head chief, and a sum of $600 to erect a home for Chief Timothy, who has rendered services to the United States. (Arts. 5 and 6.) For services rendered by individual Indians and horses furnished the Oregon mounted volunteers in 1856, the sum of $4,665, to be paid in gold coin. (Art. 7.) The provision of article 3, treaty of 1855, confirmed with the additional consent that hotels, stage stands, and land for pasturage and other purposes may be estab- 1 See synopsis of treaties giving an account of the Gros Ventre, Piegan, Biackfeet, and River Crow Reservations in Montana Territory; United States Stat utes, Vol. XI, p. 657. IDAHO NEZ PERCE AGENCY. 299 lished at snob points on the reservation as shall be necessary for public convenience and of the number and necessity of which the agent or superintendent shall be the sole judge, and who shall be competent to license the same, the rental of these and of all ferries and bridges within the reservation to be held and managed for the beueiit of the tribe. (Art. 8.) All timber within the boundaries of the reservation declared to be the exclusive property of the tribe, the United States to be permitted to use thereof in carrying on its affairs both military and civil. United States agrees to reserve all springs or fountains within the ceded lands not adjacent to or directly connected with the streams or rivers, and to keep back surrounding land from settlement and preserve a perpet ual right of way to and from the springs as watering places for the use in common of both whites and Indians. (Art. 8.) Treaty proclaimed April 20, 1867. l Amendatory treaty made August 13, 1868. All land within the reservation fitted for agriculture and not occupied by the United States for military or agency purposes, to be surveyed in accordance with article 3, treaty of 1863. As soon as the allotments shall be plowed and fenced and the schools established as provided by existing treaty stipulation, such Indians as now live out side the reservation as may be decided by the agent and the Indian, shall be removed and located within the reservation. If there is not sufficient land to allot these In dians, then they may remain on the laud now occupied and improved by them outside the reservation : Provided, That the laud does not exceed 20 acres for every male over twenty-one years or the head of a family ; the tenure of this land shall be the same as provided for those living on allotments within the reservation by article 3, treaty of 1863, and the military authorities shall protect those residing outside in their rights upon the allotments occupied by them, and also in the privilege of grazing their ani mals upon surrounding unoccupied lands. (Art. 1.) The agreement that timber from the reservation could be used in the maintaining of forts and garrisons is annulled. The military authorities to protect the timber on the reservation, and none to be cut without the written consent of the head chief of the tribe; the agent, and the Superintendent of Indian Affairs, stating where the tim ber is to be cut, the quantity, and the price to be paid. (Art. 2.) The amount due for the support of schools and teachers and which has not been ex pended for the purpose since 1864, but used for other purposes, shall be ascertained and the sum reimbursed to the tribe by appropriation of Codgress and the money held in trust by the United States, the interest on the same to be paid to the tribe annu ally for the support of teachers. (Art. 3.) Proclaimed February 16, 1869. 2 . Wallowa Valley Reserve.* DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, June 9, 1873. 'The above diagram is intended to show a proposed reservation for the roaming Nez Perce' Indians in the Wallowa Valley, in the State of Oregon. Said proposed reser vation is indicated on the diagram by red lines, and is described as follows, viz : Commencing at the right bank of the mouth of Grande Eonde River; thence up Snake River to a point due east of the south-east corner of township No. 1, south of the base-line of the surveys in Oregon, in range No. 46 east, of the Willamette merid ian ; thence from said point due west to the West Fork of the Wallowa River ; thence down said West Fork to its junction with the Wallowa River ; thence down said river to its confluence with the Grande Roude River ; thence down the last-named river to the place of beginning. 1 United States Statutes at Large, Vol. XIV, p. 647. 2 /&id., Vol. XV, p. 693. Report of Indian Commissioner, 1886, p. 3f>8. 300 INDIAN EDUCATION AND CIVILIZATION. I respectfully recommend that the President be requested to order that the lauds comprised within the above-described limits be withheld from entry and settlement as public lauds, and that the same be set apart as an Indian reservation as indicated in my report to the Department of this date. EDWARD P. SMITH, Commissioner. DEPARTMENT OF THE INTERIOR, June 11, 1873. Respectfully presented to the President, with the recommendation that he make the order above proposed by the Commissioner of Indian Aifairs. C. DELANO, Secretary. EXECUTIVE MANSION, June 16, 1873. It is hereby ordered that the tract of country above described be withheld from entry and settlement as public lauds, aud that the same be set apart as a reservation for the roaming Nez Perce" Indians, as recommended by the Secretary of the Interior and the Commissioner of Indian Affairs. U. S. GRANT. EXECUTIVE MANSION, June 10, 1875. It is hereby ordered that the order, dated June 16, 1873, withdrawing from sale and settlement and setting apart the Wallow a Valley, in Oregon, described as follows: Commencing at the right bank of the mouth of Grande Roude River; thence up Snake River to a point due east of the south-east corner of township No. 1 south of the base-line of the surveys in Oregon, in ranges No. 46 east of the Willamette me ridian; thence from said point due west to the west fork of the Wallowa River; thence down said west fork to its junction with the Wallowa River; thence down said river to its confluence with the Grande Ronde River; thence down the last- named river to the place of beginning, as an Indian reservation, is hereby revoked and annulled ; aud the said described tract of country is hereby restored to the public domain. U. S. GRANT. CCEUR D'ALENE RESERVATION. UNDER CHARGE OF COLVILLE AGENCY, WASHINGTON TERRITORY. How established. By Executive orders, Juoe 14, 1867, and November 8, 1873. Area and survey. Contains 598,500 acres. 1 Outboundaries partly surveyed. 2 Acres cultivated. Six thousand one hundred acres cultivated. 3 Tribes and population. The tribes living here are the Cceur d'Al^ne, Kutenay, Peud d'Oreille, aud Spokane. Population, 476. 4 Location. The Co3ur d'Alene Reservation is situated in the northern part of Idaho. Cceur d'Alene Lake lies within the reservation. The country is mountainous, well covered with timber, and the valleys afford grazing and agricultural lands. This reservation is distant 110 miles from the agency having charge. Government rations. Twenty-five per cent, of these Indians subsisted by Government rations as reported in 188G. 5 Mills and employes. Not reported. Indian apprentices employed. 1 Report of Indian Commissioner, 1884, p. 257. -Ibid. * Ibid., 1886, p. 434. 4 Ibid., p. 406. 6 Ibid., p. 422. IDAHO CCEUR D'ALENE RESERVATION. 301 ^.udian police. Not reported. Indian court of offences. Not reported. School population and attendance : School population estimated in 1886 100 Accommodation in girls' contract boarding and day school 100 Accommodation in boys' contract boarding and day school 1 200 Average attendance in girls' school 51 Average attendance in boys' school, 72 J 54 C Girls' school $5,629.77 Cost to Government < {Boys'school 5,902.92 Session (months) 12 Missionary work. Missionary work under the Roman Catholic Church. Two churches and three missionaries reported in 1886. Cveur d'Alene Eeserve.- DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, May 23, 1867. SIR : Under date October 1, 1866, Governor Ballard, of Idaho, was instructed to select and report to this office reservations for the use of the Boise" and Bruneau bands of Shoshones in the southern part, and for the Creur d' Ale"nes and other Indians in the northern part of that Territory. These instructions were based upon statements con tained in the annual report of Governor Ballard, printed at pages 191 and 192 of the annual report of this office for 1866. There are no treaties existing with either of the tribes or bauds named, nor, so far as the Shoshones are concerned, have they any such complete tribal organization as would justify treaties with them, even if such arrange ments were practicable under the force of recent legislation by Congress. The north ern tribes have a better organization, but advices from the Executive indicate that while a necessity exists for some arrangement under which the Indians of all the bauds referred to should have some fixed home set apart for them before the lands are all occupied by the whites, who are rapidly prospecting the country, such ar rangements can now be made by the direct action of the Department. I herewith transmit two reports of Governor BaUard, describing tracts proposed to be set apart for these Indians. So far as the one intended for the Shoshones is concerned, its location as a permanent home for those bands is dependent upon the consent of Washakee's band, commonly known and heretofore treated with as the eastern bands Shoshones ; but there is no doubt of their ready acquiescence in the arrangement. The laud referred to is within the limits acknowledged as their hunt ing range by the treaty of 1863. Believing that the interest of the Government as well as that of the Indians requires that such action should be taken, I recommend that the President be requested to set apart the reservation, described in the diagram herewith, for the use of the Indians referred to, and that the General Land Office be directed to respect the boundaries thus denned. Should the suggestions herein contained be approved, and favorable action had, this office will inform the Governor and superintendent of Indian affairs of the fact, and direct such further measures as to carry the plan into operation without delay, so far as the means at the disposal of the Department will permit. Very respectfully, your obedient servant, N. G. TAYLOR, Commissioner. Hon. O. II. BROWNING, Secretary of the Interior. 1 Report of Indian Commissioner, p. xcviii. * JW&, 1886, p. 323. 302 INDIAN EDUCATION AND CIVILIZATION. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, June 6, 1867. SIR: I have the honor to acknowledge the receipt of your communication of the 27th ultimo, transmitting one from the Commissioner of Indian Affairs of the 23d May last, with accompanying documents, relating to proposed Indian reservations in Idaho Territory ; and in obedience to your directions that I examine and report upon the subject-matter, I have to state as follows : The suggestion of the Commissioner of Indian Affairs in reference to the reserva tions proposed for the Boise and Bruneau bands of Shoshones in the southern part of Idaho, and for the Coeur d'Ale"nes and other Indians in the northern part of that Ter ritory, is that the same may be set apart by the President for those Indians as their home reservations to the extent as represented on the accompanying diagrams here with, and transferred on a map of Idaho accompanying this letter, being there rep resented in green and Uue shadings, respectively. The boundaries as defined by the local Indian agents, as per separate diagrams of the above reservations, are : 1st. The Boise" and Bruneau bauds of Shoshoues and Bannock Reservation : "Com mencing on the south bank of Snake River, at the junction of the Pore Neuf River with said Snake River ; thence soiith 25 miles to the summit of the mountains di viding the waters of Bear River from those of Snake River; thence easterly along the summit of said range of mountains 70 miles to a point where Sublette road crosses said divide; thence north about 50 miles to Blackfoot River; thence down said stream to its junction with Snake River; thence down Snake River to the place of beginning," embracing about 1,800,000 acres, and comprehending Fort Hall on the Snake River within its limits. 2d. The Cceur d'A16ne and other tribes of northern Idaho, the proposed reservation for which is shown on the map of Idaho, herewith, in blue color, is represented to be about 20 miles square : "Commencing at the head of the Latah, about 6 miles above the crossing on the Lewiston trail, a road to the Spokane Bridge; thence running north-north easterly to the St. Joseph River, the site of the old Coaur d'Ale"ue Mis sion ; thence west to the boundary line of Washington and Idaho Territories; thence south to a point due west of the place of beginning ; thence east to place of begin ning," including about 250,000 acres. I have to observe that no surveys of the public lands have been made in those por tions of Idaho Territory, nor is this office advised of The extinguishment of Indian titles to the same guaranteed to them by the provisions of the first and seventeenth sections of an act to provide a temporary government for the Territory of Idaho; approved March 3, 1863. l The records of this office showing no objection to the- policy recommended to the Department by the Commissioner of Indian Affairs in his communication of the 23d ultimo, I have the honor to return the same to the Department, together with the papers accompanying the same. I have the honor to be, very respectfully, your obedient servant, Jos. S. WILSON, Commissioner. Hon. W. T. OTTO, Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, Washington, D. C., June 13, 1867. SIR : I submit herewith the papers that accompanied the inclosed report of the Com missioner of Indian Affairs, of the 23d ultimo, in relation to the propriety of select ing reservations in Idaho Territory upon which to locate the Crenr d'Ale~nes and other Indians in the northern part of Idaho, and the Boise" and Brnneuu bands of Shoshones in the southern part of that Territory. United States btaiutes, Vol. XII, pp. 809, 814. IDAHO CCEUR 1/ALENE RESERVATION. ,')03 This Department concurs in the recommendation of the Commissiouer of Indian Affairs that the lands indicated upon the annexed diagram, and detiued in the accom panying report of the Commissioner of the General Laud Office of the 6th instant, be set apart as reservations for the Indians referred to, and I have the honor to request, if it meet your approval, that you make the requisite order in the premises. With great respect, your obedient servant, W. T. OTTO, Acting Secretary. The PRESIDENT. WASHINGTON, D. C., June 14, 1867. Let the lands be set apart as reservations for the Indians within named, as recom mended by the Acting Secretary of the Interior. ANDREW JOHNSON. In 1873 a special commission, of which J. P. C. Shanks was chairman, visited the CoBtir d'Alene Indians in reference to their reservation. The Indians " agreed to relinquish their claim to northern Idaho on condi tion that the Government supply them with stock and farming imple ments, and to remain upon the reservation, provided its boundaries should be changed so as to include the Co3ur d'Alene Mission and some farming lauds in the valley of the Latah (or Hangman's) Creek. The lands were withdrawn by Executive order for the use of these Indians, in accordance with lines agreed upon with the commission ; but the necessary legislation confirming this negotiation has not yet been en acted." 1 EXECUTIVE MANSION, November 8, 1873. It is hereby ordered that the following tract of country in the Territory of Idaho be, and the same is hereby, withdrawn from sale and set apart as a reservation for the Co3ur d'A16ne Indians, in said Territory, viz : " Beginning at a point on the top of the dividing ridge between Pine and Latah (or Hangman's) Creeks, directly south of a point on said last-named creek, 6 miles above the point where the trail from Lewiston to Spokane Bridge crosses said creek; thence in a north-easterly direction in a direct line to the Creur d'Ale"ne Mission, on the Cceur d'Alene River (but not to include the lands of said mission) ; thence in a west erly direction, in a direct line, to the point where the Spokane River heads in or leaves the Cosur d'A16ne Lakes; thence down along the center of the channel of said Spokane River to the dividing line between the Territories of Idaho and Washing ton, as established by the act of Congress organizing a Territorial government for the Territory of Idaho; thence south along said dividing line to the top of the dividing ridge between Pine and Latah (or Hangman's) Creeks ; thence along the top of the said ridge to the place of beginning." 2 U. S. GRANT. 1 Report of the Indian Commission, 174, pp. 57, 88. 2 Report of the Indian Com- ^ inissioiier, 1886, p. 325. CHAPTER XII. INDIAN RESERVATIONS OF INDIAN TERRITORY. This Territory is without organization, and its boundaries are not de fined, except by those of other States and Territories which hedge it. The agents at the various agencies and the military at the posts within this region represent the authority of the Uniteil States. The courts at Fort Smith, Ark., afford legal protection to the white citizens residing within the easterly reservations. 1 Of the many tribes at present living here, only the Kiowa and Comanche, and a few bands of Apache, for merly inhabited a portion of this country 5 although hunting and war parties of the Cheyenne, Arapahoe, Osage, Kansas, Pawnee, Caddo, and Wichita tribes occasionally visited the region. Almost the entire In dian population of this Territory has been transported thither by the power of the United States Government from lands more or less remote. There are twenty live reservations, containing an aggregate area of 31,673,626 acres. There are also unoccupied lands outside of these reservations aggregating 9,423,606 acres, making a total area of the tract known as the Indian Territory of 41,097,332 acres. The total Indian population is 85,283. The following are the agencies : Cheyenne and Arapahoe Agency, having the Cheyenne and Arapahoe Reservation in charge; the Kiowa, Comanche, and Wichita Agency, having the Kiowa and Comauche and Wichita Reservations in charge ; the Osage Agency, having the Kansas and Osage Reservations in charge; the Ponca, Pawnee, and Otoe Agency, having the Oakland, Otoe, Pawnee, and Ponca Reservations in charge ; the Quapaw Agency, having the Modoc, Ottawa, Peoria, Quapaw, Seneca, Shawnee, and Wyandotte ^Reservations in charge; the Sac and Fox Agency, having the Iowa, Kickapoo, Pottawatomie, Sac, and Fox Reservations in charge; "the Union Agency, having the Cherokee, Chickasaw, Choctaw, Creek, and Seminole Reservations in charge. FORT SUPPLY MILITARY RESERVE.-' WAR DEPARTMENT, Washington City, January 16, 1883. SIR : I have the honor, upon the recommendation of the commanding general, De partment of the Missouri, concurred in by the Lieuten ant-General and approved by the General of the Army, to request that the United States military reservation of 1 For legislation setting apart this Territory, see United States Statutes, Vol. IV, p. 411, and Vol. XIV, p. 771. 2 Report of Indian Commissioner, 1886, p. 329. 304 INDIAN TERRITORY CHEYENNE AND ARAPAHOE AGENCY. 305 Fort Supply, Indian Territory, originally declared by Executive order dated April 18' 1682, as announced in General Orders No. 14, of May 10, 1882, from department headquarters, may be enlarged, for the purpose of supplying the post with Avater and timber, by the addition of the following-described tracts of land adjacent thereto, viz : The south half of township 25 north, range 22 west, and the south-west quarter of township 25 north, range 21 west, in the Indian Territory. It has been ascertained from the Interior Department that no objection will be in terposed to the enlargement of the reservation in question as herein indicated. The Commissioner of Indian Affairs, however, with the concurrence of the Secre~ tary of the Interior, recommends that a proviso be inserted in the order making the proposed addition, so as to cover the entire reservation. "that whenever any portion of the land so set apart may be required by the Secretary of the Interior for Indian purposes the same shall be abandoned by the military, upon notice to that effect to the Secretary of War." I have the honor to be, sir, with great respect, etc., ROBERT T. LINCOLN, Secretary of War. The PRESIDENT. EXECUTIVE MANSION, Washington, January 17 > 1883. The within request is approved, and the enlargement of the reservation is made and proclaimed accordingly: Provided, That whenever any portion of the laud set apart for this post may be required by the Secretary of the Interior for Indian pur poses the same shall be relinquished by the military, upon notice to that effect to the Secretary of War ; and the Executive order of April IS, 1882, is modified to this ex tent. The Secretary of the Interior will cause the same to be noted in the General Land Office. CHESTER A. ARTHUR. CHILOCCO INDUSTRIAL SCHOOL RESERVE. 1 EXECUTIVE MANSION, July 12, 1884. It is hereby ordered that the following-described tracts of country in the Indian Territory, viz, sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, and the east half of sections 17, 20, and 29, all in township No. 29 north, range No. 2 east of the Indian meridian, be, and the same are hereby, reserved and set apart for the settlement of such friendly Indians belonging within the Indian Territory as have been or who may hereafter be educated at the Chilocco Indian Industrial School in said Territory. CHESTER A. ARTHUR. CHEYENNE AND ARAPAHOE AGENCY. [Post-office address: Darlington, Ind. T.] CHEYENNE AND ARAPAHOE RESERVATION. . How established. By Executive order, August 10, 1869; uuratified agreement with Wichita, Caddo, and others, October 19, 1872. Area and survey. Contains 4,297,771 acres, of which 30,000 are classed as tillable. 2 Surveyed. 3 Acres cultivated. The Indians have under cultivation 811 acres. 4 1 Report of Indian Commissioner, 1886, p. 328. 2 II) id. ,1884, p. 308. 3 Il)id. , p. 259. 7. COMANCHE, AND WICHITA AGENCY. 321 thirteenth article of this treaty not to affect the rest of the treaty. (Art. 17.) Treaty binding when ratified. (Art. 18.) Proclaimed July 17, 1854. 1 Treaty with the Relawares, made at Sarcoxieville, on the Delaware Reservation, May 30, 1860. Their reservation by treaty of May 6, 1854, lying east and south of a line beginning at a point on the line between the Delawares and Half-breed Kansas, 40 miles in a direct line west of the boundary between the Delawares and Wyandottes ; thence north 10 miles ; thence in an easterly course to a point on the south bank of Big Island Creek, which shall also be on the bank of the Missouri River, where the usual high-water line of said creek intersects the high- water line of said river, to be sur veyed. Eighty acres to be assigned to each member of tribe. (Art. 1.) Usual cer tificate of allotment to be granted. (Art. 2.) Leavenworth, Pawnee, and Western Railroad to have opportunity of purchasing residue of land after allotment at $1/25 per acre. (Art. 3. ) Two hundred Delawares who had gone south to receive allot ments on their return. (Art. 4.) Three hundred and twenty acres where the school and mill stand set aside ; 320 acres for council house ; 160 acres for Baptist mission ; 40 acres for Methodist Episcopal Church, South ; 40 acres for Methodist Episcopal Church, North, to be reserved and disposed of by the Secretary of the Interior when objects have been accomplished. (Art. 5.) United States to pay $12,000 for depre dations on timber by white people, and $9,500 for stock stolen by United States citizens since last treaty was made. If Senate refuse to ratify this article it shall not affect the rest of treaty. Delawares to be compensated for land taken by United States for Kansas Indians. (Art. 6.) Grants and payments to individuals. (Art. 7.) Stipulations inconsistent with previous treaties to be invalid. (Art. 8.) Indians to bear expense of treaty. (Art. 9.) Interest accruing under treaties to be paid on 1st of April and October each year. (Art. 10.) Amended by Senate June 27, 1860. Proclaimed August 22, I860. 2 Treaty with the Delaware Indians, made at Leavenworth City, Kans., July 2, 1861. Certain lands pledged by the Leavenworth, Pawnee and Western Railroad Com pany to secure its bonds. Arrangements made for payments, etc. Proclaimed October 4, 1861. 3 Treaty with the Delaware Indians, made at the Delaware Agency July 4, 1866. Whereas Congress has by law made it the duty of the President of the United States to provide by treaty for the removal of Indian tribes in the State of Kansas, 4 and the Delawares have expressed a wish to remove to the Indian Territory, and the United States has negotiated with certain tribes for the right to locate other tribes on their Territory, and the Missouri River Railroad has expressed a desire to purchase the Delaware Reservation in a body : Therefore, the United States shall cause to be paid the full value of that part of the reservation and its improvements sold to the Leav enworth, Pawnee arid Western Railroad Company by the treaty of 1860 and 1861 (Art. 1.) The remaining lands held by the Delawares shall be sold to the Missouri River Railroad Company or other responsible parties at not less than $2.50 per acre, exclusive of improvements. (Art. 2.) Adult Delawares who may so elect can be come citizens, and their lands and those of their minor children be reserved from sale. Improvements on lands to be sold to be appraised and the money reserved to defray removal and make improvements on new land. Children born since the al- 1 United States Statutes at Large, Vol. X, p. 1048. *Ilid., Vol. XII, p. 1129. 3 Ibid., Vol. XII, p. 1177. 4 See act of March 3, 1863, United States Statutes, Vol. XII, p. 793, sec. 4. S. Ex. 95 21 322 INDIAN EDUCATION AND CIVILIZATION. lotment to receive their share and value of improvement selected for them. (Art. 3.) United States to sell to Delawares a tract equal to 160 acres for each man, woman, and child who shall remove to ceded country, at the price paid by United States to Choctaws, Chickasaws, Creeks, and Semiiioles for the tract. Delawares to pay for this land out of proceeds of sale of lands in Kansas. Land to be surveyed when Dela wares shall request the same. (Art. 4.) Peaceable possession and protection in their new home guaranteed. (Art. 5.) " It is agreed that the proceeds of the sale of the Delaware lands herein provided for shall be paid to said Indians in the manner fol lowing, to wit: Whenever the Department of the Interior shall be notified by the counsel, through the agent, that any of the Delawares who hold land in severalty are ready to remove, at the same time describing their allotments, there shall be paid to each such person the value of his allotment, and that of his family, to enable him to remove to and improve his new home, provided the money for the said allotment shall have been paid to the Secretary of the Interior; and while said money, or any part thereof, shall remain in the Treasury of the United States, the Delawares shall be entitled to receive interest on the amount so retained at the rate of 5 per cent, per annum. And the residue of the proceeds of the sale of the Delaware lands, being those which have not been allotted, or which have once been allotted, but abandoned vby the allottees, shall be added to the general fund of the Delawares, interest thereon to be paid to the Indians in the same manner as is now provided in regard to that fund." (Art. 6.) Secretary to give notice to Missouri Railroad Company, within thirty days after the ratification of this treaty, that the land is for sale. Notice of intention to purchase to be made within twenty days after receiving notice. Bond to be filed for the ful filling of this contract. Upon failure to file bond within twenty days, negotiations to be opened with other parties. (Art. 7.) Payments to be made within sixty days after sale in manner provided. (Art. 8.) Register of Delawares to be made. Those desiring to become citizens to appear before court and give proof of having adopted a civilized life and of supporting their families for five years. They shall receive a patent in fee simple for land and proportion of sale under provisions of this treaty, and shall cease to be members of tribe or share in property or annuities. Minor children of those becoming citizens may at maturity elect between citizenship and returning to tribe. Any one failing to be admitted as a citizen shall not be compelled to remove, but his rights and those of his family shall be protected by proper guardianship. (Art. 9.) Tribal funds not to pay private and individual debts. No trader to be licensed without consent of chiefs. Salary of chiefs $400 per annum. (Art. 10.) Delawares acknowledge their dependence on the United States, which agrees to pro tect, preserve, and defend them in all their just rights. Any lands not sold as herein provided may be appraised in separate tracts and sold for not less than $'2.50 per acre and for as much more as they will bring. Money to be applied as herein provided. (Art. 1'2.) Railroads to have right of way through the Delaware Reservation in the Indian country 200 feet wide, and to use gravel and other materials, except timber, for construction. Compensation for damages to be made under such regulations as prescribed by Secretary of Interior. (Art. 13.) Agreement of article 6, treaty of 1860, not having been complied with, $30,000 to be credited to Delawares in the pur chase of their new home in the Indian Territory. This to be received as full settle ment of all claims for depredations, and twenty-three sections on their new reserva tion for the twenty-three sections given to the half-breed Kaw Indians. Secretary of the Interior to make examination concerning the stock stolen from the Delawares -and when the value shall be ascertained, same to be reported to Congress with a recommendation for an appropriation to pay it. Money to be paid to owners of said stock. (Art. 14.) Delawares not required to remove until they shall have selected and received title to lands in new home. (Art. 15.) Proclaimed August 10, 1866. 1 United States Statutes at Large, Vol, XIV, p. 793. INDIAN TERRITORY OS AGE AGENCY. 323 SYNOPSIS OF TREATY WITH THE CADDO INDIANS. Treaty with the Caddoes, made at the agency house, Louisiana, July 1, 1835. Indians cedo to the United States their land between the Red and Saline Rivers in 4he State of Louisiana. (Art. 1.) Indians to remove at their own expense out of the boundary of the United States, iind never return, and settle themselves as a community or people within the same. (Art. 2.) The sum of $80,000 payment; $30,000 in goods and horses and money, and $10,000 annually for five years. (Art. 3.) Caddoes to appoint an agent or attorney to receive the money. (Art. 4.) Treaty binding when ratified. (Art. 5.) * Proclaimed February 2, 1836. Supplementary articles made at agency house, July 1, 1835. Grants of 4 leagues of land by Indians in 1801 to Francois Grappe and his heirs within the ceded territory to be properly confirmed. (Art. 1.) One section to be re served forever to Larkiu Edwards and his heirs, an old interpreter, within ceded ter ritory. (Art. 2.) Treaty binding when ratified. (Art. 3.) 2 For treaty of May 15, 1846, with Caddo and other tribes, see Kiowa and Comanche treaty same date Indian Territory. For treaty with Wichita and other tribes, August 24, 1835, see Kiowa and Coinan- che treaty same date Indian Territory. Unratified agreement of October 19, 1872. 3 The Wichitas and other affiliated bands, having for a long time resided within the limits of the tract known as the ''leased district " in the Indian Territory, without any defined reservation set apart for their occupancy, and having also a claim, good or bad, to a large tract of country, an agreement was made by the Commissioner of Indian Affairs with a duly authorized delegation of said Indians, by which the follow ing-described tract of land is set apart for them, viz : Commencing at a point in the middle of the main channel of the Washita River, where the ninety-eighth meridian of west longitude crosses the same ; thence up the middle of the mair> channel of said river to the line of 98 40' west longitude ; thence on said line of 98 40' due north to the middle of the main channel of the main Cana dian River ; thence down the middle of said main Canadian River to where it crosses the ninety-eighth meridian ; thence due south to the place of beginning. In consideration for said tract of land the Indians cede and relinquish to the United States all their right, title, interest, or claim of any nature whatsoever, to any lands in Texas, Louisiana, the Indian Territory, or elsewhere within the limits of the United States. OSAGE AGENCY. [Post-office address: Pawhuska, Ind. T.] OSAGE RESERVATION. How establislied. By article 16, treaty with Cherokees, July 19, 1866 j order of Secretary of the Interior, March 27, 1871 ; 4 *act of Congress, June 5, 1872. (See deed dated June 14, 1883, from Cherokees, Vol. VI, Indian Deeds, p. 482.) 1 United States Statutes at Large, Vol. VII, p. 470. 2 Ibid., p. 472. 3 Report of Commissioner of Indian Affairs, 1872, p. 101. 4 For account of the difficulties raising from these acts and orders, see Indian Commissioner's Report, 1872, pp. 40 and 245. 324 INDIAN EDUCATION AND CIVILIZATION. Area and survey. Contains 1,470,059 acres, of which 314,038 are re ported as tillable. 1 Surveyed. Acres cultivated. Nine thousand nine hundred and fort^ acres re ported cultivated iu 1886. 2 Tribes and population. The tribes living here are the Great and Little Osage, 1,927, and Qnapaw. Total population, 2,107. 3 Location. The reservation is situated south of and adjoining the State of Kansas; bounded on the east by the ninety-sixth principal meridian, and on the west and south by the Arkansas River. The laud is hilly, almost mouutaiuous in places, with numerous croppings of stone,, with an occasional fertile valley along the streams. Good timber is found in limited quantities near the larger streams, and quite an amount of scrub oak on the hills. 4 Government rations. Fifty per cent, of these Indians subsisted by Government rations, as reported in 1886. 5 Mills and Indian employes. Mill established. Indian employe's re* ported. Indian police. Police force established. Indian court of offences. Not reported. School population, attendance, and support: School population as estimated in 1886 269 Boarding-school accommodation 1T5 Average attendance 13$ Cost to Govern ment* $15,033.14 Session (months) 9 Missionary work. Missionary work in charge of the Methodist Epis copal Church. SYNOPSIS OF OSAGE TREATIES. Treaty ivith the Osage Indians, made at Fort Clark, on the Missouri, November 10, 1808. Fort on Missouri River to be established (Art. 1), and a store to bo kept. (Art. 2.) Blacksmith, mill, implements, and block house to be furnished. (Art. 3.) Property stolen by Osages previous to acquisition of Louisiana to be paid for by the United States. (Art 4 ) Merchandise and money paid to the amount of $2,700. (Art. 5..) Indians cede territory lying east of line from the Fort Clark to the Arkansas, and down the same to the Mississippi. Also 2 leagues to embrace Fort Clark. (Art. 6.) Boundary line to be run at the expense of the United States. (Art. 7.) Right to live and hunt on land west of ceded laud granted. (Art. 8.) Offenders to be punished by law. Chiefs to assist in recovering stolen property. Indemnification upon proof for property stolen from Indians by citizens. (Art. 9.) United States to receive Osages under its protection. (Art. 10.) Any person hunting on their grounds to be surren dered to United States and dealt with according to law. (Art. 11.) Osage not to supply Indians with arms who are at war with tho United States. (Art. 12.) Treaty binding when ratified. (Art. 13.) Chiefs of the Osages of the Arkansas River assent to the above treaty, August 31, 1809. Proclaimed April 28, 1810. 7 ' 1 Report of Indian Commissioner, 1886, p. 383. 2 Ibid., p. 428. 3 Ibid., p. 398. 4 Ibid. t 1882, p. 72. 5 Ibid., 1886, p. 416. Ibid., p. xcii. 7 United States Stat utes at Large, Vol. VII, p. 107. INDIAN TERRITORY OSAGE AGENCY. 325 Treaty ivith the Osage Indians, made at Portage des Sioux, September 12, 1815. See United States Statutes at Large, Vol. VII, p. 133. A similar treaty to the Sioux treaty, July 19, 1815 Dakota Territory. Treaty with the Osage Indians, made at St. Louis, September 25, 1818. Tracts ceded on the Arkansas and Verdigris Rivers. (Art. 1.) In compensation United States to pay for depredations committed by Osages since 1814. (Art. 2.) Treaty binding when ratified. (Art. 3.) 1 Proclaimed January 7, 1819. Treaty with the Osage Indians, made at the United States factory, Missouri, August 31, 1822. In consideration of $3,329.40 worth of merchandise the United States released from keeping a store at Fort Clark. 2 Proclaimed February 13, 1823. Treaty with the Osage Indians, made at St. Louis, June 2, 1825. Indians cede all land in Missouri and Arkansas and west and north of the Red River and south of the Kansas and east of a line drawn from the sources of tho Kansas to the Rock Saline. (Art. 1.) Reserve a tract 25 miles west of State of Mis souri. (Art. 2.) Seven thousand dollars for twenty years in money, merchandise, or stock. (Art. 3.) Stock and farming implements and houses for chiefs, also farmer and blacksmith, to be famished. (Art. 4.) Tracts granted to half-breed. (Art. 5.) Also fifty-four sections to belaid off and sold by President for education fund. (Art. 6. ) United States released from garrison at Fort Clark, keeping blacksmith, and delivery of merchandise in consideration of payment of debts of Osages, amounting to $4,105.80. (Art. 7 ) The sum of $1,000, claim of Dela wares against Osages, to be paid. (Art. 8.) Also depredation of claims of citizens, not to exceed $5,000. (Art. 9.) Missionary establishments on the Grand River and on the Marais des Cygnes to be disposed of for the benefit of said missions, and to establish them. (Art. 10.) Free navigation granted to Osages on all water-courses on ceded land. (Art. 11.) Eight thousand eight hundred dollars in merchandise hereby delivered. (Art. 12.) Traders' debts amounting to $1,500 paid. (Art. 13.) Treaty binding when ratified. (Art. 14. ) 3 Proclaimed December 30, 1835. Treaty with the Osage Indians, at Council Grove, August 10, 1825. Roadway between Missouri and New Mexico granted through Osage territory. Treaty same as that with Kansas Indians. 4 Proclaimed May 3, 1826. For treaty of August 24, 1835, with Osage, Kiowa, Comanche, and other tribes, sea Kiowa and Comanche treaty, same date Indian Territory. Treaty with the Osage Indians, made at Fort Gibson, Ind. T., January 11, 1839. Indians cede all interest in any reservation heretofore claimed within the limits of any other tribe, and also all interest under preceding treaties, excepting that relating to their education fund (article 6, treaty of 1825), and agree to remove from the lands of other tribes and to remain within their own boundaries. (Art. 1.) United States to pay annuity of $20,000 for twenty years; to furnish two blacksmiths and two assistants with tools and material, a saw and ejrist mill and miller and assistant 1 United States Statutes at Large, Vol. VII, p. 183. 2 Ibid., p. 222. *Ibid., p. 240. < Ibid., p. 268 ; also page 238 of this work. 326 INDIAN EDUCATION AND CIVILIZATION. for fifteen years; to provide a certain amount of stock, houses, and wagons for cer tain chiefs, and pay all claims against Osages not exceeding 30,000; to purchase reservation provided for individuals provided in article 5, treaty of June 2, 1825, at $2 per acre, except tracts purchased in fourth article, Cherokee treaty, Deceruher 21V 1835; also to reimburse $3,000 deducted from their annuity for stolen property, which they have since returned ; to reimburse $3,000 to Cleimont's band, withheld from them by the agent of the Government. (Art. 2.) Treaty binding when ratified. (Art. 3.) 1 Proclaimed March 2, 1839. Treaty with the Osage Indians, made at Campbell Trading Post, Kansas, September 29, 1865.. Indians cede to the United States a tract 50 by 30 miles. Western boundary not to extend beyond where the Verdigris River crosses the Kansas State line. The sum of $300,000, to be placed at 5 per cent, interest, to be expended seini-annually for the henefit of the tribe as Secretary may direct ; ceded land to bo sold an herein pre scribed ; proceeds, after deducting expenses of survey and sale and the $300,000 to be placed in Treasury to the credit of the ''civilization fund," to be used under the direction of the Secretary of the Interior for the education and civilization of Indian tribes residing within the United States. (Art. 2. ) Further cession of tract 20 miles wide on the north side of their reservation, extending its entire length. Proceeds of ceded land, after deducting expenses, to be funded at 5 per cent, and interest expended for benefit of tribe. Twenty-five per cent, of net proceeds of sales until percentage amounts to $80,000, to be placed to credit of Old Sage school fund. (Art. 2.) Grant of one section of land and privilege of purchase of two other sections accorded to Roman Catholic mission. (Art. 3.) Provision for citizens or Indians having pre empted on ceded or sold lands to purchase the same. (Art. 9.) Payment of debt* not exceeding $5,000 provided for. (Art. 5.) Provision for land for certain chief. (Art. 6.) Five hundred dollars salary for chiefs. (Art. 7.) Section of land set apart for school upon diminished reservation while used for school. (Art. 8.) Pur chase of land by Darius Rogers permitted. (Arc. 9.) Dependence upon the United States acknowledged. (Art. 10.) Roads and highways on same terms as through lands of citizens. Railroads to make compensation. (Art. 11 ) Indians to removt* on reservation within six months. (Art. 12.) United States to advance money for expenses of survey and sale; money to be returned from sale. (Art. 13.) Certain half-breeds to receive patents to tracts occupied by them on lands sold. (Art. 14.) Osage may unite with other Indians in the Indian Territory. (Art. 15.) If Osages remove to Indian Territory, diminished reservation shall be disposed of in manner relating to trust lauds, and 50 per cent, used to purchase suitable home in Indian country. (Art. 16.) Treaty binding when ratified. (Art. 17.) 2 Proclaimed January 21, 1867. An act, July 15, 1870, malting an appropriation for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1871, and for other purposes. Whenever the Osages shall agree thereto it shall be the duty of the President to remove said Indians from Kansas to lands to be provided for them in the Indian Ter ritory in compact form in quantity 160 acres for each member of the tribe, to be pur chased from the proceeds of the sales of their lands in Kansas, the price not to ex ceed that paid by United States for same. Fifty thousand dollars appropriated to remove them and subsist them for one year, to be reimbursed from the proceeds of the sales. Lands to be sold as herein provided, and interest of money expended by the President for the benefit of the tribe. (Sec. 12.) Twenty thousand dollars to 1 United States Statutes at Large, Vol. VII, p. 576. 2 Ibid., Vol. XIV, p. 687. INDIAN TERRITORY OS AGE AGENCY. 327 compensate for that portion of the stock not furni8lied as required by article 2, treaty of January 11, 1^39. Ten thousand dollars as compensation for rnnuiug the mill only live years instead of fifteen. Said sums to be expended for the erection of agency buildings, warehouse, shops, school-house, and mill in the Indian Territory. (Sec. 13. V By the act of July 15, 1870, provision was made for sale of all the lands belongingto the Osages within the limits of Kansas and for their removal across the line into the Indian Territory. In accordance with the terms of this act a reservation was selected by them, which was supposed to be immediately west of the ninety-sixth degree of west longitude, but a large portion of it, containing in fact all the improvements made and all the really available land in the body, was found upon a subsequent survey to be east of it ; that is, within the Cherokee country. To remedy this difficulty Congress,, by act of June 5, 1872, set apart their present reservation. 3 Act of Congress entitled "An act to confirm to the Osages a reservation in the Indian Territory," June 5, 1872. 3 United States having purchased from the Cherokees their lands lying west oF the ninety-sixth meridian, and the Osages being removed to that land, upon survey it was found that improvements made by the Osages were east of the ninety-sixth meridian, and the Cherokees consenting to the establishment of the Osages west of that line, the following tract was set apart and confirmed as their reservations Bounded east by the ninety-sixth meridian, south by the Creek country, west by the Arkansas, and north by the State of Kansas : Provided, The selection shall be made under the provisions of article 16 of the treaty of 1866, so far as applicable, and that the Kansas tribe be permitted to occupy land not exceeding 160 acres to each mem ber, to be paid for by said Kansas tribe from the proceeds of their land in Kansas, the price not to exceed the amount paid by the Osages to Cherokee Nation. KANSAS RESERVATION. How established. By act of Congress, June 5, 1872. Area and survey. Contains 100,137 acres ; 4 20,000 tillable acres re ported in 1886. Surveyed. 5 Acres cultivated. One thousand eight hundred and ninety-five acres- reported cultivated in 1886. 6 Tribes and population. The tribes living here are the Kansas or Kawv Population, 254. 7 Location. The reservation is bounded on the north by Kansas, east and south by the Osage Eeservation, and west by the Arkansas Kiver- The soil is similar to that of the Osage Eeservation. Government rations. The per cent, of these Indians subsisted by- Government rations is reported in 1886 with the Osage. 8 Mills and Indian employes. Beported with Osage. Indian police. Reported with Osage. Indian court of offences. None reported. 1 United States Statutes at Large, Vol. XVI, p. 362. 2 Report of Indian Commis sioner, 1872, p. 40. 3 United States Statutes at Large, Vol. XVII, p. 228. 4 Report of Indian Commissioner, 1884, p. 258. 5 Ibid., p. 259. * Ibid., 1*86, p. 428, 7 Ibid., p. 3^8. /6td., 1886, p. 416. 328 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support: 1 School population as estimated in 1886 75 Boarding and day school accommodations 80 Average attendance 54 Boarding and day, cost to Government $6,803. 11 Session ( months) 10 Missionary work. None reported. SYNOPSIS OF KANSAS TREATIES. Treaty icith the Kansas Indians, made at St. Louis October 28, 1815. (See United States Statutes at Large, Vol. VII, p. 137.) (See similar Sioux treaty of July 19, 1815, Dakota Territory. ) Treaty icith tlie Kansas Indians, made at St. Louis, J.une 3, 1825. Kansas Indians cede to United States all their lands within State of Missouri and the lands west of it within the following boundaries : Beginning at the mouth of Kansas River, thence north to the northwest corner of the State of Missouri, thence west to the Nodewa, 30 miles from its mouth ; thence to the mouth of the big Nemaha River, up the same to its source ; thence to the source of the Kansas, leaving Pawnee Republic Village to the west ; thence along the ridge between the Kansas and Arkansas to the Missouri line, and with that line 30 miles to the place of begin ning. (Art. 1.) Reservation within ceded territory set apart, 20 leagues up the Kansas, including their village, extending west 30 miles in width. (Art. 2.) Three thousand five hundred dollars per annum for twenty years in money, merchandise, provisions, or stock, at option of nation. (Art. 3.) Stock, agricultural implements, farmer, and blacksmith to be furnished. (Art. 4.) Thirty-six sections of good land on the Big Blue to be laid out under direction of President and sold for the purpose of raising an educational fund. (Art. 5.) Twenty-three sections set apart for half- breeds north of Kansas River. (Art. 6.) Claims not exceeding $3,COO paid to citizens for depredations by Kansas Indians. (Art. 7.) Five hundred dollars paid for debt to traders. (Art. 8.) The sum of $4,000 in merchandise and horses to be paid. (Art. 9.) Offend ers to be punished according to law. Chiefs to assist in restoring stolen property from citizens. United States to indemnify Indians on proof of property stolen. (Art. 10.) United States to have right of navigating water courses. No land to be dis posed of except to United States. (Art. 11.) Treaty binding when ratified. (Art. 12.) 2 Proclaimed December 30, 1825. Treaty with the Kansas Indians, made on the Sora Kansas Creel:, August 16, 1825. Whereas Congress on March 3, 1825, authorized the President to cause a road to be marked out from the western frontier of the Missouri to the confines of New Mex ico, therefore the Kansas tribe consents to the road through its territory. (Art. 1.) Travel to be free and unmolested. (Art. 2.) Indians to render assistance to citizen s of the United States or Mexico. (Art. 3.) Territory granted on either side of road to admit of camping. (Art. 4.) The sum of $500 to be paid for privilege. (Art. 5.) Gift of merchandise to value of $300 acknowledged. (Art. 6. ) 3 Proclaimed May 3, 1826. 1 Report of the Indian Commissioner, 1886, p. xcii. 2 United States Statutes at Large, Vol. VII, p. 244. 3 Hid., p. 270. INDIAN TERRITORY OSAGE AGENCY. 329 Treaty with the Kansas Indians, made at the Methodist Mission, Kansas country, January 14, 1846. Two million acres of land ceded on the east part of their country, embracing the width of 30 miles and running west for quantity. (Art. 1.) West line of cessions to be surveyed. (Art. 3.) Indians to remove within sixteen months. (Art. 4.) The sum of $202,000 paid, $200,000 to be funded at 5 per cent, and interest paid annually for thirty years, and if at the end of that time the tribe be less than at first payment the payment to beprorata according to the number of tribe when first annuity payment was made. One thousand dollars of interest to be applied for education and $1,000 for agricultural improvements. Out of the $2,000 not funded shall be paid, first, the expenses of this treaty ; second, $400 to the mission of the Methodist Episcopal Church for improvements on ceded lands ; third, $600 to replace mill on ceded land, and the remainder to be expended for provisions for the present year. (Art. 2.) In case of insufficient timber on the land remaining to the Indians the President shall select a suitable country near the western boundary of land ceded to remain for their use for ever ; in consideration of which the.Kansas Indians cede the balance of land reserved in 1825 not covered in article 1. (Art. 5.) Subagent to reside among them. (Art. 6.) Blacksmith provided for. (Art. 7. ) l Proclaimed April 15, 1846. Treaty with the Kansas Indians, made at the Kansas Agency, October 5, 1859. A tract 14 miles east and west, 9 miles north and south, situated in the southwestern part of the reservation, to be assigned in individual tracts of 40 acres to each member of tribe; 160 acres set apart for the agency and 160 for school. (Art. 1.) The land so assigned, including that for agency and school, to be in a compact form, so as to present a well-defined territory. Any intermediate portions of land or water to be owned in common in case of increase. Tract to be now known as " Kansas Reserva tion" and no white person allowed thereon. (Art. 2.) Certificates of allotment to be issued. (Art. 3.) All lands not embraced in portion to be retained to be sold. That portion lying between the boundary of assignments and the tract set apart to be subject to sale. Persons having made bona fide improvements on the land hereby reserved to be paid for their improvements out of proceeds of sale of land. Proceeds to be expended for benefit of Indians by Secretary of the Interior. (Art. 4.) Debts to be paid out of proceeds. (Art. 5.) If amount proves insufficient moneys due from former treaties available. (Art. 6.) President, with the assent of Congress, may modify treaties. (Art. 7.) Expense of treaty to be paid by Kansas Indians. (Art. 8. ) Land assigned to certain half-breeds. (Art. 9.) Right to roads same as through lands of citizens. Railroads to compensate in money. (Art. 10.) Treaty binding when ratified. (Art. 11.) Amended June 27, 1860. Assented to October 4, 1860; proclaimed November 17, I860. 2 Treaty with the Kansas Indians, made at the Kansas Agency, March 13, 1862. Claims for improvements by settlers to be ascertained by Secretary of the Interior, and certificates for the same issued in the manner set forth, the amount to be paid not to exceed $65,815.47. Payment out of proceeds of sale. (Art. L; Private sale of half section of land granted. (Art. 2.) Amended February 6, 1863; assented to February 26, 1863: proclaimed February 6, 1863. 3 1 United States Statutes at Large, Vol. IX, p. 842. 2 Ibid., Vol. XII, p. 1111. *IUd., p. 1221. 330 INDIAN EDUCATION AND CIVILIZATION. An act of Congress entitled "An act to confirm to the Great and Little Osage Indians a reservation in Indian Territory," June 5, 1872. : The Great and Little Osage tribe to permit the settlement within the limits of their tract of land of the Kansas tribe ; the land so occupied not to exceed 160 acres to each member of said tribe ; said land to be paid for by Kansas Indians out of the sales of their lands in Kansas; the price not to exceed that paid by Great and Little Osages to the Cherokee Nation. PONCA, PAWNEE, AND OTOE AGENCY. [Post-office address: Ponca Agency, Ind. TV] PONCA RESERVATION. How established. By acts of Congress, August 15, 1876; March 3, 1877; May 27, 1878; and March 3, 1881. (See deed, dated June 14, 1883, from Cherokees, Vol. VI, Indian Deeds, p, 473.) Area and survey. Contains 101,894 acres. 2 Tillable acres, 90,000. Surveyed. 3 Acres cultivated. There were 974 acres reported under cultivation in 1886. 4 Tribes and population. The tribe living here is the Ponca. Popu lation, 619. 5 Location. The reservation is situated west of the Arkansas Eiver and between it and the Chikaskia. Besides these two rivers, the reserve is well watered by a confluent of the Arkansas called the Salt Fork, and numerous smaller streams, all serving to irrigate the country in an ad mirable manner, the bottom lauds forming a rich agricultural country and the benches excellent grazing laud. 6 Government rations. None issued. Mills and Indian employes. A mill; no. Indian employes reported. Indian police. Established. Indian court of offences. Indians refuse to serve without compensa tion. School population, attendance, and support : School population, as estimated in 1886 100 Boarding-school accommodation 85 Average attendance 73 Boarding school, cost to the Government 7 $7,236.66 Session (months) 10 Missionary work. Methodist Episcopal Church in charge of mission ary work. SYNOPSIS OF TREATIES WITH THE PONCA INDIANS. Treaty made June 25, 1817. Peace and friendship re-established as before the war of 1812. (Art. 2.) Injuries forgiven. (Art. 1.) Protection of United States acknowledged. (Art. 3.) 8 Proclaimed December 26, 1817. 1 United States Statutes at Large, Vol. XVII, p. 228. 2 Keport of Indian Commis sioner, 1884, p. 308. 3/&i8. Pro claimed May 26, 1858. Act of Congress, June 10, 1872, authorizes that with the consent and concurrence of the Pawnee tribe of Indians, expressed in open council, the Secretary of the In terior to cause to be surveyed a portion of their reservation in the State of Nebraska not exceeding 50,000 acres, to be taken from that part of said reservation lying south of Loup Fork. The said lands so surveyed to be appraised by three competent com missioners, one to be selected by the Pawnees and the other two to be appointed by the Secretary of the Interior. After survey and appraisement said lands to be of fered for sale for cash in hand, proceeds to be placed at interest at 5 per cent., pay able semi-annually, except such portion as Secretary of the Interior, with the ap proval of the President of the United States, may deem necessary to expend for their immediate use. 2 For act of Congress of June 10, 1872, see Otoe treaties Indian Territory. Act of Congress, April 10, 1876. With the consent of the Pawnee tribe their reservation in Nebraska to be appraised and sold in manner prescribed. (Sec. 1.) Three hundred thousand dollars appropri ated to be reimbursed from sales ; $150,000 to be expended for defraying expenses of removal to Indian Territory and settlement therein ; $150,000 appropriated and made immediately available for expenses of appraisement, subsistence of Indians, pur chase of implements and stock, and establishment and support of schools. (Sec. 2.) Any surplus from proceeds of sales, after reimbursement and purchase of a reserva tion in the Indian Territory, to bear interest at 5 per cent., payable semi-annually, except such portion as the Secretary may deem necessary for subsistence or other beneficial objects. (Sec. 3.) Following tract in the Indian Territory set apart as a reservation : All that tract of country between the Cimarron and Arkansas Eivers embraced within the limits of townsKips 21, 22, 23, and 24 north, of range 4 east, townships 18, 19, "20, 21, 22, 23, and 24 north, of range 5 east, townships 18, 19, 20,21,22, and 23 north, of range 6 east of the Indian meridian : "Provided, That the terms of the sixteenth article of the Chero- J United States Statutes at Large, Vol. XI, p. 729. 2 Ibid., 'Vol. XVII, p. 391, INDIAN TER. PONCA, PAWNEE, AND OTOE AGENCY. 339 keo treaty of July 19, 1866, shall be complied with so far. as the same may be applicable thereto." Price to be paid by Pawnees not to exceed 70 cents per acre, and that portion of reservation ceded to the United States by the Creek at 30 cents per acre. (Sec. 4.) Each head of a family or single person over twenty-one who shall so locate, shall have an allotment of 160 acres and receive certificate from Commissioner of Indian Affairs : Provided, That whenever the allottee shall have occupied the allotment for twelve years, and shall have 25 acres fenced and in crops he shall be entitled to a patent inalienable for fifteen years, and then only with consent of Secretary of the Interior under such rules and regulations as he may prescribe. (Sec. 5. } l OAKLAND RESERVATION. How established. By act of Congress, May 27, 1878. (See deed dated June 14, 1883, from Cherokees, Vol. VI, Indian Deeds, p. 476; also deed from Nez Perces, May 22, 1885, Vol. VI, Indian Deeds, p. 504.) Area and survey. Contains 90,711 acres. 2 Tillable acres, 75,000; sur veyed. 3 Acres 'cultivated. The Indians have under cultivation 68 acres. 4 Tripes and population. The tribes living here are the Tonkawas. 5 Population, 91. G Location. The reservation is situated 15 miles in a northwesterly direction from the Ponca Agency. 7 Government rations. Fifty-five per cent, of these Indians subsisted by Government rations,' as reported in 1886. 8 Mills and Indian employes. Mill erected in 1882. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support. School population, as es timated in 1886, 12 ; 9 5 at Chilocco school ; 6 at Ponca school. Missionary work* No missionary work. Act of Congress, May 27, 1878. Twenty thousand dollars appropriated "or so much thereof as may be necessary to be expended, under the direction of the Secretary of the Interior, in the removal of the Nez Perc6 Indians of Joseph's band, mw held as prisoners of war at Fort Leaven- worth, Kans., to such suitable location in the Indian Territory as the United States has a right to use for such purpose, consistent with existing trea'ies or arrangements with tribes occupying Indian Territory, and for their settlement thereon." (United States Statutes, Vol. XX, p. 74.) 1 United States Statutes at Large, Vol. XIX, p. 28. 2 Eeport of Indian Com missioner, 1884, p. 308. 3 Ibid. , p. 259. 4 Ibid. , 1886, p. 428. 5 The Tonkawas, formerly of Fort Griffin, Tex. (Report of Indian Commissioner, 1885, p. 98), were brought to this reservation on June 29, 1885, Joseph's band of the Nez Perees having left for their old home in Idaho and Washington Territory in May, 1885 (Report of Indian Commissioner, 1885, p. 96). Q 1W, p. 398, 7/&M?.,X882 ? p,76. sj&R, 1886, p, 4l6 f 9 7&M.,p,139, 340 INDIAN EDUCATION AND CIVILIZATION. QUAPAW AGENCY. [Post-office address: Seneca, Newton County, Mo.J QUAPAW RESERVATION. Row established. By treaties of May 13, 1833, and of February 23, 1867. Area and survey. Contains 56,685 acres, of which 42,000 are classed as tillable. 1 Surveyed. 2 Acres cultivated. The Indians have under cultivation 520 acres. 3 Tribes and population. The tribe living here is the Quapaw. Popu lation, 64. 4 Location. This reservation is u situated in the north-east corner of the Indian Territory, adjoining the State of Missouri on the east and Kan sas on the north, with the Neosho and Grand Elvers on the west, which separate this agency from the Cherokee country, and a geographical line extended from the south boundary of Newton County, Mo., west to Grand Eiver forms our southern boundary. Like the State of Kansas, our average elevation above tidal wave is about 2,375 feet. In the main the laud is gently rolling, but broken here and there (more especi ally in the eastern and south-eastern part) by high, stony ridges and bluffs the foot-hills of the Ozark range of mountains of Missouri. A skirting of timber is found along all the rivers and numerous creeks, which flow mainly in a southerly direction, The Neosho, Spring, arid Cowskin Eivers are the principal water-courses, all of which drain wide valleys by many small tributaries. The surface soil is very rich and fertile. * * * One-half of this large area is agricultural, while it is all fine grazing land. Probably one-half is covered with timber, principally oak on the uplands, while the bottoms abound in walnut, hickory, pecan, etc." 5 Government rations. None issued. Mills and Indian employes. A mill $ no Indian employes reported. Indian police. Established. Indian court of offences. Established. School population, attendance, and support. School population as estimated in 1884 18 Boarding-school accommodations.., 50 Average attendance 6 50 Boarding-school cost to Government 7 $5,082.27 Session (months) 10 Report of Indian Commissioner, 1834, p. 308. 2 Ibid., p. 259. 3 Ibid., 1886, p. 430. *llid., p. 398. B J6Z.,188*2, p. 81. 6 The children of other tribes belong ing to the agency attend this school. 7 Report of Indian Commissioner, 1886, p, xcii. INDIAN TERRITORY QUAPAW AGENCY. 341 SYNOPSIS OV TKKATIES. Treaty with the Quapaws, made at St. Louis, August 24, 1818. Indians acknowledge the protection of the United States. (Art. 1.) Cede to the United States the land lying between the Arkansas, Canadian, and Red Rivers. Re serve land south of the Arkansas from Arkansas Post to the Wachita, thence up to the Saline Fork, thence due north to Little Rock, thence down the Arkansas to the place of beginning ; reservation to be surveyed. (Art. 2.) Quapaws to hunt in ceded territory. (Art. 3.) No person to settle upon reserve land. Right of roads and free passage established. (Art. 4.) Present of $4,000 in goods and $1,000 in merchandise ; perpetual annuity. (Art. 5.) Offenders to be delivered up to punishment and stolen property recovered or deducted from annuity. United States guaranty indemnity for property stolen by citizens upon sufficient proof. (Art. 6.) Treaty binding when ratified. (Art. 7.) Proclaimed January 5, 1819. (United States Statutes at Large, Vol. VII, p. 176.) Treaty ivith the Quapaw Indians, made at Harrington's, in Territory of Arkansas, November 15, 1824. Indians cede laud reserved in preceding treaty. (Art. 1.) Five hundred dollars paid to four chiefs for losses sustained by removing, and gifts of $4,000 to tribe, and $1,000 in cash for eleven years. (Art. 2.) Right to hunt on ceded territory. (Art. 3.) Quapaws to be concentrated with Caddoes and removed within a year. (Art. 4. ) Sus tenance for six months, and $1,000 to assist in removal. (Art. 5.) Certain debt paid. (Art. 6.) Grants to individuals. (Art. 7.) Treaty binding when ratified. (Art. 8.) Proclaimed February 19, 1825. (United States Statutes at Large, Vol. VII, p. 232.) Treaty with the Quapaws, made May 13, 1833. Whereas the Quapaws removed to the territory of the Caddoes and settled on the Bayou Treache, south of the Red River, where the land was subject to frequent in undations, thereby destroying their crops year after year, and one-fourth of their people died by sickness, the tribe returned to their old home on the Arkansas, where they suffer from settlers taking from them their improvements. Therefore they cede to the United States all their right to the lands given them by the Caddoes. (Art. 1.) The United States in lieu thereof conveys to the Qnapaws one hundred and fifty sec tions of land west of the Missouri State line, between the Senecas and Shawnees, to be patented so long as they exist as a nation or reside thereon. Congress to protect them in their new residence. (Art. 2.) In consideration of their wretched condition, removal shall be at the expense of the United States. Cattle, farming implements, and other articles to be provided. (Art. 3.) Stock to be under the care of agent and farmer. (Art. 5.) Farmer and blacksmith to reside with them, and $1,000 paid annu ally for education so long as President deems necessary. (Art. 3.) In lieu of perpetual and limited annuities, United States to pay schedule of debts to amount of $4,180. Government to expend $1,000 in building houses, pay Indians $2,000 annually for twenty years out of this annuity, four chiefs or their successors to be paid each $50 per year. (Art. 4.) Interpreter to remain with the Indians. (Art. 6.) Proclaimed April 12, 1834. (United States Statutes at Large, Vol. VII, p. 424.) For treaty of August 24, 1835, with Quapaw, Kiowa, Ciinanche, and other tribes,' see Kiowa and Comanche treaty of same date Indian Territory. Treaty with the Quapaws and other tribes made at Washington, February 23, 186? See Kaskaskia treaty, same date Indian Territory. (United States Statutes at Large, Vol. XV, p. 513.) 342 INDIAN EDUCATION AND CIVILIZATION. An act to carry into effect the fourth article of the treaty of February 23, 1867. Article 4, as amended in treaty of February 23, 1867, shall be construed to authorize the disposal of the land belonging to the Quapaws within the State of Kansas, which was sold to the United States for $1.25 per acre. (Sec. 1.) Said land declared open to entry and pre-emption with such exceptions as provided. (Sec. 2.) Approved June 5, 1872. (United States Statutes at Large, Vol. XVII, p. 228.) MODOC RESERVATION. How established. By agreement with Eastern Shawnees, June 23, 1874 (see Annual Report, 1882, p. 271) 5 act of Congress March 3, 1875. Area and survey. Contains 4,040 acres, of which 1.000 are classed as tillable. 1 Surveyed. 2 Acres cultivated. The Indians have under cultivation 441 acres. 3 Tribes and population. The tribe living here is the Modoc. Popu lation, 95. 4 Location. About one-fourth of this reservation is arable land with soil of a fair quality, but ill-watered and unproductive in any but favor able seasons. 5 Government rations. -Twenty-five per cent, of these Indians subsisted by Government rations as reported in 1886. 6 Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. School population, as es timated in 1886,20. No schools separate from the agency. Missionary work. One church building reported in 1886. Articles of agreement made and concluded at Quapaw Agency, Ind. T., June 23, 1874, between the United States, &/ H. W. Jones, United /States Indian agent, and the Eastern Shawnee Indians. Whereas it is desirable that the Modoc Indians (now temporarily located on the Eastern Shawnee Reservation) should have a permanent home, in order that they may be enabled to settle down and become self-supporting; therefore it is agreed 1st. The Eastern Shawnees cede to the United States a tract of land situated in the north-east corner of their present reservation in the Indian country. The land so ceded to be bounded as follows, to wit : Beginniug at the north-east corner of their reservation, running south along the Missouri State line two and one-half miles ; thence west two and one-half miles; thence north to the north line of said reserve; thence east along said north line to the place of beginning, containing four thousand acres, more or less, for which the United States is to pay six thousand dollars, one- half upon the ratification of this agreement by the Secretary of the Interior, the bal ance in twelve months thereafter ; said installments to be paid to the Eastern Shaw nee Indians per capita, for the purpose of enabling them to enlarge their farms and otherwise improve their condition in civilization. 2d. The land proposed to be purchased in the first article of this agreement shall be set apart as a permanent home for the Modoc Indians. 1 Report of Indian Commissioner, 1884, p. 308. 2 IUd., p. 259. 3 Ibid., 1886, p. 428. 4 I&M.,p.398. 5 /&R,p.l40. *Ilid., p. 416. INDIAN TERRITORY QUAPAW AGENCY. 34o 3d. Aud it is farther agreed that iii case the United States fail to carry out the provisions of the agreement this contract shall be null and void. In testimony whereof we have hereunto set our hands and seals the day and year first above written. H. W. JONES, [SEAL.] United States Indian Agent. JAMES CHOCTAW (his -f- mark), JAMES CAPTAIN (his -f- mark), Chiefs. JOHN LOGAN (his + mark), JOHN WILLIAMS (his -f mark), Councillors. GOOD HUNT (his + mark), BILLY DICK (his + mark), JOHN MOHAWK (his -f mark), CORN STALK (his + mark), GEORGE BEAVER (his -f mark), SAMSON KYZER (his -{- mark), JOFN JACKSON (his -|- mark), Young Men. Attest : LAZARUS FLINT, Interpreter. ENDSLEY JONES. (Report of the Indian Commissioner, 1882, p. 271. Recorded in Records of Treaties, Vol. Ill, p. 19.) This agreement was confirmed in Indian appropriation act of March 3, 1875: For this amount, or so much thereof as may be necessary, to provide, under the direction of the Secretary of the Interior, settlements, clothing, food, agricultural im plements, and seeds for the Modoc Indians that have been removed to and are now re siding within the Indian Territory, ten thousand dollars : Provided, That three thousand dollars of the amount hereby appropriated may be used to pay the Eastern Shawuec Indians the balance due them for four thousand acres of land in the north-east corner of their reserve, ceded to the United States for the Modoc Indians, as per agreement made with said Shawnee Indians June twenty-third, eighteen hundred and seventy- four, which agreement is hereby confirmed. (United States Statutes at Large, Vol. XVIII, p. 447.) OTTAWA RESERVATION. How established. By treaty of February 23, 1867. Area and survey. Contains 14,860 acres, of which 10,860 are classed as tillable. 1 Outboundaries surveyed. 2 Acres cultivated. The Indians have under cultivation 1,287 acres. 3 Tribes and population. The tribes living here are the Ottawa of Blauchard's Fork and Eoche de Boeuf. Total population, 150. 4 Location. The reservation is of gently undulating prairie. 5 Government rations. I^one issued. Mills and Indian employes. JS~ot reported. Indian police. Not reported. 1 Report of Indian Commissioner, 1884, p. 308. 2 Ibid., p. 259. y ll>id., 1886, p. 428. 4 Ibid., p. 398. 5 Hid., 1882, p. 82. 344 INDIAN EDUCATION AND CIVILIZATION. Indian court of offences. Not reported. School population, attendance, and support. School population, as es timated in 1886, 30. No separate schools reported. Missionary work. Not reported. - - 1 ... SYNOPSIS OF TREATIES WITH OTTAWA INDIANS. For treaties with. Ottawa, Chippewa, and other tribes, of January 21, 1785 ; of Jan uary 9, 1789 ; of August 3, 1795 ; of July 4, 1805; of November 17, 1807; of Novem ber 25, 1808 ; of September 8, 1815 ; of August 24, 1816 ; of September 29, 1817 ; of September 17, 1818 ; of July 6, 1820 ; and of August 29, 1821, see Chippewa treaty , same date Michigan. For treaty of August 19, 1825, see Sioux treaty same date Dakota Territory. For treaties of August 25, 1828, and July 29, 1829, see Chippewa treaty same date Michigan. Treaty with Ottawa Indians, residing in Ohio, made at Miami Bay of Lake Erie, August 30, 1831. Blanc hard Fork band cede their reservation on the Great and Little Auglaize River, in all 21,768 acres. (Art. 1.) Roche de Boeuf band cede their reservation se cured by treaty of November 17, 1807, 28,157 acres. (Art. 2. ) Ottawas of Blanchard Fork to be removed west of Mississippi and have patented in fee simple 34,000 acres on Kansas River adjoining Shawnees. (Art. 3.) United States to defray expenses of removal. (Art. 4.) Ceded lands to be sold to highest bidder. (Art. 7.) The sum of $2,000 to be advanced to enable them to erect houses and open farms on new land. (Art. 5.) Stock and other property to be sold and proceeds paid to owners. (Art. 6.) Debts to be paid and proceeds of sale to be invested at 5 per cent, as annuity during pleasure of Congress. (Art. 7. ) Annuities by former treaties to be apportioned by Sec retary of War. (Art. 8.) Land granted to said band under this treaty United States guarantees shall never be within boundary of any State or Territory not subject to the laws thereof. Said band to be protected against depredations from any person what ever. (Art. 0.) Merchandise given at making of treaty. (Art. 10.) To Roche de Bojuf band 40, 000 acres in fee simple adjoining the Blanchard Fork band west of Mis sissippi. United States to remove Indians when ready, and when removed to receive their proportion of the annuity due from the United States by former treaties. (Ait 11.) Lands of this band to be sold at auction to the highest bidder. Survey and cost of sale to be deducted from proceeds. Debts of tribe to be paid. Any sur plus placed at 5 per cent, as annuity under same conditions as Blanchard Fork band. (Art. 12.) Temporary reservations established for three years only prior to removal, (Art. 13.) Grants of land secured to specific individuals. (Arts. 14 and 15.) Claims against the Ottawas recognized. (Arts. 16 and 19.) Privileges under former treaties to Ottawas within State of Ohio to cease forever. (Art. 17.) Said bands to have their just portion in annuities due for 1830 when paid. (Art. 18.) Allowance to chief agreed to. (Art. 20.) Proclaimed April 6, 1832. l Treaty with Ottawa land of Miami of the Lake, made atMaumee, Ohio, February 18, 1833. Indians cede their land on either side of Miami River and on Miami Bay. (Art. 1. ) Certain tract reserved to specified individuals. (Art. 2.) The sum of $29,440 used to extinguish debts. Indians to remove from all ceded lands. Claims recognized. Treaty binding when ratified. (Art. 3. ) Proclaimed March 22, 1833. 3 1 United States Statutes at Large, Vol. VII, p. 359. 2 Ibid., p. 420. INDIAN TERRITORY QUAPAW AGENCY. 345 For treaties of September 26, 1833; of September 27, 1833; of Marcli 28, 1836; of June 5 and 17, 1846; and of July 31, 1855, see Chippewa treaty same date Michigan. Treaty ivith the Blanchard Fork and Roche deBceuf bands of Ottaivas, made at Washington, June 24, 1862. Ottawas to become citizens in five years. Entitled to all rights, privileges, and immunities. (Art. 1.) Ottawa Reservation to be surveyed. (Art. 2.) Five sections of land to be divided among certain chiefs and head-men as compensation for services, and patents in fee-simple issued. Each head of family to receive 160 acres of land, including improvements. All other members to receive 80 acres. (Art. 3.) The sum of $18,000 to be paid out of their moneys to assist in preparation for citizenship, and all moneys in the hands of United States to be paid in four equal annual instalments. (Art. 4.) The sum of $15,000 for payment of debts approved by council, agent, and Secretary of the Interior. (Art. 5.) Twenty thousand acres to be set aside for school endowment, and one section of land in which said school shall be located, which sec tion to be made inalienable and not taxed. Seven trustees appointed to have charge of scbool funds and property, and control and management of school in manner herein provided. Vacancies by death or otherwise to be filled by survivors. Three of said board to be white citizens. Children of Ottawas and their descendants, no matter where they may emigrate, shall have right to advantages of said school. (Art. 6.) Ten acres set apart for Ottawa Baptist Church. Title vested in board of five trustees appointed by church. Gift of land authorized to certain specified persons. Lands to be patented in fee-simple at the time of arriving at citizenship. Forty acres of each allotment, including house and improvements, to be inalienable during the life-time of party receiving title. (Art. 7.) Census to be taken. Money of minors to be paid to legal guardians. (Art, 8.) After allotment, unallotted portion to be sold to actual settlers in specified manner. (Art. 9.) United States to pay Ottawas $13,005.95 for stolen stock and timber. (Art. 10.) Interpreter to be appointed and expenses of treaty paid by tribe. (Art. 11.) Amended July 16, 1862 ; assented to July 19, 1862; proclaimed July 28, 1862. ' For treaty of February 23, 1867, see Kaskaskia treaty same date Indian Territory. PEORIA RESERVATION. Row established. By treaty of February 23, 1867. Area and survey. Contains 50,301 acres, of which 40,000 are classed as tillable. 2 Surveyed. 3 Acfes cultivated. The Indians have under cultivation 1,928 acres. 4 Tribes and population. The tribes living here are the Kaskaskia, Miami, Peoria, Pian-kasha, and* Wea. Total population, 280. 5 Location. This reservation is similar in character to that of the Qua- paw. 6 Government rations. None issued. Mills and Indian employes. Not reported. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support. School population, as es timated in 1880, GO. No separate schools reported. ' United States Statutes at Large, Vol, XII, p. 1237. - Report of Indian Com missioner, 1884, p. 308. 3 Ibid., p. 259. 4 fbid., 1886, p. 428. &Ibid., p. 983. /&iYZ., 1882, p. 82. 346 INDIAN EDUCATION AND CIVILIZATION. SYNOPSIS OF KASKASKIA TREATIES. Treaty with Kaskaskia and other tribes, made at Greenville, August 3, 1795. (United States Statutes at Large, Vol. VII, p. 49.) See Chippewa treaty, August 3, 1795 Michigan. Treaty with the Kaskaskia and other tribes, made at Fort Wayne, Ind., June 7, 1803. (United States Statutes at Large, Vol. VII, p. 74.) See Delaware treaty, June 7, 1803 Indian Territory. Treaty with the Kaskaskia and other tribes j made at Vincennes, Ind., August 7, 1803. (United States Statutes at Large, Vol. VII> p. 77.) See Kickapoo treaty, August 7, 1803 Kansas. Treaty with the Kaskaskias, made at Vincennes, Ind., August 13, 1803. The Kaskaskias, representing the consolidated remains of the several tribes of the Illinois, viz, Kaskaskia, Mitchigamia, Cahokia, and Tamar^i, cede all their lauds in the Illinois country, reserving the tract of 350 acres near the town of Kaskaskia, secured to them by act of Congress, March 3, 1791, viz : Beginning at the confluence of the Ohio and the Mississippi, thence up the Ohio to the mouth of the Saline Creek, about 12 miles below the mouth of the "VVabash ; thence along the dividing ridge be^ tween the said creek and the Wabash until it comes to the general dividing ridge be tween the waters which fall into the Wabash and those which fall into the Kaskaskia River ; thence along the said ridge until it reaches the waters which fall into the Illinois River; thence in a direct course to the mouth of the Illinois River; and thence down the Mississippi to the beginning ; and also the right of locating 1/280 acres within the ceded territory, which two tracts shall remain to them forever. (Art. 1.) Kaskaskias to be under the protection of the United States. (Art. 2.) An nuities increased to $1,000. House built and 100 acres inclosed for chief, $100 for seven years to be given toward support of the Roman Catholic priest to instruct the children, $300 to build a church, and $500 for payment of debts. (Art. 3.) Division of annuity to be by United States. (Art. 4.) Land heretofore claimed by Kaskas kias denned. (Art. 5.) Right to hunt on ceded lands. (Art. 6.) Treaty binding when ratified. (Art. 7. ) Proclaimed December 23, 1803. l Treaty ivith Kaskaskia and other tribes, made at Tincennes, September 25, 1818. (United States Statutes at Large, Vol. VII,*p. 181.) See Peoria treaty, September 25, 1818 Indian Territory. Treaty ivith Kaskaskia and other tribes, made at Castor Hill, October 27, 1832. (United States Statutes at Large, Vol. VII, p. 403.) See Peoria treaty, October 27, 1832 Indian Territory. Treaty wi:h Kaskaskia and other tribes, made at Washington, May 30, 1854. (United States Statutes at Large, -Vol. X, p. 1082.) See Peoria treaty, May 30, 1854 Indian Territory. 1 United States Statutes at Large, Vol. VII, p. 78. INDIAN TERRITORY QUAPAW AGENCY. 347 Treaty with the Kasha/skids, Senecas, Mixed Senecas and Shawnqea, Quapaivs, Confederated Peorias, Weas, and Piankeshaivs, Ottowas of Blanchard's Fork and Roclie de Bceuf, and certain Wyandottcs, made at Washington,) February 23, 1867. Whereas certain portions of the tribes uo\v residing in Kansas are to remove to the Indian Territory, and others to dissolve their tribal relations and become citizens, and certain tribes residing in the Indian Territory having suffered during the late War desire the means of rebuilding their houses, reopening farms, and are therefore will ing to sell lands ; a portion, of the Wyandottes, parties to the treaty of 1855, have sold their lands in severalty and have claim against the Government ; therefore, it is agreed that the Senecas cede to the United States a strip of land bounded as follows : East by the State of Missouri, north by north line of reservation, west by Nooslio River, and south the necessary distance to contain 20,000 acres. South line to be ascertained by survey at the cost of "United States. Payment, 20,000. (Art. 1.) Mixed Senecas and Shawnees cede to the United States north half of their reserva tion, bounded east by State of Missouri, north by Quapaw Reservation, west by Neosho River, south by an east and west line bisecting present Seneca and Shawnee Reserva tion into equal parts. United States to survey said line. Tract to contain 30,000 acres. Payment, $24,000. (Art. 2.) Shawnees heretofore confederated with Senecas cede to United States 12,000 acres, boundary beginning at the point where Spring River crosses the south line of the tract ceded in article 2, down said river to south line of Shawnee Reserve, west to Neosho River, and up said river to the south line of tract ceded in article 2. Survey at expense of the United States. Payment, 1 per acre. (Art. 3.) Quapaws cede strip of land north, of their reservation, one-half mile in width, in State of Kansas, containing twelve sections, except one half-section to be patented to Sam. G. Vallier, including his improvements. Payment, $1.25 per acre. Also tract beginning at a point where the Neosho River strikes the south line of Quapaw Reserve, thence east 3 miles, thence north to Kansas boundary, thence west to Neosho River, and down to the place of beginning. Payment, $1.15 per acre. Survey of this tract made at cost of tribe to which it shall bo sold. Land in Kansas to be open to entry and settlement within sixty days after survey. Payment to be made within one year from entry. (Art. 4.) Senecas. Senecas agree to separate from Shawnees, unite with Senecas, parties to treaty of February 28, 1831, upon the reservation described in article 2 of same treaty. Funds of the several bands of Senecas to be a common fund. Equitable division of annuities now held in common by Senecas and Shawnees. (Art. 5.) Four thousand dollars of the $24,000 provided in article 2 to be used for rebuilding homes, etc., the balance of the $20,000 to be consolidated with $20,000 provided in article 1 and invested at 5 per cent, to be paid per capita semi-annually together with annuity of $500 provided by article 4 of treaty of September 29, 1817. (Art. 6.) The amount annually due for blacksmith and miller under article 4 of treaty of February 28, 1831, to be paid as a fund forthe purchase of implements, and any amounts found due and unpaid to Seuecas upon an examination of their accounts to be added to this fund, the interest to be used as aforesaid. (Art. 7.) Shawnees. Tvro thousand dollars of sum provided in article 3 used for establishing homes, etc. Balance to be invested at 5 per cent, and paid semi-annually. Amounts due and unpaid upon stocks and bonds invested to be expended under the direction of chiefs with consent of agent, and one-half of blacksmith's fund remaining after division to be made with Senecas shall be devoted to the same purposes with the addition of $500 annually for five years. (Art. 8.) Quapaws. Five thousand dollars of sum provided in fourth article to be used for re-establishing homes, etc. Balance invested at 5 per cent., payable semi-annnally per capita. (Art. 9.) If Osage mission schools should close so that Quapaw school fund can not be used at that institution, fund to remain in Treasury of United States until the Secretary, with the consent of chiefs, can use it to establish a school upon 348 INDIAN EDUCATION AND CIVILIZATION. their reservation. (Art. 10.) The amount of farmer's fund now due and unpaid provided in article 3 of treaty of May 13, 1833, to be used for implements, seeds, etc., now and hereafter. (Art. 11.) A commission of two to investigate the losses sus tained by the Senecas and Shawnees and Quapaws when driven from their homes dur ing the late War, and report same to Congress. (Art. 12.) Wyandottes. Lands ceded by Senecas in article 1, set apart for Wyandottes, to be owned in common. Three persons appointed to ascertain the amount of money due under existing stipulations and submit a report to Congress. Registry of people, resi dents in Kansas and elsewhere, to be taken by agent of Delawares showing the names of those who desire to remain in a tribal condition together with incompetents and orphans. These to constitute the tribe. No one hitherto a citizen or descendant of such to become a member of the tribe after its new organization except by consent of tribe unless the agent shall certify such person as likely to become a public charge. (Art. 13.) Upon completion of register the moneys acknowledged due to be divided among the people, including those who remain citizens. The balance, deducting the cost of land purchased in the first article and $5,000 to enable the Wyandottes to start in their new home, to be divided per capita among those constituting the tribe. (Art. 14.) Re strictions on sales of land made under fourth article of treaty with Wyandottes of 1855 hereby removed, but Secretary to order investigation. (Art. 15.) Ottaicas. Shawnee cession of article 3 hereby sold to Ottawas at $1 per acre, to be paid from the sale of Ottawa trust lands, as provided in article 9 of treaty of 1862. Balance, after payment of accounts provided in article 5 of same treaty, to be paid per capita. (Art. 16.) Period when tribes shall become citizens extended to July 16, 1869. Previous to that date any member may appear before United States district court for Kansas and declare his intention and receive certificate of citizenship, which shall include his family and entitle him to his proportion of tribal fund and dissolve his relation with the tribe. All Ottawas who shall not have made such dec laration before said date to be considered members of the tribe. To enable tribe to dispose of its property in Kansas, fee-simple patent given to allotees. Said lands to remain exempt from taxation so long as retained by members of the tribe down to the date aforesaid. Chiefs to decide heirship to real estate according to laws of Kansas. (Art. 17.) United States to pay certain claims for destruction of property by whites. (Art. 18.) Children from six to eighteen to be entitled to education and care at the institution provided for in article 6, treaty of 1862. Secretary of the Inte rior and senior corresponding secretary of American Baptist Home Missionary Society to be members ex officio of board of trustees. (Art. 19.) The remaining 7,221 and fraction acres of trust lands to be sold to trustees of Ottawa University for benefit of said institution as provided. (Art. 20.) Peorias, Kas'kasMas, Weas, and Piarikeshaws. Sales of nine and a half sections made by confederated tribes to actual settlers confirmed. Money to be paid to the Secre tary of the Interior for the benefit of tribe, subject to the provisions of this treaty. (Art. 21.) Land in the second and fourth articles to be purchased from the Senecas and Quapaws hereby sold to Peorias to be paid for at the same rate out of the money received by the provisions of article 21, and other moneys belonging to the tribe. Indians to dispose of their allotments in Kansas and to remove therefrom within two years. Restrictions to sale of lands in article 3, treaty of May 30, 1854, removed. Chiefs to determine members of tribe to be placed on pay-rolls. (Art. 23.) An examination shall be made of the books of the Indian Office, and an account current prepared stating the condition of its funds, and the representations of the In dians for overcharges for sales of their lands in 1857 and 1858 shall be examined, and if any amount is found to be due such balance, it together with the interest of their invested funds shall be paid to them upon the 1st of July, 1867; and in order further to assist them in preparing for removal and in paying their debts the further amount of $25,000 shall be at the same time paid to them per capita from the sum of $169,686.75 invested for said Indians under act of Congress of July 12, 1862, and the balance of INDIAN TERRITORY QUAPAW AGENCY. 349 said sura of $169,686.75, together with the sum of $98,000 now invested on behalf of the said Indians in State stocks of Southern States, and the sum of $3,700 being the balance of interest at 5 per cent, per annum on $39,950 held by the United States from July, 1857, till vested in Kansas bonds in December, 1861, after crediting $5,000 thereon heretofore receipted for by the chiefs of said Indians, shall be and remain as the permanent fund of the said tribe, and 5 per cent, be paid semi-annually thereon, per capita, to the tribe ; and the interest due upon the sum of $28,500 in Kansas bonds, and upon $16,200 in United States stocks, now held for their benefit, shall be paid to the tribe semi-annually in two equal payments as a permanent school fund income : Provided, That there shall be taken from the said invested fund and paid to the said tribe, per capita, on the 1st of July, 1868, the sum of $30,000 to assist them in es tablishing themselves upon their new homes ; and at any time thereafter, when the chiefs shall represent to the satisfaction of the Secretary of the Interior that an ad ditional sum is necessary, such sum may be taken from their invested fund : And pro vided also, That the said invested fund shall be subject to such division and diminu tion as may be found necessary in order to pay those who may become citizens their share of the funds of the tribe. (Art. 24.) In case the Supreme Court decides certain taxes levied upon the Indians as unlaw ful, the Government shall take measures to secure the refunding of the same. (Art. 25. ) The Miamis to be confederated with these tribes and own an undivided right in said reservation by paying their proportionate share of purchase-money and contrib uting to the common fund such amount as shall make their annuities equal to said tribes. (Art. 26.) The sum of $1,500 for six years, for blacksmith, in lieu of claims for losses during late War. (Art. 27. ) Register to be taken of such as may desire to become citizens and remain in Kansas. (Art. 28.) Amendments to be assented to by tribes particularly interested. (Art. 40.) Amended June 18, 1868, at which time articles 29 to 39 inclusive and 41 were stricken out; assented to the 1st, 7th, 8th, and 15th of September, 1868, and proclaimed Octo ber 14, 1868. i SYNOPSIS OP TREATIES WITH THE MIAMI INDIANS. For treaty of August 3, 1795, with Miamis, Chippewas, and other tribes, see Chip- pa wa treaty, same date Michigan. For treaty of June 7, 1803, with Miamis, Pottawatornies, and other tribes, see Potta- watomie treaty, same date Indian Territory. For treaty of August 21, 1805, with Miamis, Delawares, and other tribes, see Dela ware treaty, same date Indian Territory. For treaty of September 30, 1809, with Miamis, Delawares, and other tribes, see Delaware treaty, same date Indian Territory. For treaty of July 22, 1814, with Miamis, Shawnees, and other tribes, see Shawueo treaty, same date Indian Territory. For treaty of September 8, 1815, with Miamis, Chippewas, and other tribes, see Chippewa treaty, same date Michigan. Treaty with the Miami Indians made at St. Mary's, Ohio, October 6, 1^18. Beginning at the Wabash River, where the present Indian boundary line crosses the same, near the mouth of Raccoon Creek ; thence up the Wabash River to the reserve at its head, near Fort Wayne; thence with the lines thereof to the St. Mary's River; thence up the St. Mary's River to the reservation at the portage; thence with the line of the cession made by the Wyandotte Nation of Indians to the United States, at the foot of the rapids of the Miami of Lake Erie, on the 29th day of Sep tember, A. D. 1817, to the reservation at Loramie's store ; thence with the present 1 United. States Statutes at Large, Vol. XV, p. 513. 350 INDIAN EDUCATION AND CIVILIZATION, Indian boundary line to Fort Recovery ; and with the said line following the courses thereof, to the place of beginning. (Art. 1.) From the cession aforesaid the follow ing reservations for the use of the Miami Nation of Indians shall be made : One reser vation extending along the Wabash River, from the mouth of Salamanie River to the mouth of Eel River, and from those points running due south a distance equal to a direct line from the mouth of Salamanie River to the mouth of Eel River. One other reservation of 2 miles square, on the river Salamanie, at the mouth of Atchepoog- qwawe Creek. One other reservation of 6 miles square, on the Wabash River below the forks thereof ; one 10 miles square opposite the mouth Of the river A Bouette ; one 10 miles square at the village on Sugar Tree Creek ; one 2 miles square at the mouth of a creek called Flat Rock, where the road to White River crosses the same. (Art. 2.) Grants to individuals. (Art. 3.) Assent to cessions by Kickapoos in treaty of Decem ber 9, 1809. (Art. 4.) The sum of $15,000 perpetual annuity. Also 1GO bushels of salt. Mill and blacksmith-shop and agricultural implements provided. (Art. 5.) Tracts granted not transferable without consent of President. (Art. G.) Treaty binding when ratified. (Art. 7.) Proclaimed January 15, 1819, 1 Treaty with the Miami Indians, made near the mouth of the Mississinewa on the Wabash River, Indiana, October 23, 1826, Indians cede all lands in Indiana north and west of Wabash and Miami Rivers. (Art. 1.) From the cession aforesaid, the following reservations for the use of the said tribe shall be made: Fourteen sections of land at Seek's village j five sections for the Beaver, below and adjoining the preceding reservation ; thirty-six sections at Flat Belly's Village ; five sections for Little Charley above the old village on the north side of Eel River ; one section for Laventure's daughter, opposite the islands, about 15 miles below Fort Wayne; one section for Chapine, above and adjoining Seek's village; ten sections at the White Raccoon's village; ten sections at the mouth of Mud Creek, on Eel River, at the old village; ten sections at the forks of the Wabash ; one reservation commencing 2 miles below the mouth of the Mississinewa, and run ning up the Wabash 5 miles, with the bank thereof, and from these points running due north to Eel River. And it is agreed that the State of Indiana may lay out a canal or a road through any of these reservations, and for the use of a canal, 6 chains along the same are hereby appropriated. (Art. 2.) Individual grants not to be sold without the consent of the President. (Art. 3.) Payments of $122,300 in goods and money, and after two years perpetual annuity of $25,000 as long as Miamis exist as a tribe ; also cattle and employe's provided. (Art. 4.) Certain claims against the Mi- amis to be paid by United States. (Art. 5.) Two thousand dollars for support of in firm, and for education, as long as Congress thinks proper. (Art. 6.) United States to purchase lands owned by certain individual Miamis. (Art. 7.) Hunting permit ted on ceded land. (Art. 8.) Treaty binding when ratified. (Art. 9.) Proclaimed January 24, 1827. 2 Treaty with the Eel Elver Band of Miami Indians, made at the Wyandotte Village, on the Wabash River, Indiana, February 11, 1828. Indians cede 10 miles on Sugar Tree Creek, Indiana, and Indians to remove to the 5-mile reservation on Eel River. (Art. 1.) Payment of $10,000 in goods. Houses to be built, land broken, stock, etc., furnished on Eel River Reservation. (Art. 2.) Four thousand dollars debts to be paid. (Art. 3.) The sum of $1,000 paid for five years for education. (Art. 4.) If article 4 is omitted not to affect treaty. (Art. 5.) Treaty binding when ratified. (Art. 6. ) Proclaimed May 7, 1828. 3 1 United States Statutes at Large, Vol. VII, p. 189, * Ibid., p. 300, *Ibid., p, 309. INDIAN TERRITORY QUAPAW AGENCY. 351 Treaty with the Miami Indians, made at the Forks of the Wabash, October 23, 1844. This treaty not being approved by the President, the Indians, on July 31, 1837, offered the following : The Miami tribe of Indians agrees to cede to the United States the following de scribed tracts of laud within the State of Indiana, being a part of reservations made to said tribe from former cessions, now conveyed for and in consideration of the pay ments stipulated to be made to them in the second article of this treaty of cession. One tract of land, thirty-six sections, at Flat Belly's village, a reserve made by the treaty of Wabash of 1826 ; also one tract of land, about 23,000 acres, more or less, a reserve made at Wabash treaty in 1826 of 5 miles in length on the Wabash River, extending back to Eel River; also one other tract of ten sections at Raccoon village, and a tract of ten sections at Mud Creek, on Eel River, reserves made at Wabash treaty of 1826 ; also one reserve of 2 miles square on the Salamany River, at the mouth of At-che-pong-quawe Creek, reserve made at the treaty of St. Mary's of 1818 ; also one other tract, being a portion of the 10 miles square reserve made at the treaty of St. Mary's of 1818, opposite the mouth of the river Aboutte, commencing at the northeast corner of said reserve ; thence south with the eastern boundary of the same 10 miles to the southeast corner of the reserve ; thence west with the southern boundary 1 mile ; thence north 9 miles ; thence west 9 miles ; thence north 1 mile to the northwest corner of said reserve ; thence to the place of beginning. The Miamies also agree to cede a portion of their big reserve made at the treaty of St. Mary's of 1818, situated southeast of the Wabash, extending along the Wabash River from the mouth of Salamany River to the mouth of Eel River. The part now ceded shall be embraced within the following bounds, to wit : Commencing on the Wabash River opposite the mouth of Eel Eiver, running up said Wabash River 8 miles; thence south 2 miles ; thence westwardly 1 mile ; thence south to the southern bound ary of said reserve ; thence along said boundary line 7 miles to the southwest corner ; thence northerly with the western boundary line to the place of beginning. (Art 1.) The sum of $208,000 paid; $58,000 in goods, $50,000 in payment of debts, $100,000'in annual installments of $10,000 each. (Art. 2.) Grants to certain individuals. (Arts. 1 3, 4, 8, 9. ) A miller to replace gun-smith promised in article 5 of treaty of 1818. (Art. 5.) Improvements on ceded lands to be valued and improvements to ^arne amount to be made on reservation. (Art. 6.) One thousand five hundred dollars for horses stolen by whites. (Art. 7.) Amended October 12, 1837, and amendment ratified by Indians, November 10, 1837 ; proclaimed, December 22, 1837. * Treaty with the Miami Indians, made at the Forks of the Wabash, in the State of Indiana, November 6, 1838. The Miami tribe of Indians hereby cede to the United States all that tract of land lying south of the Wabash River and included within the following bounds, to wit: Commencing at a point on said river where the western boundary lino of the Miami Reserve intersects the same, near the mouth of Pipe Creek; thence south 2 miles; thence west 1 mile ; thence south along said boundary line 3 miles ; thence east to the Mississinnewa River ; thence up the said river with the meanders thereof to the eastern boundary line of the said Miami Reserve ; thence north along said eastern boundary line to the Wabash River ; thence down the said last named river, with the meanders thereof, to the place of beginning. The said Miami tribe of Indians do :; also hereby cede to the United States the three following reservations of land, made for the use of the Miami Nation of Indians by the second article of a treaty made and concluded at St. Mary's, in the State of Ohio, on the 6th of October, 1818, to wit : The reservation on the Wabash Biver, below the forks thereof; the residue of the reservation opposite the mouth of the river Abouette ; the reservation at the mouth 1 United States Statutes at Large, Vol. VJI, pp. 453 to 463. 352 INDIAN EDUCATION AND CIVILIZATION. of a creek called Flat Rock, where the road to White River crosses the same. Also one other reservation of land made for the use of said tribe at Seek's village, on Eel River, by the second article of a treaty made and concluded on the 23d of October, 182G. (Art. 1.) From the cession aforesaid the Miami tribe reserve for the baud of Me-to-siii-ia the following tract of land, to wit: Beginning on the eastern boundary line of the big reserve, where the Mississinnewa River crosses the same j thence down said river with the meanders thereof, to the mouth of the creek called Forked Branch ; thence north 2 miles ; thence in a direct line to a point on the eastern boundary line 2 miles north of the place of beginning ; thence south to the place of beginning ; supposed to contain 10 square miles. (Art. 2.) The sum of $335,680 paid ; from which, after certain payments have been deducted, ten yearly installments to be paid of $12,568 each. (Art. 3.) Debts amounting to $9,412 to be paid. (Art. 4.) Commission to investigate claims against Miamis. (Art. 5.) The sum of $150,000 set apart for paying same. (Art. 6.) Improvements and building on ceded lands to be appraised. Indians to occupy them untilUnited States makes corresponding improvements on reservation. (Art. 7.) Land patented to in dividual. (Art. 8.) Boundary of Miami lands to be surveyed. (Art. 9.) United States guaranty to the Miamis forever a country west of Mississippi when they are disposed to emigrate. (Art. 10.) United States to defray expenses of exploring party to the west. (Art. II. 1 ) Grants and provisions for individuals. (Arts. 12 and 14.) If treaty not ratified at next session of Congress, to be null and void. (Art. 13.) Tre-ity binding when /ratified. (Art. 15.) Proclaimed February 8, 1839. l Treaty with the Miami Indians, made at the ForJcs of the Wabash, November 28, 1840. Indians cede all their remaining lands in Indiana. (Art. 1.) United States paid tribe $550,000; $300,000 applied to debts and $250,000 to be paid in twenty install ments. (Art. 2.) Commission to investigate claims. (Art. 3.) Payments to indi viduals provided. (Arts. 4,5.) The sum of $250,000 annually in lieu of labor pro vided in article 4, treaty of October 23, 1826. (Art. 6.) Miamis to remove west of Mississippi within five years. United States to pay expenses of removal and subsist them for one year, and expend $4,000 out of their annuity the second year. (Art. 8.) Grants to individuals. (Arts. 7 and 10.) Nothing in this treaty to invalidate former treaties. (Art. 11.) Expenses of treaty paid by United States. (Art. 12.) Treaty binding when ratified. (Art. 13.) Indians to assent. (Art. 14.) Five hundred thousand acres set apart west of State of Missouri. (Supplementary article.) Amended by Senate, February 25, 1841. Approved by Indians, May 15, 1841. Proclaimed June 7, 1841. 8 Joint resolution for the benefit of certain Miami Indians, March 3, 1845. Payment of annuities to certain Miami Indians to be paid at Fort Wayne, or else where, as Secretary of War may direct. In case of removal of said Indians west of Mississippi River, annuities to be paid them at place of payment of annuities to said tribe. Approved March 3, 1845. 3 Joint resolution, May 1, 1850. Provisions of joint resolution of March 3, 1845, extended to certain persons named therein. Approved May 1, 1850. 4 1 United States Statutes at Large, Vol. VII, p, 569, "Ibid., p. 582, *Ibid., Vol. VI, p. 942. < Ibid., Vol. IX, p. 806. INDIAN TERRITORY QUAPAW AGENCY. 353 Treaty with the Miamis of Indiana, made at Washington, June 5, 1854. Miainis cede all the land set apart for them west of the State of Missouri, except 70,000 acres for a reservation, and 640 for school purposes. (Art. 1.) Reservation to be surveyed at' expense of Miamis. Each person to select 200 acres. Chiefs to select the 640 acres for school and to include school buildings, etc. Residue of 70,000 acres taken in a compact form and held as common property, and which may, with consent of the tribe, be sold to the United States. Patents to be issued to persons selecting laud, and not liable to levy, sale, or forfeiture. Legislature of the State em bracing the territory may remove restrictions with consent of Congress. (Art. 2.) United States to pay $200,000 ; $50,000 to be invested and interest expended for edu cational purposes under direction of President. Remainder paid in twenty annual installments ; no part of these payments to be made to Miamis who draw their annu ities in State of Indiana. (Art. 3.) Payments due under preceding treaties propor tioned between the Indiana Miamis and Western Miamis. (Arts. 4 and 5. ) Indians re lease United States from claims under previous treaties, for which the United States shall pay $421,438.68, of which $231,004 shall be for the Miamis of Indiana. Other payments provided for damages to stock and property by removal and depredations by citizens of the United States. Amount due Miamis of Indiana to be invested at 5 per cent., interest to be paid for twenty-five years, at which time, or sooner if ap proved by President, the principal sum to be paid in full. No persons other than the three hundred and two names upon the census of the Miamis of Indiana to be re cipients unless they be added to the tribe according to the custom of the Miamis. (Art. 4.) Permanent annuity of $25,000 to cease with 1855. (Art. 5.) Miamis to re imburse United States for moneys erroneously paid to them which belonged to Eel River band. (Art. 6.) No settlement on ceded country until Indian selections have been made. (Art. 7.) Personal debts not to be paid out of general fund. (Art. 8.) Intemperance to be discouraged. (Art. 9.) Authorized roads to be provided for as through lands of citizens. Railroads to make compensation. (Art. 10.) Leg islation permitted to effect objects of treaty. (Art. 11.) First annuity set apart for education. (Art. 12.) Annuity money set apart for repair of mill and school-house. (Art. 13.) Treaty binding when ratified. (Art. 14.) Amended by Senate August 4, 1854. Proclaimed August 4, 1854. ] Act of Congress July 12, 1858. ******* SEC. 3. Andbe it farther enacted, That the Secretary of the Interior be, and is hereby, authorized and directed to pay to such persons of Miami blood as have heretofore been excluded from the annuities of the tribe since the removal of the Miamis in 1846, and whose names are not included in the supplement to said treaty, their pro portion of the tribal annuities from which they have been excluded ; and he is also authorized and directed to enroll such persons upon the pay-list of said tribe and cause their annuities to be paid them in future : Provided, That the foregoing pay ments shall be in full of all claims for annuities arising out of previous treaties. And said Secretary is also authorized and directed to cause to be located for such persons each 200 acres of land out of tract of 70,000 acres reserved by the second article of I the treaty of June 5, 1854, with the Miamis, to be held by such persons by the same tenure as the locations of individuals are held which have been made under the third article of said treaty. Approved July 12, 1858. 2 An act to authorise- the Secretary of the Interior to make partition of the reservation to Me- shin-go-me-sia, a Miami Indian, June 1, 1872. The Secretary of the Interior is authorized to cause partition to be made of the res ervation held in trust for the band of Me-shin-go-ine-sia, often sections of land made 1 United States Statutes at Large, Vol. X, p. 1093. 2 Ibid., Vol. XI, p. 332. S. Ex. 95 23 354 INDIAN EDUCATION AND CIVILIZATION. by the treaty between the United States and the Miami tribe of Indians, entered into on the 28th day of November, 1840. The United States to release to said band all right of purchase of said reservation ; the expenses of the partition to be paid by the band. Any costs or expenses made by claimants who shall not be found entitled to share in said lands shall not be a lien thereon, but shall be paid by claimants, to be retained by the Secretary out of any moneys that may be due or become due them from the United States : And provided further, That if from any cause the chief of said band shall fail to make said written application within six months next after the passage of this act any person or persons interested in said lands may make the same. Names of members of the band, November 28, 1840, to be ascertained and par tition made to survivors. Such testimony may be taken before any person authorized to take and certify depositions under the law of the State of Indiana. The homes and improvements of the persons entitled under section two of this act shall be set apart to the occupants, the value of said improvements not in any case to be estimated -where the same shall be on land awarded to the person who made them, and a record kept thereof and filed in the office of the Secretary of the Inte rior, and certified copies forwarded to and filed in the offices of auditors of Grant and Wabash Counties, in the State of Indiana, where the land lies. The Secretary of the Interior shall, so soon as said partition is made, cause patents to issue to the several persons to whom partition is made under this act, conveying in fee to each the tract of land so set apart to him or her, which shall entitle the owner thereof to the use, occupancy, and control of the same against all claims what soever : Provided, That after the date of partition the said lands shall become subject to the laws of descent of the State of Indiana. Said lands shall never be subject, in any time to come, to any debt contracted, the consideration of which passed, in whole or in part, prior to the date of partition. Nor shall said lands be subject to levy, sale, forfeiture, or mortgage ; nor to any lease for a longer period at any one time than three years prior to the 1st day of January, 1881 ; nor shall said lands be disposed of, contracted, or sold by the owners thereof, under this partition, prior to the 1st day of January, 1881: Provided, That the same shall&e subject to taxation as other property under the laws of the State of Indiana, on and after that date. The members of said band, and their descendants, shall become citizens of 4he United States on the 1st day of January, 1881. 1 The following extract from the Report of the Indian Commissioner for 1873, p. 16, tells of the completion of this act : By act of Congress of June 10, 1872, the Secretary of the Interior was directed to ascertain what persons constituted the band of said chief, their survivors and de scendants, and to partition said reserve to them. A commission was appointed for this purpose, who made investigation, and partitioned said land to sixty-three per sons, which partition was reported in due form and approved by the Secretary of the Intel ior, and patents are being issued to the parties. For treaty of February 23, 1867, with Miamis, Kaskaskias, and other tribes, see Kaskaskia treaty, same date Indian Territory. An act to abolish the tribal relations of the Miami Indians, and for other purposes, March 3, 1873. If the Miami Indians shall signify to the President their desire to sell lands reserved by article 1 of the treaty of June 5, 1854, together with the school section, said lauds to be disposed of as follows: Land to be appraised by legal subdivisions. Improve ments made by United States and Indians to be included, and those by white settlers to be excluded in determining the estimate of value. (Sec. 1.) Each boua, fide settler having valued improvements, or their heirs at law who are crtiaens or who have de- 1 United States Statutes, Vol. XVII, p. 213. INDIAN TERRITORY QUAPAW AGENCY. 355 clared their intention of becoming such, shall be entitled to purchase for cash laud so occupied at appraised value. Unoccupied and unimproved lands to be sold to highest bidder. (Sec. 2.) Any adult member of said tribe may become a citizen by proving, to the satisfaction of the United States circuit court of Kansas, by two competent witnesses, that he or she is capable of managing his or her affairs, has adopted the habits of civilized life, and for five years maintained, himself and family, shall take oath of allegiance as provided for the naturalization of aliens, and shall be declared by said court to be a citizen, and shall be entered of record and a certificate thereof given to said party. Upon presentation of said certificate to the Secretary of the Interior with proof of identity the land held by said party and their minor children to be patented without power of alienation or subject to levy, taxation, or sale during the natural life of said Indian or his minor children. Also to be paid from time to time his proportion of moneys and effects of the tribe held by the United States. Also a proportion of net proceeds of sales of land under this act. (Sec. 3.) Census to be taken of all Miami Indians entitled to a share of the reserved lauds and moneys set apart by the afore mentioned treaty, including those persons provided for by section 3 of the act of June 12, 1858, subject to the approval of the Secretary of the Interior. With the census, two lists to be made, one, of those Indians electing to be become citizens, the other, of those who elect to unite with the Wea, Peoria, Kaskaskia, and Piankeshaw Indians in the Indian Territory, according to contract of January 15, 1872. Said lists to be filed with the Secretary of the Interior. Those desiring to be citizens, when they have completed the provisions for naturalization, shall bo treated in all re spects as citizens of the United States. Secretary to ascertain amount duo certain Miami Indians. (Sec. 4.) Proceeds of sales of land and all moneys, securities, annuities, and effects held by the United States for said Miami Indians of Kansas, after the deductions for citizen Indians and their minor children, to be the exclusive property of said tribe and known as the "consolidated" fund. (Sec. 5.) The Secretary to examine the contract of January 15, 1872, made between the Western Miamis of Kansas and Con federated Wea, Peoria, Kaskaskia, and Piankeshaw Indians, and approve the same, with such modifications as equity may require, and for carrying into effect said con tract may withdraw from consolidated fund the sum to pay the Weas, Peorias, Kas- kaskias, and Piankeshaws for an interest in their lands for those of the Miamis who shall unite with the confederated tribes. After making said payment a sum shall be placed in the hands of the confederated tribe, which shall enable all the Miamis to draw like annuities with the said confederated tribes without prejudice to the latter. The remainder of the consolidated fund shall be paid per capita to the Miamis electing to unite with the consolidated tribe to aid them in moving to and improving their new homes. After their union with the confederated tribes they shall all be known as the United Peorias and Miamis, drawing equal and like annuities. (Sec. 6.) This act not to affect the claims of Miamis or their descendants referred to in Senate amendment to article 4, treaty of June 5, 1854. (Sec. 7.) 1 SYNOPSIS OF TREATIES WITH THE PEORIA INDIANS. Trcaly ii'ithllte Peoria, Kaskaskia, Mitcliigamla, Cahokia, and Tamarois tribes of Illinois Indians, made at Vincennes, September 25, 1818. Peorias cede all their right to land lying from the mouth of the Ohio up the latter to mouth of Saline Creek, along the dividing ridge between the Saline and the Wa- bash to the dividing ridge between the Wabash and Kaskaskia ; thence along the ricl^e until it reaches the waters which fall into the Illinois River ; thence direct to the confluence of the Kankakee and Maple Rivers; thence down the Illinois to the Missis sippi, and down the latter to the mouth of the Ohio. (Art. 1.) Treaty of August 13, 1803, to continue obligatory. (Art. 2.) Peorias to remain at peace under the pro tection of the United States. (Art. 3.) Two thousand dollars' worth of merchandise 1 United States Statutes at Large, Vol. XVII, p. 631. 356 INDIAN EDUCATION AND CIVILIZATION. paid down and annuity of $300 for twelve years. (Art. 4.) Also United. States to cede 64Q acres, including the Peoria Village on the Blackwater Biver, Missouri, if not included in private claim. Otherwise an equal tract elsewhere. (Art. 5.) Proclaimed January 5, 1819. 1 Treaty with the Peoria, Kaskaskia, Mitchigamia, Cahokia } and Tamarois bands, composinc the Illinois nation, made at Castor Hill, Mo., October 27, 1832. Kaskaskias cede to United States the land granted them forever by section 1, treaty of August 13, 1803, except 350 acres near the town of Kaskaskia, secured to them by act of March 3, 1793. (Art. 1.) Also their annuity under article 3, same treaty, and salt annuity treaty, June 7, 1803. (Art. 2.) Peorias relinquish all land hereto fore assigned them in Illinois or Missouri. (Art. 3.) United States cede to Kaskas kias and Peorias forever, or as long as they live in it as a tribe, one hundred and fifty sections of land west of the State of Missouri on the Osage River, bounded north by Shawnee lands ; west by western line of Piankeshaw,Wea, and Peoria reservation ; east by Piankeshaws and Weas. (Art. 4.) Annuity, $3,000 for ten years. (Art. 5.) The Peorias not understanding by article 5 of the treaty of Edwardsville, September 25, 1825, that they ceded land in Missouri of which they had been possessed for more than sixty years, now demanded an equivalent. United States to pay Peorias and Kas kaskias $1,600; to Peorias for abandoned improvements $250 ; to Kaskaskias for loss of s t ock, salt annuity due $350 ; stock, etc., to both tribes to value of $400. Also to build houses, breaking laud $300; for implements, etc., $50 for four years; and assistance given Kaskaskias to remove, and subsistence for one year thereafter to the amount of $1,000, and $800 in goods on signing treaty. (Art. 6. ) In consideration of said pay ments all claims within Illinois and Missouri relinquished. (Art. 7.) Treaty bind ing when ratified. (Art. 8.) Proclaimed February 12, 1833. 3 Treaty with the Peorias, Kaskaskias, Piankeshaws, and Weas, made at Washington, May 30, 1854. Peorias, Kaskaskias, Piankeshaws, and Weas to form a consolidated tribe. (Art. 1.) Indians relinquish all land granted by article 4, treaty of October 27, 1832, ex cept an amount equal to 160 acres for each person in the united tribes, and ten addi tional sections. (Art. 2.) Also a grant of 640 acres to the board of the American Indian Missionary Association. Same to be patented. (Art. 5.) Ceded land to be surveyed. Indians to make selections therefrom within ninety days thereafter. (Art. 3.) Residue to be sold at usual rates. After three years Congress may reduce the price of land until all be sold. Proceeds, after deducting expenses, etc., to be paid to Indians. (Art. 4.) The consolidated tribes to relinquish all permanent annuities, amounting to $3,800^ and all claims for damages by reason of unfulfillmeut of treaties, etc. United States to pay $66,000 in six annual installments, and to furnish interpre ter and blacksmith and shop for five years. (Art. 6.) Of annuities, $500 set apart for support of aged ; $2,000 for education ; $2,000 to settle their affairs. (Art. 7.) Settlements not permitted until selections have been made by Indians. (Art. 8.) Private debts not to be paid from general fund. (Art. 9.) Liquor not to be intro duced into the country. (Art. 10.) Congress may enact laws to carry out treaty. (Art. 11.) Right of way granted for roads on same terms as through land of citizens. (Art. 12.) Any member omitted from schedule to be provided for. (Art. 13.) Treaty binding when ratified. (Art. 14.) Proclaimed August 10, 1854. 3 For treaty of February 23, 1867, with Peorias, Kaskaskias, and other tribes, see Kaskaskia treaty, same date Indian Territory. 1 United States Statutes at Large, Vol. VII, p. 181. ^lUd.,. 403. Ibid., Vol. X, p. 1082, INDIAN TERRITORY QUAPAW AGENCY. 357 SYNOPSIS OF TREATIES WITH THE PIANKESHAW INDIANS. For treaty of August 3, 1795, with Piankeshaw, .Chippewa, and other tribes, see Chippewa treaty, same date Michigan. For treaty of June 7, 1803, with Piankeshaw, Pottawatomie, and other tribes, see Pottawatomie treaty, same date Indian Territory. For treaty of August, 1803, with Piankeshaw, Kickapoo, and other tribes, see Kick- apoo treaty, same date Kansas. Treaty with the Pianleshaws, made at Vincennes, Ind., August 27, 1804. Indians cede land between the Ohio and Wabash Rivers and below Clark's grant and the Vinceunes tract. (Art. 1.) Acknowledge the rights of Kaskaskias to sell certain lands recently ceded to the United States. (Arfc. 2.) Annuity of $200 for ten years, and $700 in goods at beginning of treaty. (Art. 3.) United States to divide the an nuity among the tribe. (Art. 4.) Proclaimed February 6, 1805. l Treaty with the Piankeshaws, made at Yincennes, Ind., December 30, 1805. Indians cede laud between Wabash and Kaskaskia cession. (Art. 1.) United States to protect Kaskaskias. (Art. 2.) Additional annuity of $300. (Art. 3.) Ac knowledgment of $1,100 for compensation of past treaty stipulations. (Art. 4.) Right to hunt on ceded territory. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed May 23, 1807. " Treaty with the Piankeshaws, made at Portage des Sioux, July 18, 181. (See United States Statutes at Large, Vol. VII, p. 124.) Treaty similar to one made with the Sioux, July 19, 1815 (see Dakota Territory). Treaty with the Piankeshaws and Weas, made at Castor Hill, St. Louis County, Mo., October 29, 1832. Indians' cede all land in Missouri and Illinois. (Art. 1.) Cede two hundred and fifty sections of laud west of State of Missouri within the land set apart for the Piaukeshaws and Weas and Peorias, bounded as follows : East by Missouri State, 15 miles ; north by Shawueo lands ; west by Peoria and Kaskaskia land ; south by original tract surveyed for Piaukeshaws, Weas, and Peorias, to include present villages of Piaukeshaws and Weas. (Art. 2.) As equivalent for salt and improvements on lauds left in Missouri and horses lost in removal, to the Piankeshaws $500 for five years, and $750 to assist in agriculture. (Art. 3.) Equivalent to Weas for improve ments on lands removed and loss of stock $500, $200 in merchandise. The United States to assist the Weas of Indiana to remove. (Art. 4.) Support of blacksmith shop for five years for benefit of Piankeshaws, Weas, Peorias, and Kaskaskias in common. Treaty binding when ratified. (Art. 6.) Proclaimed February 12, 1833. 3 For treaty of May 30, 1854, with Piankeshaw, Peoria, and other tribes, see Peoria treaty, same date Indian Territory. For treaty of February 23, 1837, with Piankeshaw, Kaskaskia, and other tribes, see Kaskaskia treaty eame date Indian Territory. SYNOPSIS OF TREATIES WITH THE WEA INDIANS. Treaty with Weas and tribes northwest of the Ohio, made at Vincennes, Ind., October 26, 1509. For treaty of August 3, 1795, with Weas, Chippewas, and other tribes, see Chippewa treaty, same date Michigan. 1 United States Statutes at Large, Vol. VII, p. 83. 3 Ibid., p. 100. 3 Ibid., p. 410. 358 INDIAN EDUCATION AND CIVILIZATION. For treaty of June 7, 1803, with Weas, Pottawatomies, and other tribes, see Potta- watooiio treaty, same date Indian Territory. For treaty of August 21, 1805,' see Pottawatomie treaty, same date Indian Ter ritory. Tribes assent to cession of treaty of September 30, 1309, additional annuity of $300. and $1,500 down ; permanent annuity of $100, when Kickapoos consent. (See Pottawatomie treaty, same date.) Proclaimed January 25, 1810. 1 Treaty with the Weas and Kickapoos, made at Fort Harrison, Ind., June 4, 1816. Peace and friendship acknowledged. (Art. 1.) Treaty of Greenville and subse quent treaties confirmed. (Art. 2.) Also boundary surveyed and marked on Wabash and White Rivers in 1809. (Art. 3. ) Kickapoos acknowledge cession between Wabash and Vermillion Rivers, according to treaty of December 8, 1809. (Art. 4.) Proclaimed December 30, 1816. 3 Treaty ivith the Weas, made at St. Mary's, Ohio, October 2, 1818. Indians cede all land within the States of Indiana and Ohio and Illinois. (Art. 1.) Reserved the following tract : Beginning at the mouth of Raccoon Creek ; thence by present boundary line 7 miles ; thence northeasterly 7 miles to 7 miles from Wabash River ; thence to said river by line parallel to boundary ; thence by Wabash River to place of beginning. (Art.2.) Grants to individuals. (Art.3.) Sanction of Kick apoos' cession of December 9, 1809. (Art. 4.) The sum of $1,850 annually, making a total of $3,000 annuity to Weas. (Art. 5. ) Proclaimed January 7, 1819. 3 Treaty with the Weas, made at Vincennes, August 11, 1820. Indians cede tract reserved by article 2, treaty October 2, 1818. (Art. 1.) The sum of $500 in payment. (Art.2.) Weas to remove. Annuity to be paid at Kaskaskia, 111. (Art.3.) Treaty binding when ratified. (Art. 4.) Proclaimed January 7, 1821. 4 For treaty of October 29, 1832, with Weas and Piankeshaws. see Piankeshaw treaty, same date Indian Territory. For treaty of May 30, 1854, with Weas, Peorias, and other tribes, see Peoria treaty, same date Indian Territory. For treaty of February 23, 1867, with Weas, Kaskaskias, and other tribes, see Kas kaskia treaty, same date Indian Territory. 1 United States Statutes at Large, Vol. VII, p. 116. 3 Ibid., p. 145. 3 Ibid., p. 186. 4 Ibid., p. 209. CHAPTER XIII. INDIAN KESERVATIONS OF INDIAN TERRITORY Continued. QUAPAW AGENCY Continued. SENECA RESERVATION. Hoic established. By treaties of February 28, 1831, December 29,1832, and February 23, 1867. For synopsis of treaties, see Seneca treaties, New York ; for treaty of December 29, 1832, see Shawnee treaty of same date, Indian Territory ; for treaty of February 23, 1867, see Kaskaskia treaty of same date, Indian Territory. Area and survey. Contains 51,958 acres, of which 29,958 are classed as tillable. 1 Surveyed. 2 Acres cultivated. The Indians have under cultivation 2,519 acres. 3 Tribes and population. The tribe living here is the Seneca. Popula tion, 250. 4 Location. A large majority of the reservation is only fit for grazing and timber. 5 Government rations. None reported. Mills and Indian employes. A mill owned by a member of the tribe. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support^ School population, estimated, in 1886 50 Seneca, Shawnee, and Wyandotte boarding and day accommodation 115 Seneca, Shawnee, and Wyandotte boarding and day average attendance. . . 71 Seneca, Shawnee, and Wyandotte cost to Government $7, 096, 86 Session (months) 10 SHAWNEE RESERVATION. How established. Treaties of July 20, 1831 ; December 29, 1832 ; Feb ruary 23, 1867, and agreement with Modocs, made June 23, 1874, con firmed by Congress in Indiam appropriation act, approved March 3, 1875. Area and survey. Contains 13,048 acres, of which 6,088 are classed as tillable. 7 Surveyed. 8 Acres cultivated. The Indians have 2,559 acres under cultivation. 9 Tribes and population. The tribes living here are the Eastern Shaw nee. Population, 88. 10 1 Report of Indian Commissioner, 1884, p. 308. *IUd., p. 259. 3 Ibid., 1886, p. 430. IUd., p. 398. 5 Ibid., 1882, p. 83. Ibid., 1886, p. xcii. 7 Ibid., 1884, p. 308. 8 Ibid., p. 259. 9 Ibid. 1886, p. 430. 10 /6id., p. 398. 359 360 INDIAN EDUCATION AND CIVILIZATION. Location. Two-thirds of the reservation is rough and broken, while all is good grass land, and well adapted for stock-raising. 1 Government rations. INone issued. Mills and Indian employes. INbne reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support School population as esti mated in 1886, 18. School reported with the Seneca Eeservation. SYNOPSIS OF TREATIES WITH THE SHAWNEE INDIANS. For treaty of August 3, 1795, see Chippewa treaty same date Michigan. Treaty ivith the Shawnees, made at the mouth of the Great Miami Elver, Ohio, January 31, 1786. Hostages retained until prisoners restored. (Art. 1.) Indians acknowledge the right of the United States to territory ceded hy Great Britain. (Art. 2. ) To deliver up criminals. (Art. 3.) To give notice of designs against the United States. (Art. 4.) Peace established. (Art. 5.) United States to allot lands to Shawnees beyond a line touching the Great Miami and De la Panse Rivers to the Wabash. Indians re linquish all claim to land east, west, and south of said line. (Art. 6.) Any citizen settling on Shawnee land to lose protection of United States. (Art. 7.) 2 For treaty of June 7, 1803, see Chippewa treaty same date Michigan. For treaty of July 4, 1805, see Potfeawatomie treaty same date Indian Territory. For treaty of November 25, 1808, see Chippewa treaty same date Michigan. Treaty with the Shaivnees, Delaivdres, Miamis, Senecas, Wyandottes, made at Greenville, Ohio, July 22, 1814. Peace guaranteed. (Art. 1.) Indians agree to aid United States in war. (Art. 2.) Protection of United States acknowledged. (Art. 3.) Previous boundaries between tribes to be confirmed. (Art. 4.) Ratified December 13, 1814. (United States Statutes at Large, Vol. VII, p. 118.) For treaties of September 8, 1815, September 29, 1817, and September 17, 1818, see Chippewa treaty same date Michigan. Treaty with the Shaicnees of the Missouri, made at SL Louis, November 7, 1825. The Shawnees of the Missouri toget lier with the Delawares possessing a 25-mile square tract near Cape Girardeau, Mo., obtained from the Spanish Government; the Delawares removed from the same in 1815. The Shawnees cede their title for said tract to the United States. (Art. 1.) A tract 50 miles square south-west of the State of Missouri, in the late Osage country, given in exchange; and for the loss of valua ble improvements upon ceded tract $14,000 shall be paid, $5,000 for purchase of do mestic animals. (Art. 2.) Deputation to visit said tract. If not acceptable, to select lands on Kansas River. (Art. 3. ) The sum of $11,000 to pay for depredations committed by citizens on Shawnees, and for support and maintenance of blacksmith for five years. (Art. 4.) Friendship renewed. (Art. 5.) Treaty binding when rati fied. (Art. 6.) Proclaimed December 30, 1825. 3 Treaty with the Shaivnees and Senecas, made near Letviston, Logan County, Ohio, July 20, 1831. Indians cede the 48 square miles patented by treaty of September 29, 1817 ; also the tract reserved in article 2 of the treaty of September 17, 1818..' (Art. 1.) United 1 Report of Indian Commissioneir, 1882, p. 82. 2 United States Statutes at Large, 7ol. VII, p. 26, 3 Ibid., p. 284. INDIAN TERRITORY QUAPAW AGENCY. 361 States to patent to Shawnees 60,000 acres west of Mississippi as long as they exist its a nation and remain on same. (Art. 2.) United States to pay for their removal ami support for one year. (Art. 3.) Saw-mill and blacksmith shop established at discre tion of President. (Art. 4.) The sum of $6,000 advanced in lieu of improvements relinquished. (Art. 5.) Stock and implements unable to be transported to be sold by Secretary of War; proceeds to be paid to owners. (Art. 6.) Agent to superin tend removal. (Art. 7.) Ceded land to be sold at auction ; balance from sale after payments provided for to constitute a fund. (Art. 8.) Annuities by former treaties to be paid west of Mississippi. (Art. 9.) Merchandise distributed. (Art. 10.) Laud granted in article 2 to be sold only to United States. Never to be within bounds of any Territory or State or subject to laws thereof. Indians to be protected from dis turbance. (Art. 11.) Grants to individuals. (Arts. 12, 13, 14, 15.) Proclaimed April 6, 1832. l Treaty with the Shaivnces, made in Allen County, Ohio, August 8, 1831, under authority or the act of May 28, 1830. Shawnees cede to the United States 145 square miles of land claimed by them in Ohio. (Art. 1.) United States to patent 100,000 acres on or near th.e tract set apart for the Shawnees of the Missouri, so long as they exist as a nation and remain on the same. (Art. 2.) Expenses of removal and one year's support granted. (Art. 3.) Saw and grist mill and blacksmith shop furnished out of sales of land ceded, and sup ported as long as President deems proper. (Art. 4.) The sum of $13.000 advanced for improvements on relinquished lands. (Art. 5.) Stock and chattel property of the Indians which they are not able to carry with them to be sold and proceeds paid to owners, (Art. 6.) Ceded lands sold at auction. After deducting 70 cents per acre, cost of survey, and mill and blacksmith shops, and money advanced for im provements, 5 per cent, of remainder to be paid as annuity. Said fund to bo con tinued during the pleasure of Congress unless the tribe desire it to be dissolved and paid over to them. (Art. 7.) Annuities by former treaties to be paid west of the Mississippi. (Art. 8.) Merchandise given. (Arts. 9 and 14.) Land granted to Shaw nees never to be assigned within any State or Territory, or subject to laws thereof. Indians to be protected against disturbance from any person whatever. (Art. 10.) Grants to individuals. (Arts. 11, 13.) Price of section of land set apart for possible removal of Shawnees of the river Huron, Michigan. (Art. 13.) Proclaimed April 6, 1832. 2 Treaty with the Shawnees and Delawares of Cape Girardeau, made at Castor Hill, Mo., October 26, 1832. Indians cede all claims to their lands within the State of Missouri, and against the United States for the loss of property and improvements. (Art. 1.) In consideration thereof $i, 000 worth of stock paid to Delawares; $1,000 for breaking up ground; $2,500 for support of mill for five years; $1,500 for support of school three years. (Art. 2.) Also goods to the value of $5,000 and debts to the amount of $12,000. (Art. 3.) All Shawnees settled in the Territory of Arkansas to remove to lands on the Kan sas River. The sum of $1,200 to be paid them, $500 toward expenses of removal, and one year's sustenance on new lands. (Art. 4.) Treaty binding when ratified. (Art. 5.) Proclaimed February 12, 1833. s Treaty with the Shawnees and Senecas, made at the Seneca Agency, near the headwaters of Cowskin River, December 29, 1832. Whereas the Senecas from Sandusky and the mixed band of Senecas and Shaw nees, having formed a confederacy to be called the united nation of Seuecas and Shawnees, desire to occupy their lands as tenants in common ; therefore they cede 1 United States Statutes at Large, Vol. VII, p. 351. *Ibid., p. 355, *Ibid., P. 397, 362 INDIAN EDUCATION AND CIVILIZATION. to the United States all lands granted to them to the west of Grand River by treaties of July 20, 1831, and February 28, 1831. (Art. 1.) United States to patent a tract of land bounded as follows : East by the State of Missouri, south by the line of the Cherokees, west by Grand River, north by a line parallel with >he south line and ex tending from the present north line of the Senecas so as to include 60,000 acres, exclu sive of land owned by Seneca Indians east of Grand River. Two patents granted : one to mixed band of Senecas and Shawnees of Ohio for the north half, and one TO Senecas from Sandusky to the south half, the whole to be occupied in common so long as they desire. Not to be ceded or sold without the consent of United States. (Art. 2.) Saw and grist mill and blacksmith shop to be erected, and furnished from sales of laud previously ceded to the United. States. (Art. 3.) Claim of $1,000 against the United States paid. (Art. 4.) Rights existing under treaties not affected. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed March 22, 1833. l Treaty ivith the united tribes of Shawnees, made at Washington, May 10, 1854. Cessions. Indians cede to United States tract of land lying west of Missouri and des ignated in articles 2 and 3, treaty of November 7, 1825, and in article 2, treaty of August 8, 1831, containing 1,600,000 acres. (Art. 1.) Two hundred thousand acres ceded Ly United States, a tract between the Missouri State lino and line parallel thereto and 30 miles west, which shall be drawn from the Kansas River to the southern boundary line of the country herein ceded. The following tracts set apart : Three sections of land, in cluding the Indian manual labor school of the Methodist Episcopal Church South ; 320 acres, including Friends' Shawnee Labor School ; 160 acres, including mission of American Baptist Missionary Union, and 5 acres to Shawnee Methodist Church, in cluding graveyard. Individual selections and tracts set apart to be considered as part of the 200,000 acres. Reservation and land in severalty. Indians having improvements in the Territory ceded by the United States to take their land individually, as follows : Two hundred acres to each person to include improvements. Improvements of two or more persons on same tract, the oldest settler to have preference or to be paid for the same. Black Bob and Long Tail settlements to hold their land in common in amount equal to 200 acres for each person. Census of Shawnees to be taken. Persons to elect which set tlement they will join, and 200 acres in a compact form to be set apart for each person. All selections and tracts granted to missionary societies to be included as part of 200,000 acres. Surplus remaining after selections to be set apart in compact form for Shawnees who have been separated from the tribes, and all such who return within five years shall be entitled to same quantity of land out of surplus. After five years land remaining unallotted to be sold. Proceeds of sale to be retained for ten years to be invested for benevolent work among the Shawnees, during which period any ab sentee Shawnee may receive assignment of any unsold land or his portion of proceeds of sale. All selections to be made within sixty or ninety days after survey. (Art. 2.) Shawuees taking the land in common may, whenever desired, select from within the reservation their land individually. (Art. 4.) Those making separate selections to receive separate patents with such guards and restrictions as may seem advisable. (Art. 9.) Tract set apart for Baptists and Friends to be used so long as schools are kept. When no longer used to be sold at public sale, value of improvements de ducted, and remainder applied for the benefit of Shawnees. (Art. 6.) Payments. The sum of $700,000 to be paid in seven annual installments, and $89, 000 the following year. The sum of $40,000 invested at 5 per cent, for education, the fund to be increased by the $3,000 perpetual annuity provided by the treaty of 1795 ; also the euni provided in the treaty of 1817, and $10,000 for the tract set apart for the Methodist Episcopal Church South. (Art. 3.) Such Shawnees as are competent to manage their affairs to receivp their portion of annual installments in cash. For 1 United States Statutes at Large, Vol. VII, p. 411. INDIAN TERRITORY QUAPAW AGENCY. 363' otiiers President will expend annuities for their welfare. (Art. 8.) The sum of $27,000 set apart for the claims for destruction of stock and crops by emigrants. (Art. 11.) Survey and sale. Lauds ceded to be surveyed and no settlements or sales permitted until Shawnees have made their selections. (A.Tt. 5.) Provisions made for individuals (Art. 7) and for payment of debts. (Art. 10.) Roads. Right of way provided for authorized roads on same terms as through lands of citizens. Railroads to make compensation in money. (Art. 13.) Dependence on United States acknowledged. (Art. 14.) Use of liquor to be suppressed. (Art. 15.) One hundred and sixty acres set apart for agency. (Art. 1(5.) Treaty binding when ratified. (Art. 17.) Amended August 2, 1854. Amendments accepted August 21, Ic54. Proclaimed November 2, 1854. 1 For treaty of February 23, 1867, see Kaskaskia treaty, same date Indian Terri tory. For agreement made with Modocs, June 23, 1874, and act of Congress confirming the same, see Modoc Reservation Indian Territory. WYANDOTTE RESERVATION. How established. By treaty of February 23, 1867. Area and survey. Contains 21,406 acres, of which 14,000 are classed as tillable. 2 Surveyed. 3 Acres cultivated. The Indians have under cultivation 1,144 acres. 4 Tribes and population. The tribe living here is the Wyandotte. Pop. illation, 367. 5 Location. Trae reservation consists principally of wooded flint hills, dotted here and there with small arable prairies, combined with the rich valley and bottom lands. 6 Government rations. None issued. Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. School population, as esti mated in 18SG, 75. School reported with the Seneca Eeservation. SYNOPSIS OF TREATIES WITH THE WYANDOTTE INDIANS. Treaty with the Wyandottes and other tribes, made at Fort Mclntosh, January 21, 1785. See Chippewa treaty of same date. Michigan. (See United States Statutes at Large, Vol. VII, p. 116.) Treaty with the Wyandottes and other tribes, made at Fort Harmer, January 9, 1789. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 28.) Treaty icith the Wyandottes and other tribes, made at Greenville, Ohio, August 3, 1795 See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 49. ) United States Statutes at Large, Vol. X, p. 1053. 3 Report of Indian Commis sioner, 1884, p. 308. 3 Ibid., p. 259. 4 Ibid., 1886, p. 430. 5 Ibid., p. 398. Q IUd., p. 140. 364 INDIAN EDUCATION AND CIVILIZATION. Treaty with Wyundotics and other tribes, made at T'inccnncs, August 7, 1803. See treaty with Kickapoos, same date. (See United States Statutes at Large, Vol. VII, p. 77.) Treaty with Wyandottes and oilier tribes, made at Fort Industry, July 4, 1805. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 87.) Treaty with the Wyandottes and other tribes, made at Detroit, November 17, 1807. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 105.) Treaty with the Wyandottes and other tribes, made at Bronston, Mich., November 25, 1808, See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 112.) Treaty with Wyandottes and other tribes, made at Greenville, Ohio, July 22, 1814. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 118.) Treaty with the Wyandottes and other tribes, made at Spring Wells, Mich., September 8, 1815. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 131.) Treaty with the Wyandottes and other tribes, made on Miami of the Lakes, September 29, 1817. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 160.) Treaty with the Wyandottes and other tribes, made at St. Mary's, Ohio, September 17, 1818. See Chippewa treaty, same date. (See United States Statutes at Large, Vol. VII, p. 178.) Treaty with the Wyandottes, made at St. Mary's, Ohio, September 20, 1818. Indians cede two tracts of land in Michigan, containing about 5,000 acres, said tracts being reserved for use of Indians for fifty years under act of Congress, entitled "An act for the relief of certain Alabama and Wyandotte Indians," passed February 28, 1809. (Art. 1.) In consideration of cession 4,996 atfres reserved near river Huron on same terms as provided for Alabama Indians in above act, except that Wyandottes shall hold said lands so long as they occupy the same. (Art. 2.) Proclaimed January 7, 1819. 1 Treaty with Wyandottes, made at McCutcheonsville, Crawford County, Ohio, January 19, 1832. Wyandottes of Big Spring, Crawford County, Ohio, cede reservation of 16,000 acres, granted in article 2, treaty of September 17, 1818. (Art. 1.) Land to be sur veyed and sold for benefit of tribe, which shall receive $1.25 per acre for all land sold. (Art. 2.) Improvements on ceded lands to be appraised and purchased. (Art. 3.) Tract reserved for one chief. (Art. 4.) Wyandottes permitted to remove to river Huron, Michigan, where they own a reservation, or wherever they may obtain permis- 1 United States Statutes at Large, Vol. VII, p. 180. INDIAN TERRITORY QUAPAW AGENCY. 365 si on from other Indians to go. (Art. 5.) Said baud being separated from Wyaiidottes of Upper Sandusky, a special agent to be employed. (Art. 7.) Treaty binding when r at i lied. Proclaimed April 6, 1832. 1 Treaty icitlt the Wyandottes in Ohio, April 23, 1836. Indians cede three tracts in the county of Crawford herein described. (Art. 1.) Ces sion to be surveyed and sold as President may direct. (Art. 2. ) President to appoint a register and receiver. (Art. 3.) Expenses of treaty and sale defrayed from proceeds of sale. (Art. 4.) Amount approved by chiefs to be used for rebuilding of mills, re pairing of roads, and establishing of schools. The remainder to be distributed as annuities. (Art. 5.) All moneys except the last to be paid by receiver on order of chiefs. (Art. C.) Certain tracts included in cession and set apart by treaty of Sep tember 29, 1817, to be sold and proceeds paid to those for whom they were set apart. (Art. 7.) If prices paid for land be unsatisfactory to chiefs receiver may close sale and President appoint some other time fpr sale. (Art. 8.) President to direct the execution of treaty. (Art. 9.) Proclaimed May 16, 1636. 2 Treati/ with 1lic Wyandottes, made at Upper Sanduslcy, Crawford County, Ohio, March 17, 1842. Wyandottes cede the residue of their reservation, 109,144 acres, being all their lands in the State of Ohio ; also 4,966 acres, their reservation on the river Huron, and all their lands in the State of Michigan. United States to pay $500 towards removal of Huron River Indians. (Art. 1.) In consideration of foregoing United States grants a tract of 148,000 acres west of the Mississippi, to be located on lands now to be set apart for Indian use and not already assigned. (Art. 2.) Wyaindottes to receive perpetual annuity of $17,500 in specie ; first payment to be made in 1842, and to include all former annuities. (Art. 3.) Also permanent provision of $500 per annum for support of school, to begin in three years [1845]. (Art. 4.) Wyandottes to be paid full value of improvements in country ceded in Ohio and Michigan. (Art. 5.) United States to pay debts of Wyandottes to citizens of United States to amount of 23,860. (Art. 6.) Wyandottes allowed use and occupancy of their homes until April 1, 1844. (Art. 7.) Blacksmith and shop to be provided. (Art. 8.) Also subagent and interpreter. (Art. 9.) Farm and buildings of Methodist Episcopal Mission to be possessed until April 1, 1844. (Art. 10.) All Wyandottes emigrating west to participate in benefits of annuity and other privileges. Those who do not emigrate or may cease to remain with the tribe not to be entitled to benefits aforesaid. (Art. 11.) Four hundred and eighty acres remaining of a grant to Wyandotte chief by treaty of September 29, 1817, to be sold for benefit of his heirs. (Art. 12.) Chiefs agree to remove their people west of Mississippi. The sum of $5,000 to be paid chiefs when first detachment sets out; $5,000 on arrival of whole nation in the west. (Art. 13.) United States to patent one section of land to Wyandottes herein named out of any lands west of Mis souri set apart for Indian use and not otherwise claimed or occupied. Patent in fee- simple. (Art. 14.) Payment made to certain interpreters and chiefs. (Art. 15.) Grant of $3,000 to the widow of a citizen living with Wyandottes for property de stroyed in the War of 1812. (Art. 16.) Two acres of ground forever reserved and de voted to public use, to include stone meeting-house and burying-grounds north of Upper Sandusky ; said tracts to remain forever open and free to all persons for pur poses of interment and worship, and no other purposes whatever. (Art. 17. ) Treaty binding when ratified. (Art. 18.) Amended August 17, 1842; assented to September 16, 1842; proclaimed October 5, 1842." 1 United States Statutes at Large, Vol. VII, p. 364. * Ibid.,?. 502. XI, p. 581. 366 INDIAN EDUCATION AND CIVILIZATION. Agreement of December 14, 1843, approved by act of Congress July 25, 1848. This act sanctions agreement made December 14, 1843 ; between tlieWyandotteand Delaware Indians for purchase of certain lands by the former of the latter, with pro viso. Delawares donate, grant, and quitclaim forever to Wyandottes three sections of land at the junction of the Missouri and Kansas Eivers. (Sec. 1.) Delawares grant to Wyandottes and their heirs thirty-six sections lying between the Missouri and Kansas, west of the aforesaid three sections. .Land to be surveyed in as nearly a square form as rivers and territory will admit. (Sec. 2.) Wyandotte chiefs bind themselves and their successors in office and their people to pay Delawares $46,080, as follows : The sum of $6,080 to be paid in 1844, and $4,000 annually thereafter for ten years. (Sec. 3.) Agreement not binding until approved by President. Proviso: That the Wyandotte Indian Nation shall take no better right nor interest in said lands than is now vested in the Delaware Nation of Indians. 1 Treaty with tlie Wyandottes, made at Washington, April 1, 1850. Whereas by the first article of the treaty of March 17, 1842, the United States agreed, in consideration of cessions of Wyaudotte lands in Ohio and Michigan, to grant a tract of 148,000 acres, besides annuities ; and Whereas the Wyandottes never did receive said amount of land but were forced to purchase land from the Delaware Nation on December 14, 1843, said purchase being ratified by Congress ; Therefore, in order to settle the claim against the United States the following treaty is agreed to: The Wyandottes relinquish all claim to 148,000 acres of land to be given them under the treaty of March 17, 1842, and receive in lieu thereof $185,000 ; $100,000 to be invested at 5 per cent., interest to be paid at the time and in the manner of their present annuities, and $85,000 to enable them to extinguish their just debts, including that due the Delawares for the purchase of their land. (Art. 1.) Seasonable ex penses connected with this treaty to be paid by the United States. Amended September 24, 1850 ; proclaimed September 30, 1850. 3 Treaty with the Wyandottes, made at Washington, January 31, 1855. At the ratification of this treaty Wyandottes to become citizens of the United States and to be entitled to all the rights, privileges, and immunities of such ; to be subject to laws of the United States and the Territory of Kansas. Jurisdiction of the United States and of Territory to extend over Wyandotte country, but such of said Indians who may so desire, and shall make application accordingly, shall be exempt from immediate operation of preceding provision, and shall have the as sistance and protection of the United States and Indian agent in their vicinity for such limited period as shall be determined by the Commissioner of Indian Affairs, and upon the expiration of such period they shall also become citizens of the United States. (Art. 1) Wyandottes cede all their tract purchased from the Delaware In dians for the purpose of said land being subdivided, assigned, and reconveyed by patent in fee-simple, except that portion now inclosed and used as a public burying- ground, which shall be permanently reserved for that purpose. Two acres, to include the church building of the Methodist Episcopal Church, and present burying- ground connected therewith, to be reserved and continued to that church. Two acres hereby reserved and conveyed to Methodist Episcopal Church South. Four acres adjoining Wyandotte Ferry near the mouth of the Kansas reser ved,1 ogether wi th rights in said ferry to be sold to the highest bidder among the Wyandotte people. Proceeds to be paid to Wyandottes. Upon payment, patent to be conveyed from the United States. (Art. 2.) Land to be surveyed. Three commissioners appointed; one by United States, two by Wyandotte council, and the land to be assigned to individual members. Land to be as nearly as possible equal in quantity anid value irrespective"^ improvements. Assignments to include the houses, aaid as far as practicable, the im- 1 United States Statutes at Large, Vol. IX, p. 337. " Ibid., p. 987. INDIAN TERRITORY - SAC AND FOX AGENCY. 367 provements of each person or family. Full report and plat aud schedule to be made, showing land assigned to each individual and quantity thereof, and also a list of members oft ho tribe, to exhibit, first,, heads of families whom the commissioner con siders competent to control and manage their own affairs, also such persons without families; second, those not competent; third, orphans, idiots, and insane. Council to appoint a proper person or persons to be representatives of those of the second class, and also guardians for the third class. Said appointments to be revised annually by the council. Also a list of persons applying to be temporarily exempted from citizen ship. Said lists and action of the council to be filed with the Commissioner of Indian Affairs, and attested copies to be tiled in the office of the secretary of Kansas, and clerk of county in which Wyaudotte lands are situated. (Art. 3.) Patents in fee to be issued to those of the first class ; to those of the second with a restriction upon sale for five years, and not tlien without the consent of the President. Said patents may be withheld so long as commissioner may deem it beneficial for the individual. None of the lands thus assigned and patented to be subject to taxation for five years from and after the organization of State government. Those of the incompetent class not to be alienated or leased for period longer than two years, and to bo exempt from levy, sale, or forfeiture until otherwise provided by State legislation with the assent of Congress. (Art. 4. ) Three persons appointed to appraise i mpro venients belonging to the Methodist Episcopal Church South. Amount of appraisements to bo paid said church by the individual to whom the lands having said houses or improvements have been assigned. Until payments made no patents or evidence of title to be issued. (Art. 5.) Wyandottes release the United States from all claims to annuities and school money, blacksmith, agent, and other assistants and material. In considera tion of which the United States pays $380,000, to be equally distributed in three in stallments, commencing October, 1855. Such annuities as have accrued and remain unpaid at the time of the payment of the first installment to be paid and considered as a final discharge of said annuity. (Art. 6.) The invested sum of $480,000 by treaty of 1850 to be paid in two equal annual installments, commencing after the payment of the last installment as provided in article 6. Meanwhile interest, together with sum realized from ferry, to be used for support of schools. (Art. 7. ) Persons included in the apportionment of lands or money to be actual members of Wyandotte Nation, or legal heirs and representatives according to the laws, usages, and customs thereof at the time of the ratification of this treaty. (Art. 8.) Grantees under former treaty of 1842 permitted to select lands west of Missouri and Iowa subject to pre-emption and settlement. Such selections to be patented with unrestricted rights. For those incapable of managing their own affairs, council to appoint guardians with full au thority to make and execute a good and valid title. (Art. 9.) Ail expenses connected with the provisions of this treaty, except the survey and issue of patents, to be borne by Wyandottes. (Art. 10.) Treaty binding when ratified. (Art. 11.) Proclaimed March 1, 1855. 1 Treaty with the Wyandottes and other tribes, made at Washington, February 23, 1867. See Kaskaskia treaty, same date Indian Territory. (See United States Statutes, Vol. XV, p. 513.) SAC AND Fox AGENCY. [Post-ofiioo address: Sac and Fox Agency, Ind. T.] AND FOX RESERVATION. How established. By treaty of February 18, 1867. Area and survey. Contains 479,667 acres. 2 Tillable acres not re ported. Surveyed.. 2 2 United States Statutes at Large, Vol. X, p. 1159. 3 Report of Indian Commis sioner, 1S84, p. 259. 368 INDIAN EDUCATION AND CIVILIZATION. Acres cultivated. Not reported separately from the agency. Tribes and population. The tribes living here are the Otoe, Ottawa, Sac and Fox of the Missouri and of the Mississippi (including Moko- hoko's band). Total population, 1,02s. 1 Location. The reservation of the Sacs and Foxes of the Mississippi embraces about 750 square miles. About 10 per cent, is agricultural; the remaining 90 per cent, is rolling, with a considerable quantity of scrubby timber, mostly jack and post-oak, very- much of which is fit for nothing but fire- wood. This land is fairly watered and affords good summer grazing; the winter grasses are limited, hardly sufficient to support the stock. 2 Government rations. ISTone issued. Mills and Indian employes. One mill. Indian employes not reported. Indian police. Not reported. Indian court of offences. Established. Schojl population, attendance, and support. School population as estimated in 1886 3 115 Boarding-school accommodations 50 Average attendance 25 Boarding-school, cost to Government 3 $4,038.97 In session (months) 10 SYNOPSIS OF SAC AND FOX TREATIES. Treaty with Sao Nation and other tribes made at Fort Harmer, January 9, 1789. 4 See Chippewa treaty, January 9, 1789, page 421. Treaty ivith the United Sac and Fox, made at St. Louis, November 3, 1804. Protection of the United States acknowledged. (Art, 1.) Indians cede land from point on Missouri opposite the Gasconade River to 30 miles from the mouth of the Jeftreron River ; thence to the Mississippi ; thence to the mouth of the Wisconsin, up the same 36 miles ; thence to Lake Sakaegan ; thence down Fox River to the Illinois, and thence down to the Mississippi. (Art. 2.) The sum of $2,234.50 in presents. Goods to be delivered annually to the amount of $1,000 ; $800 to Sacs, $400 to Foxes. (Art. 3.) United States will never interrupt tribes in the possession of lauds right fully claimed, and will protect them in the enjoyment of the same against all persons who may intrude thereon. Tribe not to sell land to others than the United States. (Art. 4.) Offenders on both sides to be punished according to law. Stolen property restored to owners and full indemnification upon proof granted to Indians for prop erty stolen from them. (Art. 5.) Intruders to be removed from Indian lands. (Art. 6.) Tribes to hunt on ceded land so long as it belongs to the Government. (Art. 7.) No traders but those authorized by the United States permitted. (Art. 8.) United States to establish a trading-house. (Art. 9.) Sac and Fox to cease war with the Osage. (Art. 10.) Two square miles for a fort granted on the upper side of Wiscon sin or right bank of Mississippi. (Art. 11.) Treaty binding when ratified. (Art. 12.) Additional article : Spanish grants known and recognized by the tribes not af fected by this treaty. Proclaimed February 21, 1805. 5 1 Report of Indian Commissioner, 1834, p. 290. 2 Ibid., p. 93. 3 Ibid., 1886, p. xcii. * United States Statutes at Large, Vol. VII, p. 28. 5 Ibid., p. 84. INDIAN TERRITORY SAC AND FOX AGENCY. 369 Treaty with certain peaceful bands of the Sac Nation on ihe Missouri, made at Portage Des Sioux, September 13, 1815. Sac of Missouri assent to preceding treaty. (Art. 1.) United States agrees to fur nish a just proportion of annuity. (Art. 3.) Indians agree to hold no intercourse with hostile Sac of Rock River. (Art. 2.) Ratified December 26, 1815. * Treaty with the Fox Nation, made at Portage Des Sioux, September 14, 1815. Injuries mutually forgiven. (Art. 1.) Peace between all individuals of Fox Na tion. (Art. 2.) Prisoners on both sides released. (Art. 3.) Treaty of November 3, 1804, agreed to. (Art. 4.) Ratified December 26, 1815. 2 Treaty ivith the Sac Indians of Rock Eiver, made at Saint Louis, May 13, 1816. In pursuance of the ninth article of treaty of Ghent, for the putting an end to hos tilities with Indian tribes, and restoring them their footing before the war. Sac of Rock River confirm treaty of November 3, 1804. (Art. 1.) United Statesto put them on ante-bellum footing upon delivery of stolen property. (Art. 2.) Annu ities to be withheld from those failing to comply. (Art. 3.) Treaty binding when, ratified. (Art. 4.) Proclaimed December 13, 1816. 3 Treaty with the United Sac and Fox Indians, made at Fort Armstrong, Bock Island, III., September 3, 1822. Indians release the United States from maintaining trading-house as provided im treaty of November 3, 1804. Proclaimed February 13, 1823. 4 Treaty with the Sac and Fox Indians, made at Washington, August 4, 1824. Indians cede land lying in the State of Missouri from a line running from the Kan sas River 100 miles north to northwest corner of State of Missouri, and thence east to Mississippi. Small tract between the Des Moines and Mississippi intended for half- breeds of Sac and Fox Nation. (Art. 1.) Indians not to hunt or settle on ceded land. (Art. 2.) The sum of $1,000 down, in cash or merchandise, and $1,000 annually for ten years. (Art. 3.) Stock, agricultural implements, and blacksmith furnished as long as President thinks proper. (Art. 4.) Annuities paid in cash, merchandise, or stock. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed January 18, 1825. 5 See article 10, treaty with Sioux and other tribes, August 19, 1825, page -63. Treaty with the confederated Sac and Fox and other Indians, made at Prairie des Chiens August 19, 1825. Proclaimed February 6, 1826. 6 See Sioux treaty, August 19, 1825, page 263. Treaty with the confederated Sac and Fox and other Indians, made at Prairie Du Chien, July 15, 1830. Proclaimed February 24, 1831. 7 See Sioux treaty, July 15, 1830, page 265. 1 United States Statutes at Large, Vol. VII, p. 134. *Ibid., p. 135. 3 /feid.,p.l41. *Ibid., p. 223. 5 Ibid., p. 229. Ibid., p. 272. 7 Ibid., p. 328. S. Ex. 95 24 370 INDIAN EDUCATION AND CIVILIZATION. Treaty with the confederated Sac and Fox and other tribes, made at Fort Armstrong, III., September 21, 1832. Indians cede the land lying between the Bed Cedar, the Iowa, and the Mississippi Rivers, as part indemnification for war just closed. (Art. 1.) Tract 400 miles square set apart by President as a reservation on the Iowa River. (Art. 2.) The sum of $20,000 in specie for thirty years. (Art. 3. ) Gun and blacksmith shops for thirty years, also 40 kegs of tobacco and 40 barrels of salt. (Art. 4.) Forty thousand dol lars debts to traders provided for. (Art. 5.) Private grants. (Art. 6.) Prisoners to be delivered up by the United States, except Black Hawk and two sons and four other chiefs, to be held as hostages during the pleasure of the President. (Art. 7.) Hostile bauds to be divided among neutral bands according to blood. (Art. 8.) Peace and friendship restored. (Art. 9.) Subsistence furnished to widows and orphans of warriors killed in the late war. (Art. 10.) Present made for finding mines. (Art. 11.) Treaty binding when ratified. (Art. 12.) Proclaimed February 13, 1833. l Treaty with the Sac and Fox Indians of the Missouri, made at Fort Leavemvorth, Septem ber 17, 1836. Proclaimed February 15, 1837. 2 See Iowa treaty, September 17, 1836, page 479. Treaty ivith the Sac and Fox Indians, September 27, 1836. They cede their right to land lying between the State of Missouri and Missouri River. Proclaimed February 15, 1837. 3 Treaty with the confederated Sac and Fox Indians, made at Dubuque, September 28, 1836. Indians cede four hundred sections of laud set apart by article 2, treaty of Septem ber 21, 1832. (Art. 1.) The sum of $30,000 to be paid the following year ; $10,000 for ten years succeeding; $48, 458. 87- provided for debts. (Art. 2.) Nine thousand three hundred and forty-one dollars to be expended for horses. (Art. 3.) Tracts set apart for half-breeds. (Art. 4.) Provision for orphan children. (Art. 5.) Indians to remove within two months and not to hunt or fish within ceded territory. (Art. 6.) lowas claiming a portion of this land; their claim to be investigated. (Art. 7.) Treaty binding when ratified. (Art. 6.) Proclaimed February 27, 1837. 4 Treaty with the Confederated Sac and Fox Indians, made at Washington, October 21, 1837. Indians cede 1,250,000 acres lying just adjoining tract conveyed to them September 21, 1832. Also all interest in land ceded by confederated tribes on July 15, 1830. (Art. 1.) Ceded land to be surveyed at expense of United States. Sum of $100,000 set apart for debts, $'28,500 in goods. Sum of $10,000 to erect a grist-mill and support millers for five years. Sum of $24,000 for breaking land, etc. Sum of $2,000 for five years for farmers; horses and presents, $4,500, $1,000 of which for stipulation of blacksmith, treaty 1832. Two hundred thousand dollars invested at 5 per cent., to be expended under the direction of the President. (Art. 2.) Two blacksmiths to be maintained. (Art. 3.) Indians to remove from ceded tract, except Keoktik village ; possession there for two years. (Art. 5.) United States to pay expense of treaty. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed February 21, 1838. 5 1 United States Statutes at Large, Vol. VII, p. 374. 3 Ibid., p. 511. *Ibid., p. 516. * Ibid., y. 517. 5 Ibid., p. 540. INDIAN TERRITORY SAC AND FOX AGENCY. 371 Treaty with the Sac and Fox of the Missouri, made at Washington, October 21, 1837. Indians cede all country between the Missouri and Mississippi Rivers, all rights to hunt, and all claims in treaties of November 3, 1804 ; August 4, 1824 ; July 15, 1830 ; and September 17, 1836. (Art. 1.) Sum of $160,000 payment, $157,400 of which to be invested at 5 per cent. Two thousand five hundred dollars presents of merchan dise; $100 to interpreter. Blacksmith, farmer, and teacher to be provided at the dis cretion of the President and paid out of interest money. (Art. 2.) Expenses borne by United States. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed February 21, 1838. l Treaty with the Confederated Sao and Fox Indians, made at Sac and Fox Agency in Iowa, October 11, 1842. Indians cede all land west of Mississippi, and reserving the right to occupy for three years tract on the Des Moines. (Art. 1.) The sum of $800,000 at 5 per cent, and payment of debts amounting to $258,566.34, according to schedule. President to assign a tract of land suitable for a permanent residence on the Missouri or some of its waters. Blacksmiths provided, one for Sac, one for Fox. Boundary on the Des Moines to be run. (Art. 2.) Indians to remove by or before three years to the tract on the Missouri. If they should remain longer to bear their own. expense of removal. United States to furnish one year's subsistence. (Art. 3.) The sum of $500 annually paid out of annuities to chiefs. (Art. 4.) Sum of $30,000 to be annually retained for care of poor of Sac and Fox. (Art. 5.) Part of annuity money may be set aside for agricultural purposes. (Arts. 6 and 7. ) Section granted to widow of General J. M. Street to include grave of their chief, and agency buildings. (Art. 8.) Treaty bind ing when ratified. (Art. 9.) Proclaimed March 23, 1843. 2 Treaty with the Sac and Fox Indians of Missouri, made at the city of Washington, May 18, 1854. Indians cede all their reservation set apart by treaty of September 27, 1836, except fifty sections, if they can be found within the western part of the reservation. Selec tion must be made within six months, and description transmitted in manner de scribed. (Art. 1.) The sum of $48,000 to be paid as stipulated within four years. (Art. 2.) Reservation to be surveyed and allotted in severalty, and patented under regulations and restrictions as Congress may prescribe. (Art. 3.) Site of their pres ent farm and mill to be retained for two years. (Art. 4.) One hundred and sixty acres patented to Presbyteriau Board of Foreign Missions. (Art. 5.) United States released from all demands under previous treaties, and to remove themselves, in con sideration of which United States to pay the sum of $5,000. (Art. 6.) Interest on fund provided in treaty of October 21, 1837, to be expended under the direction of the President. (Art. 7.) Tribal money not be taken for private debts. (Art. 8.) Right to roads and highways same as through lands of citizens. (Art. 9.) Introduction of intoxicating liquors to be prevented ; Indians to keep peace. (Art. 10.) President of Senate may adopt such policy in the management of the affairs of Indians as deemed best. (Art. 11.) Treaty binding when ratified. (Art. 12.) Proclaimed July 17, 1854. 3 Treaty with the Confederated Sac and Fox of the Mississippi, made at Sac and Fox Agency, October 1, 1859. One hundred and fifty-three thousand six hundred acres of their present reserva tion set apart. (Art. 1.) Land assigned in severalty. Eighty acres to each person, 160 acres for the agency, and same for the schools. Allotments to be made in a body, ! United States Statutes at Large, Vol. VII, p. 543. *Ibid., p. 596. *Ibid., Vol. X, p. 1074. 372 INDIAN EDUCATION AND CIVILIZATION. so as to present a well-defined boundary. Intermediate portions to be held in com mon. No intruders allowed. Certificates to allotments to be issued by Indian Com missioner. (Art. 2.) Remainder of reservation to be sold after being surveyed- (Art. 3.) Improvements to be appraised. Any surplus lying between the boundary of the land sold and the reservation set apart may be surveyed and sold. (Art. 4.) Debts to be paid out of proceeds of sale. (Art. 5.) If amount be insufficient, the balance to be taken from moneys accruing from former treaties. (Art. 6.) That all members of the tribe may share in the provisions of this treaty, absentees to return within one year. (Art. 7.) Expenses of the treaty to be paid by Indians. (Art. 8.) Right of way of roads same as through lauds of citizens. (Art. 9.) Provision for half-breeds. (Art. 10.) Any funds heretofore held to be paid. (Art. 11.) Treaty binding when ratified. (Art. 12.) Proclaimed July 9, I860. 1 Treaty with the Sac and Fox of Missouri and Iowa tribes, made at Great Nemaha Agency, Nebraska, March 6, 1861. See Iowa treaty, same date. (United States Statutes at Large, Vol. XII, p. 1171.) Treaty with the Sac and Fox of the Mississippi, made at Washington, February 18, 1867. Indians cede to the United States the unsold portion, to be offered for sale accord ing to treaty October 1, 1859, together with the improvements thereon. (Arts. 1 and 2. ) United States to pay at the rate of $1 per acre for the whole amount, about 157,000 acres, also to advance $26,570 and interest for debts ; amount to be refunded from proceeds of sale. (Art. 3.) Lauds not to be occupied by settlers or used by railroad corporations until the removal of Indians by public notice. (Arts. 4 and 5.) In consid eration of improvements on ceded lands, United States agrees to give Sac and Fox 750 square miles south of Cherokee lands. Selection made by Secretary of the Interior and delegations of Indians. Boundaries of reservation surve yed at cost not to exceed $3,000. (Art. 6.) Agency buildings and dwelling-houses for chiefs to be built. (Art. 7.) Invested funds not to be used in payment of claims. (Art. 8.) Sec tion of land set apart near the agency for manual labor school, $10,000 for school building, and $5, 000 from income of funds.for support of school. (Art. 9.) Physician for five years, and $350 for tobacco and salt. (Art. 10.) Grants of land for individ uals. (Arts. 11, 12, and 13.) Sac and Fox of Missouri allowed to unite with Sac and Fox of Mississippi, upon approval of Secretary of Interior, and contribution of funds to common fund. (Art. 14.) The sum of $16,400 for stock stolen from the Sac and Fox to be paid by the United States. (Art. 15.) United States to advance $20,000 to assist Indians in removal. (Art. 16.) Certain members of the tribe entitled to selec tion to receive fee-simple patents according to schedule. (Art. 17.) Approval of the Secretary of the Interior necessary for sale of lands assigned in this treaty. (Art. 18.) Expenses of treaty borne by United States. (Art. 19.) Certain tract contain ing valuable improvements to be sold separately for the benefit of the tribe. (Art. 20.) All Sac and Fox Indians to be induced to reside on this reservation except those in State of Iowa. (Art. 21.) Amended July 25, 1868. Assented to September 2, 1868. Proclaimed October 14, 1868. 2 IOWA RESERVATION. [Post-office address : Sac and Fox Agency, Ind. T.] How established. By Executive order, August 15, 1883. Area and survey. Contains 228,418 acres. 3 Tillable acres not re ported. Surveyed. 4 1 United States Statutes at Large, Vol. XV, p. 467. * Ibid., p. 495. 3 Report of Indian Commissioner, 1884, p. 258. 4 Ibid. } p. 259. INDIAN TERRITORY SAC AND FOX AGENCY. 373 Acres cultivated. Not reported separately from agency report of all the reservations. Tribes and population. The tribes living here are the Iowa and Ton- kawa. lowas number eighty-four. 1 Location. The reservation lies between the Cimarron Eiver on the north, Deep Fork Canadian Eiver on the south, Sac and Fox Eeserve on the east, and Indian meridian on the west. 2 The soil is sandy, grass grows fairly, so that in summer there is grazing. One-third of the res ervation is timbered, and about 7 per cent, arable land. Government rations. None issued. Mills and Indian employes. Not reported. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support. School population, as es timated in 1886, 21. No separate school reported. Executive order. 3 AUGUST 15, 1883. It is hereby ordered that the following-described tract of country in the Indian Territory, viz : Commencing at the point where the Deep Fork of the Canadian River intersects the west boundary of the Sac and Fox Reservation ; thence north along said west boundary to the south bank of the Cimarron River ; thence up said Cimar ron River to the Indian meridian ; thence south along said Indian meridian to the Deep Fork of the Canadian River ; thence down said Deep Fork to the place of be ginning, be, and the same hereby is, set apart for the permanent use and occupation of the Iowa and such other Indians as the Secretary of the Interior may see fit to locate thereon. CHESTER A. ARTHUR. For treaties relating to lowas, see Iowa treaties Kansas. KICKAPOO RESERVATION. How established. By Executive order August 15, 1883. Area and survey. Contains 206,466 acres. 4 Tillable acres not re ported. Surveyed. Acres cultivated. Not reported separately. Tribes and population. The tribe living here is the Mexican Kicka- poo. Population, 326. 5 Location. The reservation is a tract of land bounded on the north by the Iowa Eeservation, on the east by that of the Sac and Fox, on the south by North Fork Canadian Eiver, on the west by the Indian merid ian ; contains about 190,000 acres, of which 25 per cent, is covered with timber, post oak and jack oak ; 65 per cent, high rolling prairie, and about 10 per cent, good agricultural land, lying mostly on the North Fork Canadian and its tributaries, though a portion of the upland prairie would produce fair crops. 6 Government rations. Five per cent, of these Indians subsisted by Government rations as reported in 1886. 7 1 Report of Indian Commissioner, 1886, p. 398. "Ibid., p. 144. Ibid., p. 330. . "467^68, 469, ^90, 498, 499, 500, 501, 505, 513, 514, 515. * Ibid., p. 532. *lbid., p. 1191. 380 INDIAN EDUCATION AND CIVILIZATION. Treaty ivith the Pottawatomies, made at Washington, March 29, 1866. Provisions of article of former treaty extended to adult persons without distinction of sex. Proclaimed May 5, 1866. * Treaty with the Pottawatomies, made at Washington, February 27, 1867. Delegation of Pottawatomies to accompany commission to select for the tribes in Kansas a reservation in Indian Territory not exceeding 30 miles square. Upon sur vey said tract to be patented to Pottawatomie Indians. (Art. 1.) New reservation to be purchased from money derived from the sale of lands to railroad nnder treaty November 15, 1861. Prairie band to have no interest in reservation, but in lieu to receive pro rata share of proceeds of sale in money. Atchison, Topeka, and Santa F6 Railroad may purchase unsold lands at $1 per acre. Payment within live years as provided. (Art. 2.) New reservation never to be included in* any State or Territory unless Indian Territory shall be organized. (Art. 3. ) Register to be made of Indians desiring to remove and those desiring to become citizens as provided. No person to receive the proceeds of the sale of his land unless authorized by agent. (Art. 4.) Proceeds of sales to be expended for benefit of owner on new reservation. (Art. 5.) Provisions for citizenship re-affirmed. (Art. 6.) Allottees to have benefit of probate court. (Art. 8.) Amounts due Pottawatomies to be ascertained. (Art. 9.) Report made to Congress. (Art. 10.) Lands set apart for mission schools to be granted them in fee- simple, and purchase of certain lands by individuals authorized. (Art. 11.) Provisions of this treaty not to interfere with members holding their land in com mon. (Art. 12.) Inconsistent provisions of former treaties to be void. (Art. 13.) Ex pense of treaty to be paid by United States. (Art. 14.) Proclaimed August 7, 1868. 2 An act to provide homes for Pottawatomies and absentee Shawnees in the Indian Territory, May 23, 1872. Citizen band of Pottawatomies. Secretary of the Interior authorized to issue cer tificates of allotment to land lying within the 30-mile square tract heretofore selected for Pottawatomie Indiaus next west of Seminole Reservation. To each member of citizen band of Pottawatomie Indiaus, the head of a family or person over twenty-one years of age, 160 acres granted ; to minors, 80 acres. Land to include improvements made by individuals. Certificates to individuals allotted. Land for exclusive use of assignees and their heirs. Until otherwise provided by law it shall be exempt from levy or sale and alienable or leased only to United States or Indians lawfully residing within said territory. Such allotments to be made to persons who have resided or shall hereafter reside three years continuously on such reservation. The cost of such lands to the United States to be paid from any fund held for benefit of such Indians and charged as their distributed share, or shall be paid for by said Indians before such certificates are issued. Said Indians shall neither acquire nor exercise under the laws of the United States any rights or privileges in said Indian Territory other than those enjoyed by the members of Indian tribes lawfully residing there. Indians may enforce tribal usages not inconsistent with the laws of the United States for the preservation of rights of person and property and shall be entitled to representation in the territorial council and subject to their laws. (Sec. 1.) Absentee Shawnees. Upon the satisfaction of the Secretary of the Interior any pure or mixed-blood absentee Shawnee, the head of a family or over twenty-one years of age, who has resided continuously for three years within the 30-mile tract before mentioned and made improvements thereon, shall receive a certificate of allotment for 80 acres, to include his or her improvements, and an additional 20 acres for each minor child belonging to the said family. Certificate issued with the same provisions as in preceding section. (Sec. 2.) 3 1 United States Statutes at LargeVoxiV, p . 763. md., Vol. XV, p. 531. 3 H>id., Vol. XVII, p. 159. INDIAN TERRITORY UNION AGENCY. 381 UNION AGENCY. [Post-office address : Muskogee, Ind. T. J CHEROKEE RESERVATION. How established. By treaties of February 14, 1833, of December 29, 1835, and of July 19, 1866. Area and survey. Contains 5,031,353 acres, of which 2,500,000 are classed as tillable. 1 Outboundaries surveyed.* Acres cultivated.- Not reported separately in 1886. Tribes anl population. The tribe living here is the Cherokee. Pop ulation, 22,000. 3 Location. See treaties for location. The five civilized tribes, although under ah agent, are not under an agency organ ization such as is common to other reservations. The governments of the Five Nations are similar to the government of the State of Mississippi. Their constitution is based on that of the United States. The laws are "fitted to the condition of the people, and are affected to some extent by their ancient customs." " The treaties of the United States are declared the supreme law of the land, and the intercourse laws in pursuance thereof paramount." "Religious and political tolerance is secured, and the rights of person, property, and reputation pro tected." The title of the land is vested in the nation, and the citizen has the " inde feasible right" to occupy and control what he wishes to cultivate. The government is divided into the executive, judicial, and legislative departments. The head of the executive division is called the principal chief. He has an advi sory council of three selected by the national council, beside his secretaries. In this office are kept the archives of the nation. All warrants on the public treasury are drawn by the principal chief. The treasurer is a bonded officer, and is the custodian and disburser of the national funds, upon lawful warrants and appropriations. He has a salaried secretary. The executive department has also an auditor who super vises the accounts of the nation in its internal management* The judicial department of the Cherokee Nation is composed of a district court for each of the nine political districts, with probate jurisdiction and original and exclu sive jurisdiction over certain minor civil cases and misdemeanors, with right of ap peal to circuit court, which meets semi-annually in each district. The circuit court has original jurisdiction over civil cases exceeding $100 in value, and in felony cases. The right of appeal lies from the circuit court to the supreme court of the Cherokee Nation. In cases involving the death penalty one of the justices of the supreme court presides. The supreme court is composed of a chief -justice and two associate jus tices. It is a court of appeals, and with original jurisdiction in murder and treason cases. It provides rules and regulations, and its decisions govern the lower court. Each of the nine political districts has its sheriff and subordinate officers, who keep records of the court meetings, all probate matter, transfers of property, permits granted United States citizens, brands of cattle, and other public matters. Each dis trict has also its prosecuting attorney. The legislative department is the " national council," composed of a senate and house, the latter called the " council." Senators and representatives are elected by the people, every man over eighteen having a vote, and voting viva voce. There are two clerks and two judges at each election precinct, one of each from the two rival parties, and they record the voter's choice in his presence. 4 Education. School population estimated at 4,660. The schools are under a board of education. The orphan asylum averages 150 children, and costs the nation $19,080.92. 1 Report of Indian Commissioner, 1884, p. 308. 2 Ibid., p. 259. 3 Ibid., 1886, p. 398. < Ibid., pp. 146-161. 382 INDIAN EDUCATION AND CIVILIZATION. Male seminary accommodation, 150 ; average attendance, 140. Cost to the nation, $16,696.25. Female seminary accommodation, 150; cost $15,838.10. One hundred public schools scattered over the district in proportion to population, the neighborhoods furnishing the houses. Maximum number of pupils allowed in one school, 35. Maximum salary, $50 per mouth. Cost of these schools, $36,082.65. Total cost to nation for education, $87,497.92. Besides these public schools are the following r 1 Worcester Academy, Vinita, accommodation 150 Baptist mission, Tahlequah. accommodation 75 Presbyterian mission, Tahlequah, accommodation 60 Moravian mission, Oaks, accommodation Presbyterian mission , Guilder's station, accommodation 50 Episcopalian school, Prairie City, accommodation 40 Presbyterian school, Locust Grove, accommodation 50 Besides others not reported. Aggregate attendance 4,091 ; average attendance 2,516. SYNOPSIS OF CHEROKEE TREATIES. Treaty made at Hopewell, on the Keowee River, November 28, 1785. Indians restore all prisoners and property. (Art. 1.) United States to restore prisoners. (Art. 2.) Acknowledge supremacy of United States. (Art. 3.) Boundary line of hunting grounds defined from mouth of Duck River northeast to Cumberland, 40 miles above Nashville, thence to the mountains of North Carolina and Georgia (Art. 4), on which no citizen is to settle. (Art. 5.) Indians agree to deliver up criminals. (Art. 6.) Citizens to be punished for offenses against the Indians. (Art. 7.) Retaliation pro hibited. (Art. 8.) United States to regulate trade. (Art. 9.) Citizens permitted to trade pending legislation. (Art. 10.) Indians to give notice of any design against the Govern ment. (Art. 11.) May send a deputy to Congress. (Art. 12.) Peace established. (Art. 13. ) 2 Treaty made on the Holston Elver, July 2, 1791. Perpetual peace (Art. 1) and protection of the United States acknowledged. (Art. 2.) Prisoners to be restored. (Art. 3.) Boundaries of hunting grounds to bo marked, and all land to the right of line ceded ; as payment, presents to be delivered and f 1,000 paid annually. (Art. 4.) Construction of road to the Mero district and navi gation of Tennessee River agreed to. (Art. 5.) United States to have sole right of trade. (Art. 6.) Uuceded lauds solemnly guarantied. (Art. 7.) No citizen to set tle on Cherokee land (Art. 8) or to hunt. (Art. 9.) Indians to deliver up criminals. (Art. 10.) Citizens committing crimes in Indian Territory to be punished. (Art. 11.) Retaliation restrained. (Art. 12.) Notices to be given of designs against Govern ment. (Art. 13.) United States to furnish implements of husbandry, and interpreters. (Art. 14.) Animosities to cease. ( Arfc. 15. ) Treaty binding when ratified. (Art. 16. ) Proclaimed February 7, 1792. 3 Additional Article, February 17, 1792, payment increased to $1,500 annually. (See Art. 4.) Proclaimed February 17, 1792. * Treaty made on the Holston River, June 26, 1794. Preceding treaty not having been carried into execution hereby declared binding. (Art. 1.) Boundaries of Cherokee lauds to be marked. (Art. 2.) In lieu of other 1 Report of Indian Commissioner, 1886, pp. Ixxi-lxxii. 3 United States Statutes at Large, Vol. VII, p. 18. 3 Ibid., p. 39. < Ibid., p. 42. INDIAN TERRITORY UNION AGENCY. 383 payments, the sum of $5,000 to be paid yearly. (Art. 3.) For every horse stolen by a Cherokee and not returned within three months, the sum of $50 to be deducted from annuity. (Art. 4.) Treaty binding when ratified. (Arc. 5.) Proclaimed January 21, 1795. 1 Treat}/ made at Tellico, October 2, 1798. By the delay in marking boundaries until 1797 divers citizens settled upon Indian lands and were removed by authority of the United States ; to remedy this trouble, fol lowing treaty made: Peace continued. (Art. 1.) Existing treaties to operate. (Art. 2.) Boundaries to remain, except as altered by the present treaty. (Art. 3.) Cession of territory along the Tennessee and Clinch Rivers. (Art. 4.) Boundary line to be run by two commissioners, one of whom shall be appointed by the Cherokees. (Art. 5.) Addi tional annuity of $1,000 annually, and present of $5,000 in goods, and continue the guaranty of the remainder of their country forever. (Art. 6.) Kentucky road through Cumberland Mountains to be free, and Indians to hunt on ceded laud until it is settled. (Arc. 7.) Notice of delivery of annuities to be given. (Art. 8.) The sum of $60 to be paid for horses stolen by citizens or Indians. (Art. 9. ) Ground given for agency. (Art. 10. ) 3 Treaty made at Tellico, October 24, 1804. Cession of lands of Whafford's settlement in Georgia, (Art. 1.) Five thousand dollars in presents and $1,000 in goods to be paid annually. (Art. 2.) Proclaimed May 17, 1824. 3 Treaty made at Tellico, October 25, 1805. Provisions for peace in former treaties recognized. (Art, I.) Cessions ou Duck, Clinch, and Tennessee Rivers. Garrison and factory at Tellico removed to Tennessee River, opposite month of Hiwasa. Three square miles there reserved. (Art. 2.) Fourteen thousand dollars in merchandise and an annuity of 3,000 to be paid. (Art. 3.) The road into Georgia and that to the settlements of the Tornbigbee to be free. (Art. 4.) Treaty binding when ratified. (Art. 5.) Proclaimed April 24, 1806. 4 Treaty made at Tellico, October 27, 1805. Cession of land about Kingston and first island in Tennessee River above mouth of Clinch. (Art. 1.) Mail route from Knoxville to New Orleans to be free. (Art. 2.) One thousand six hundred dollars in money and merchandise to be paid. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed June 10, 1806. 5 Treaty made at Washington, January 7, 1806. Cession of country between Tennessee and headwaters of Duck River, except two tracts north of Tennessee River herein described, and other lands, and Long Island in Holston River. (Art. 1.) United States to pay $2,000 in presents, $2.000 for four years. Grist-mill and cotton-gin to be built, and Chief Black Fox to be paid $100 annually during his life. (Art. 2.) Boundaries between Cherokees and Chiekasaws to be established. (Art. 3.) Claims of Chickasaws to laud reserved north of Ten nessee to be settled by United States. (Art. 4.) Proclaimed May 23, 1807. e 1 United States Statutes at Large, Vol. VII, p. 43. 3 Ibid., p. 62. 3 Ibid., p. 228. *lbid., p. 93. 6 Ibid., p. 95. 6 Ibid., p. 101. 384 INDIAN EDUCATION AND CIVILIZATION. Treaty made at Chickasaw Island, September 11, 1807. Eastern limits of cessions of preceding treaty fully defined. Proclaimed April 22, 1808.' Treaty made at Washington, March 22, 1816. Cessions to South Carolina between Chattnga River and boundary between North and South Carolina. (Art. 1.) United States guaranties payment by South Caro lina of $5,000. (Art. 2.) Ratified April 8, 1816. 3 Treaty made at Washington, March 22, 1816. Boundary line between Creek cessions of August 9, 1814, and Cherokee -lands west ot'Coosa to be defined. (Art. 1.) United States to have right of opening and using roads north of aforesaid line through Cherokee country for intercourse between Ten nessee. Georgia, uud Mississippi. Cherokees to establish and keep ferries and public houses for the accommodation of citizens. (Art. 2.) Two Cherokee commissioners to assist in running boundary line of Creek cessions. (Art. 3.) Commission to lay out roads, one to be a Cherokee. (Art. 4.) The sum of $25,500 indemnity for damage by United States troops to be paid. (Art. 5.) Ratified April 8, 1816.3 Treaty made at Turkey Town, September 14, 1816. Peace confirmed. (Art, 1.) Western boundary established from Tennessee River, opposite Chickasaw Island, along ridge between Tennessee and Tombigbee Rivers, southeast and along Coosa River. (Art. 2.) All lands west and south of the line ceded. The sum of $5,000 paid, and $6,000 annually for ten years. (Art. 3.) Bound ary line to be marked. (Art. 4.) Council to be held for ratification of treaty. (Art. 5.) Proclaimed December 30, 1816. 4 Treaty made at the Cherokee Agency, July 8, 1817. Whereas in 1808 a deputation from the upper and lower Cherokee towns represented to the President that the Indians of the upper town desired to contract their limits and to establish a regular government, and requested a dividing line to be drawn be tween the upper and lower town, so as to include the Hiwasee to the upper town. The lower town Cherokees desired to continue their hunter life and to remove beyond the Mississippi. The President, January 9, 1809, permitted an exploring party to go to the Arkansas and White Rivers to seek a country not occupied by other Indians. Said party having found a territory, send on their agents to notify President and relinquish to United States the land they had left. In order to secure equal distribution of an nuities the following treaty was made : Cessions of land in Georgia claimed by portion of Cherokees. now west of the Mis sissippi. (Art. 1.) The whole Cherokee Nation cede a tract herein described north of the Tennessee River (Art. 2), and also tracts reserved to individuals in the treaty of January 7, 1806. (Art. 10.) Census to be taken of those desiring to remove west of the Mississippi and of those desiring to remain east. (Art. 3.) Annuities to be divided proportionately between the two parties, and lands to be apportioned, that belonging to party going west to be ceded to the United States. (Art. 4.) United States to cede to the Cherokees upon the Arkansas and White Rivers the amount, acre for acre, of lands received by this treaty from them. All former treaties to remain in force with both parts of nation. (Art. 5.) Warriors to receive one gun and ammuni tion, one blanket, one brass kettle or beaver trap. Flat-bottomed boats and provisions 1 United States Statutes at Large, Vol. VII, p. 103. *Ibid., p. 138. *lbid., p. 139. *ltid.,p. 148. INDIAN TERRITORY UNION AGENCY. 385 furnished on the Tennessee to emigrants. Those leaving improvements to receive full compensation for same. (Art. 6.) Improvements on ceded lands to be paid for or equal improvements made on new lands or the rental of improved lands applied to the care of the poor and decrepit remaining east of the Mississippi. (Art. 7. ) To each head of a family desiring to become a citizen, 640 acres as a life estate. Reversion in fee-simple to children, the widow having her dower. In case such heads of families re move, land reverts to United States. Amount of land so reserved to be deducted from pands ceded in articles 1 and 2 given on the Arkansas. (Art. 8.) Free navigation of waters assured. (Art. 9.) United States to mark boundary of all ceded and guar antied lands. (Art. 11.) No intruders on ceded lands until treaty ratified. (Art. 12.) Treaty binding when ratified. (Art. 13.) Proclaimed December 26, 1817. 1 Treaty made at Washington, February 27, 1819. Greater part of Cherokee Nation having expressed a desire to remain east of Mis sissippi, they cede to the United States tracts of land along the Tennessee and its trib utaries. The reservation contained in article 2 of the treaty of October 25, 1805, and a tract equal to 12 square miles, herein defined, are ceded to the United States in trust for the Cherokee Nation as a school fund. It is agreed that the lands hereby ceded are in full satisfaction on account of the cessions to the Cherokees who have or may emi grate to the Arkansas. (Art. 1.) Improvements on ceded lands to be paid for, and any head of a family choosing to become a citizen of the United States to be allowed 640 acres in the ceded territory. (Art. 2.) To all persons whose names are upon the certified list of this treaty, 640 acres, including improvements, shall be given in fee- simple: Provided, They shall, within six months after the ratification of this treaty, notify the Cherokee agent of their intention to remain on the land. Also lands to ten persons as designated in said article. (Art. 3. ) School fund provided as in article 1 to be invested in United States stocks, the interest to be applied under the direction of the President for education among the Cherokees east of the Mississippi River. (Art. 4.) Boundary lines to be run by commissioners. White intruders to be removed. (Art. 5.) Two-thirds of annuity paid to Cherokees east of Mississippi ; one-third to those west. Objection to be filed within one year. (Art. 6.) Cherokees allowed to secure crops on said lands. (Art. 7.) Treaty binding when ratified. (Art. 8.) Proclaimed March 10, 1819. 3 Treaty made at Washington, May 6, 1828. Whereas United States desires to secure to Cherokees a home guarantied forever around which the lines, or over which the .jurisdiction, of a Territory or State shall be placed, and to avoid the cost which may attend negotiations to rid Arkansas, when it may become a State, of Choctaws and Cherokees; therefore the western boundary of Arkansas to be defined. (Art. 1.) United States guaranties to Cherokees forever 7,000,000 acres of land herein described. Also perpetual outlet west and free use of country west of western boundary as far as sovereignty of United States extends, provided it shall not interfere with lands assigned to the Creek or other Indians. (Art. 2.) Boundary lines to be immediately run. (Art. 3.) Any improvements aban doned by the establishment of the lines of territory in article 1 to be paid for. The improvements connected with agency to be sold and proceeds used to erect in Chero kee country a grist and saw mill. (Art. 4.) In consideration of this second removal from lauds given by treaties of 1817 and 1819, and the reduced value of lands hereby given to Cherokees, the sum of $50,000 to be paid; $2,000 for three years for re covery of stock, $8,760 for spoliations committed on the Cherokees, $1,200 for damages to a chief, $2,000 to be expended for period often years for eductitiou, $1,000 for pur chase of printing-press. Also to refund to benevolent societies sums expended, amount to be expended for buildings on new reservation. Five hundred dollars to the 1 United States Statutes at Large, Vol. VH, p. 156. 2 Ibid. , p. 195. S. Ex. 95 25 386 INDIAN EDUCATION AND CIVILIZATION. * inventor of Cherokee alphabet for valuable saline. Thirty-five hundred dollars debts to United States trading-house remitted. (Art. 5.) United States agrees to survey the land and provide Cherokees with a set of plain laws. (Art. 6.) Cherokees to re move from Arkansas within fourteen months. (Art. 7.) To induce East Cherokees to emigrate, rifle, blanket, kettle, and 5 pounds of tobacco, to each head of family, compensation for property abandoned, transportation and support for one year, and $50 for every four persons he shall take along, provided they are from the chartered limits of Georgia. (Art. 8.) United States reserves a tract, two miles wide and six miles long, at Fort Gibson, and road through Cherokee country to reach said fort. (Art. 9. ) The sum of $500 for damages to Captain Rogers. (Art. 10. ) Treaty binding when ratified. (Art. 11.) Proclaimed May 28, 1828. 1 Treaty made at Fort Gibson, February 14, 1833. Whereas a portion of the land guarantied to the Cherokees in the treaty of 1828 had already been ceded to the Creeks in 1826, the United States guaranties 7,000,000 acres, to be bounded as described, perpetual outlet west and free use of country west as far as sovereignty of United States extends. If salt plains are discovered west, on the said outlet, other tribes shall have a right to them in common with the Cherokees. Letters patent to be issued for laud guarantied, (Art. 1.) Cherokees to relinquish to the United States all lands guarantied to them by the treaty of May 6, 1828, not contained in present limits of reservation. (Art. 2.) Article 6 of treaty of 1828 an nulled. (Art. 3.) In consideration of new boundary United States to maintain me chanic shops during discretion of President and erect six patent railway corn-mills from sales of old agency, in lieu of mills, article 4, treaty of May 6, 1828. (Art. 4.) This treaty supplementary to preceding treaty. (Art. 5.) One square mile set apart for agency. (Art. C.) Treaty binding when ratified. (Art. 7.) Proclaimed April 12, 1834. 2 Treaty made at New Ecliota, Georgia, December 29, 1835. Whereas difficulties have arisen in consequence of legislation of the States, the Cherokees cede to the United States all lauds claimed by them east of the Mississippi for $5,000,000 and all claims for spoliations to be submitted to Senate and- $300, 000 al lowed for them. (Art. 1.) Additional lands herein described west of the Mississippi conveyed in fee-simple in consideration of $500. Tracts reserved to other tribes to be excepted out of said lauds and price reduced accordingly. (Art. 2.) Military reser vation at Fort Gibson when abandoned to revert to Cherokee Nation. United States to always have the right to establish military posts and roads in Cherokee country. Land set apart by treaty of February 14, 1833, including the outlet, to be patented to Cherokee Nation. (Art. 3.) Titles to tracts of lands given to half-breeds by treaty of 1825 with O&ages to be extended /or the benefit of Cherokees. Improvements in Union and Harmony Missionary Reservations to be purchased by the United States. (Art. 4.) The lands cededjto Cherokees shall not be included, without consent of Na.tion, in any State or Territory. Cherokees to govern themselves consistently with the Con stitution of the United States and acts of Congress. Their laws not to extend to citizens and army travelling or residing in the Indian Territory. (Art. 5.) United States to protect the Cherokees from domestic strife and foreign enemies and intru sion from citizens of the United States. (Art. 6.) They shall be entitled to a dele gate in House of Representatives whenever Congress shall make provision for the the same. (Art. 7.) United States to provide steam-boats and baggage wagons for each detachment of Indians removed, and subsist them for one year after their re moval, or each member of family to receive $20 for his expenses and $33.33 in lieu of 1 United States Statutes at Large, Vol.. VII, p. 311. 2 Ibid., p. 414, INDIAN TERRITORY UNION AGENCY. ' 387 one year's rations. Any Cherokee removing within two years entitled to above. (Art. 8.) Teachers accompanying Indians entitled to same terms. Improvements on lands, ferries, etc., owned by Cherokees to be appraised; also missionary estab lishments, and the amount paid over to Indians and missionary societies. Just debts paid out of money received from improvements or claims. (Art. 9.) The following permanent funds provided: $200,000 in addition to present annuities to form a gen eral fund, interest to be applied by the council of the Nation ; $50,000 orphan fund, interest for the education of orphan children ; $150,000 in addition to present school fund, interest to be applied by the council for the support of schools. Council to re port to President, when required, on the application of these funds. Council can with draw the funds .|nd invest them as it thinks proper, by giving two years' notice and gaining consent of President and Senate. Nation to pay just debts held by citizens against Cherokees. The sum of $60,000 appropriated for this purpose, and $300,000 set apart to pay spoliations of every kind. (Art. 10.) Cherokees commute their per manent annuity of $10,000 for $214, 000 invested and added to the general fund ; present school fund of $50,000 to be part of permanent school fund. (Art. 11.) Such families as are averse to removal west of the Mississippi, and desire to reside in the States of North Carolina, Tennessee, Alabama, and are qualified to become citizens on certifi cate of commissioner, are entitled to 160 acres of land at the minimum price, to include their present improvements. Others may locate within two years on any unoccupied lands. Committee of thirteen appointed to recommend such persons and transact other business, and $100,000 given them to expend for the benefit of the poorer classes of Cherokees. (Art. 12.) All individuals to whom tracts have been ceded by pre vious treaties, said tracts having been sold by the United States, they and their heirs shall have a just claim for their value as unimproved lands. Individual Indians still possessing such lands are hereby confirmed in them. All persons entitled to tracts by the treaty of 1817 are confirmed in them. All such as were obliged by the laws of States to abandon their tracts or purchase them from the States, shall have just claim against the United States for the amount paid with interest thereon. If obliged to abandon the same they are entitled to their value as unimproved lands. Money to bo paid by the United States as a just fulfillment of former stipulations. (Art. 13.) Wounded Cherokees taking the part of the United States in the War of 1812 entitled to pensions. (Art. 14.) Any balance remaining after payment and investments herein provided to be divided among the eastern Cherokees according to census. Those having gone west since June, 1833, to be paid for their improvements at honest valuation. (Art. 15.) Indians to move within two years. United States to protect and defend them and their property meanwhile, and restore or pay damages sustained by Indians dispossessed by the State law of December 18, 1835. Buildings at New Echota to be reserved for public use. Ceded lands to be immediately surveyed. (Art. 16.) Two commissioners appointed to examine all claims under this treaty. (Art. 17.) In consequence of unsettled affairs and suffering of the people, the annui ties shall be extended in the next two years for provisions and clothing, this not to interfere with annuities due Western Cherokees. (Art 18.) Treaty binding when ratified. (Art. 19.) Proclaimed May 23, 1836. l Supplemental treaty made at New Echota, Georgia, March 1, 1836. Whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations, his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi River : All pre-emption rights to tracts provided for in Arts. 12 and 13 of the treaty of De cember 29, 1835, hereby relinquished. (Art. 1.) Referring to the Senate that spolia- 1 United States Statutes at Large, Vol. VII, p. 478. 388 INDIAN EDUCATION AND CIVILIZATION. tion claims and expenses of removal be not included in $5,000,000 allowed. (Art. 2.) Six hundred thousand dollars to include all expenses of removal and claims against the Government in lieu of said tracts and pre-emptions and of the sum of $300,000 for spoliations described in Article 1, in preceding treaty ; any surplus left from removal fund to be added to education fund. (Art. 3.) One hundred thousand dollars for the poorer classes to be added to the national fund, making it $500,000. (Art. 4.) Expenses of treaty defrayed by United States. (Art. 5.) Proclaimed May 23, 1836. ' Treaty with the principal chief and delegates appointed ~by authorities of Cherokee Nation, delegation appointed % treaty party, delegation appointed by western ttherokees or old settlers, made at Washington, August 6, 1846. Whereas difficulties have existed between portions of the Cherokee Nation, and un settled claims exist against the United States, it is therefore agreed that the lands now occupied by the Cherokee Nation shall be secured to the whole people, and a patent to it issued in accordance with previous treaties, including 800,000 acres pur chased, together with the outlet west, provided that such lands shall revert to the United States if the Indians become extinct or abandon the same. (Art. 1.) All past offenses to be pardoned and party distinctions to cease, and general amnesty declared. This amnesty to be extended to all who shall return within three months. Laws to be passed for equal protection and security of life, liberty, and property. All armed police and other military organizations to be abolished, and laws enforced by civil authority alone. United States to deliver up fugitives from justice to the Cherokee Nation for trial and punishment. (Art. 2.) Certain claims and expenses having been unjustly paid out of the fund of $5,000,000, the amount to be re-imbursed by the United States. (Art. 3.) A certain portion of Cherokees known as ''Western Cherokees" or "Old Settlers," to whom was ceded a certain tract of land by the treaty of 1833, hereby release to the United States all claim to the Cherokee lands east of the Missis sippi, and withdraw exclusive ownership of all lands ceded to them by the treaty of 1833 west of Mississippi, which lands, together with that ceded by treaty of 1835, shall remain the common property of the whole Cherokee people, provided that all invest ments and expenditures properly chargeable to the $5,600,000 be deducted, and that of the remainder a sum equal to one- third shall be distributed per capita to the ' ' Old Settlers" and "Western Cherokees." The principle above defined to embrace all Cherokees who emigrated prior to the treaty of 1835. (Art. 4.) The per capita allow ance for the Western Cherokees or "Old Settlers" to be held in trust by the Govern ment, and a committee of five from their party, together with a United States agent, shall ascertain who are entitled to it. (Art. 5. ) That portion of the Cherokees known as the "treaty party" having suffered losses by the treaty of 1835, the United States agrees to pay the sum of $115,000, as provided herein. (Art. 6. ) The value of salines, the private property of individuals of Western Cherokees, who were dispossessed of them, to be paid amounts found due and salines returned to their owners. (Art. 7. ) Two thousand dollars for printing-press, etc., destroyed; $5,000 to those whose arms were taken from them previous to removal; $20,000 in lieu of all other claims prior to treaty of 1835, except school funds. (Art. 8.) A settlement promised of moneys due the Cherokees under treaty of 1835. (Art. 9. ) Nothing in treaty to be construed as taking away or abrogating any rights or claims under treaty of 1835 of Cherokees now residing east of Mississippi. (Art. 10.) Questions pertaining to ex pense of subsistence after removal submitted to United States Senate. (Art. 11.) Treaty binding when ratified. (Art. 13.) Amended August 8, 1846; proclaimed August 17, 1846. 2 1 United States Statutes at Large, Vol. VII, p. 488. * IMd., Vol. IX, p. 871. INDIAN TERRITORY UNION AGENCY. Treaty at Washington, July 19, 1866. Treaty made between the Cherokee Nation and the Confederate States declared void. (Art. 1.) Amnesty declared for all crimes prior to July 4, 1866. (Art. 2.) Confiscation laws of Cherokees repealed and former owners restored to their rights. Purchaser of such property to be repaid by treasurer of Cherokee Nation from national funds, and cost of improvements to be fixed by commission and paid for in same manner. (Art. 3.) Cherokees and freed persons and free negroes permitted to reside in certain territory herein described, provided the amount of land be sufficient (Art. 4), and elect their local officers and delegates to general council, and control their local affairs in a manner not inconsistent with Constitution of Cherokee Nation and laws of the United States. President may suspend oppressive rules. (Art. 5.) Inhabitants of said district entitled to representation in national council, and all laws to be uniform throughout Cherokee Nation. (Art. 6.) United States court to be created in Indian Territory ; until then nearest United States district court to have jurisdiction of civil and criminal cases between persons belonging to the two districts. Distinction between districts to be abrogated by President when Nation so vote. (Art. 7.) No licenses to traders without consent of Cherokee council except in specified dis tricts Canadian, and district north of Arkansas and west of Grand rivers occupied by Southern Cherokees. (Art. 8.) All freedmen and free colored persons who were in the country prior to 1861, and their descendants, to have the rights of native Cherokees. (Art. 9.) Cherokee products to be free from United States taxation. (Art. 10.) Right of way not exceeding 200 feet, excepting stations, switches, water stations, crossing rivers, and then only 200 additional feet, guarantied for a railroad, or for two rail roads, one north and south, other east and west, (Art. 11.) General council of delegates from each nation or tribe lawfully residing in Indian Territory to be an nually convened. Census to be taken of all Indian tribes. Council to consist of one member from each tribe, and an additional member for each 1,000 Indians or fraction greater than 500, to be selected by the tribes who may assent to this council. Coun cil to decide time and place of meeting. Session not to exceed thirty days ; special session to be called by the Secretary of Interior. Said council to legislate on matters relating to the Indian tribes, administration of justice and common safety of all nations in Territory. No law shall be enacted inconsistent with the Constitution or laws of Congress or treaty stipulations. Legislative powers may be enlarged by the tribal consent, with the approval of the President of the United States. President of council to be designated by the Secretary of the Interior. Secretary to be paid $500 by United States. Members of council to be paid by the United States $4 per diem during the term, and $4 for every 20 miles travelled going and returning. (Art. 12. ) Judicial trib unals of the nation to have exclusive jurisdiction in civil and criminal cases between members of nation. (Art. 13.) With consent of national council 160 acres of unim proved laud to be given to any society or denomination whereon to erect building for missionary or educational purposes ; land or buildings so set apart not to be sold with out consent of council and Secretary of the Interior, and proceeds of sale to be applied by said society for like purposes under approval of the Secretary of the Interior. (Art. 14.) United States may settle friendly civilized Indians on unoccupied lands east of ninety-sixth degree, in the following manner : A tribe abandoning its tribal relations may pay its proportion of money to the national fund and become a part of the Cher okee Nation. Or a tribe maintaining its tribal laws and usages not inconsistent with the Cherokee Constitution and laws, subject to the approval of the President and consent of council, may purchase a tract and pay a sum proportionate to their num ber and thereafter enjoy the rights of native Cherokees. Said payments to be added to the national fund. (Art. 15.) United States may settle friendly Indians west of ninety-sixth degree on lands to be in compact form at the rate of 160 acres for each per son ; said tracts to be conveyed in fee-simple to tribe or in severally as United States may decide. Price as shall be agreed on to be paid to Cherokee Nation, which shall retain jurisdiction over all land west of ninety-sixth degree until so sold, (Art, 161). 390 INDIAN EDUCATION AND CIVILIZATION. A tract of land owned under article 2 of treaty of 1835 now lying in State of Kansas, ceded in trust to the United States and conditions of sale stipulated. (Art. 17.) Cherokee lands in Arkansas or east of Mississippi may be sold by national council under approval of Secretary of the Interior. (Art. 18.) Any head of family residing on ceded lands, or lands to be sold, shall be entitled to patent for 320 acres, including his improvements. (Art. 19.) Whenever council shall request it the Secretary of the Interior shall cause the Cherokee country to be surveyed and allotted. (Art. 20.) Boundary lines between Cherokee country and States of Missouri, Arkansas, and Kan sas to be run and marked. (Art. 21.) National council may appoint an agent to ex amine the accounts with the United States agent, and to have free access to books in the Executive Departments. (Art. 22.) All Cherokee funds to be invested in United States registered stocks, interest to be applied as follows: 35 per cent, for educational purposes; 15 per cent, for orphan fund; 50 per cent, for general purposes; and United States may pay on order of national council debts caused by non-payment of annuities, not to exceed $150,000. (Art. 23.) The Rev. Evan Jones, forty years a missionary, now a cripple, to receive $3,000 out of nation's fund. (Art. 24.) Bounty and pay due dead Cherokee soldiers in the service of United States, having no heirs, to be applied to the foundation and support of orphan asylum, to be under the control of the national council or such benevolent society as it may designate, subject to approval of the Secretary. (Art 25.) Peaceful possession and protection guarantied against domestic feuds. (Art. 26.) One or more military posts to be established. Importation of liquors forbidden. Intruders to be removed. (Art. 27.) The sum of $10,000 for pro visions and clothing furnished the Army in 1861 and 1862. (Art. 28.) Expenses of delegation of Cherokees paid. (Art. 29.) Twenty thousand dollars to pay losses, and missionary societies for property destroyed by troops. (Art. 30.) Treaties not inconsistent with the present re-affirmed. (Art. 31.) Amended July 27, 1866; assented to July 31, 1866; proclaimed August 11, 1866. 1 Treaty made at Washington, April 27, 1868. Contract made in reference to the sale of Cherokee neutral lands, Kansas, with the American Emigrant Company, August 30, 1866, to be assigned to James F. Joy, of Detroit, Mich., and a contract entered into by said Joy and Orville H. Browning, October 9, 1867, to be relinquished and cancelled. The following modifications made in the existing contract : the sum of $75,000 paid within ten days of ratification of treaty ; other payments when they fall due, with interest from date of ratification thereof. All moneys paid to the Secretary of the Interior as trustee for Cherokee Nation. Proclaimed June 10, 1868. 2 CHICKASAW RESERVATION. How established. By treaty of June 22, 1855. Area and survey. Contains 4,650,925 acres, of which 2,300,000 acres are classed as tillable. 3 Surveyed. 4 Acres cultivated. Not reported separately. Tribes and population. The tribe living here is the Chickasaw. Pop ulation, 6,000. 5 Location. See treaties for location. The government of the Chickasaws is similar to that of the Cherokee Nation, already given. The Nation is divided into four counties. United States Statutes at Large, Vol. XIV, p. 799. -Ibid., Vol. XVI, p. 727. 3 Report of Indian Commissioner, 1884, p. 308. 4 Ibid., p. 259. *Ibid., p. 290. INDIAN TERRITORY UNION AGENCY. 391 Education. The Chrekasaw Nation has four large boarding schools: School population, estimated, in 1886 1,200 Chickasaw Male Academy, Tishomiugo (boys) 100 Orphan Home, Lebanon (boys and girls) 75 Wapanucka Academy (boys and girls) 60 Female Seminary (girls) 75 Fourteen common schools (average probably 20) 280 Some students are educated in tbe States. Of the church and private schools no report is given. 1 SYNOPSIS OF CHICKASAW TREATIES, Treaty made at Hopeicell, January 10, 1786. Indians to restore prisoners and property. (Art. 1.) Acknowledge the protection of the United States. (Art. 2.) Boundaries of their hunting grounds defined: The ridge dividing the waters of Cumberland and Tennessee, thence to mouth of Duck River north-west to Ohio River, thence to Mississippi, down the same to Choctaw line in Natchez district, and east to limit of land claimed. Trading-post reserved. (Art. 3.) No citizens to settle on Indian lands. (Art. 4.) Offenders to be delivered up for punishment by United States laws. (Art. 5.) Citizens to be punished for depreda tions upon Indians. (Art. 6.) Retaliation restrained. (Art. 7.) United States to regulate trade. (Art. 8.) Meanwhile citizens to trade. (Art. 9.) Indians to give notice of designs against United States. (Art. 10.) Peace and friendship estab lished. (Art. II,) 2 Treaty made at Chickasaiv Bluffs, October 24, 1801. Right of way granted for road from settlements in the Mero district to those of Natchez, Miss. (Art. 1.) Seven hundred dollars in presents. President to assist Chickasaws to preserve peace. (Art. 2.) Treaty binding when ratified. (Art. 3.) Proclaimed May 4, 1802. 3 Treaty made in the Cliic'kasaw country, July 23, 1805. The Chickasaws, being embarrassed with heavy debts to merchants and traders, cede to the United States land lying along the Ohio, Tennessee, and the Eastern Mountains ; one mile square reserved on Tennessee below mouth of Duck River for Chief O'Coy. (Art. 1.) Twenty thousand dollars for debts ; $2,000 to George Colbert and O'Coy. Annuity of $100 to chief of nation. (Art. 2.) Boundary to be estab lished. (Art. 3.) No citizens allowed to settle in Indian country. (Art. 4. ) Treaty binding when ratified. (Art. 5.) Proclaimed May 23, 1807. 4 Treaty made in the Chickasaw country, September 20, 1816. Peace and friendship perpetuated. (Art. 1.) Indians cede to the United States ter ritory on the north and south sides of the Tennessee and on the Tombigbee. (Art. 2.) Receive $12,000 per annum for ten years, and $2,000 for improvements on east side of Tombigbee, and $2,500 for improvements on the north side of Tennessee. (Art. 3.) Five tracts of land set apart so long as occupied, and when abandoned to revert to the United States as a portion of ceded territory. (Art. 4.) Line on south side of Ten nessee River to be ascertained and marked. (Art. 5.) The sum of $2,950 distributed in goods as presents to specified chiefs and warriors. Annuity of $100 to William Col- 1 Report of Indian Commissioner, 1886, p. Ixxii, 2 United States Statutes at Large, Vol. VII, p. 24. Ibid., p. 65. *Ibid., p. 89. 392 INDIAN EDUCATION AND CIVILIZATION. bert for life. (Art. 6.) No more peddlers to be allowed to traffic in Chickasaw Nation. (Art. 7.) Proclaimed December 13, 1816. l Treaty made at Oldtown, October 19, 1818. Perpetual peace established. (Art. 1.) Cessions of land lying between Tennessee, Ohio, and Mississippi Rivers and thirty-five degrees north latitude. (Art. 2. ) Twenty thousand dollars to be paid annually for fifteen years; $3,115 for payment of debts, (Art. 3.) Reservation 4 miles square on River Sandy within ceded territory, and con taining salt springs, set aside and regulations for salt trade made. (Art. 4.) Five hundred dollars compensation for a tract set apart to chief by treaty of Septem ber 18, 18J6, and other tracts set apart by same treaty to inure to the heirs and assigns, under conditions similar to other citizens. Two hundred and fourteen dol lars paid individuals for losses. (Art. 5.) Southern boundary of ceded territory marked and improvements to be paid for. (Art. 6.) Two thousand six hundred and fifty dollars in presents to chiefs and soldiers. Annuities hereafter to be paid in cash. (Art. 7.) Proclaimed January 7, 1819. 2 Treaty made on Pontitock Creek, October 20, 1832. Indians cede to United States all their lands east of Mississippi. (Art. 1.) Ceded land to be surveyed and sold. (Art. 2.) Money received from sale, less the expenses of survey and selling, to be paid to Chickasaw Nation. (Art. 3. ) Chickasaws to seek a home west of Mississippi. Should they fail they may take up allotments, including improvements, within ceded territory, and occupy the same until a country is obtained suited to their wants. United States to guaranty their quiet possession of allotments. After removal, said tracts to be sold. (Art. 4.) Improvements on lands to be valued, and payment provided for. (Art. 5.) Surveyor-general appointed to superintend sur vey of ceded land. (Art. 6.) No pre-emption rights or combination among pur chasers permitted. (Art. 7.) All land possible to be sold at Government price; after that, at reduced rates. If after five years land remains unsold, further reduction in price made. (Art. 8.) Agent to reside among the Chickasaws. (Art. 9.) Money to be advanced from the proceeds of sales for expenses of removal arid one year's pro vision. (Art. 10.) The money accruing from the sale of lands to be invested for the benefit of Chickasaw Nation. If, at the expiration of fifty years, President and Senate are satisfied of the capability of the Chickasaws to manage their own affairs, the fund may be passed over to their charge. (Art. 11. ) One hundred dollars annuity provided for old chief and $50 annuity for " Queen Puccaunla." (Art. 12.) Boundary line to be established bet ween Chickasaws and Choctaws. (Art. 13.) Chiefs to furnish list of tracts taken by individuals, in accordance with article 4. List to be recorded in land office. (Art. 14.) No person to settle in the country before the land is sold. (Art. 15.) Proclaimed March 1, 1833. 3 Treaty supplementary to preceding treaty, made on Pontitock Creek, October 22, 1832. Any tracts of land taken up under article 4 of preceding treaty shall not be leased, or land occupied after tribe remove. Three dollars per acre minimum price for said tracts. A section of laud granted in lieu of debt. A land office to be established and mail-routes opened through the country about to be ceded. 4 1 United States Statutes at Large, Vol. VII, p. 150. 2 Ibid., p. 192. p. 381. * Ibid., p. 388. INDIAN TERRITORY UNION AGENCY. 393 Treaty made at Washington, May 24, 1834. Peace and friendship established. (Art. 1.) Chickasaws being about to remove west of the Mississippi, the United States is pledged to protect and defend them against whites and other tribes of Indians, and to keep them without the limits of any State or Territory; Chickasaws pledge themselves not to make war unless authorized by the United States. (Art. 2.) White intruders to be prosecuted by United States agent. (Art. 3.) Stipulations as to the selling of tracts taken under article 4 pre ceding treaty. (Art. 4.) Amount of land taken by head of family under article 4 increased. (Art. 5.) Also tracts taken by persons over twenty-one. (Art. 6.) In mixed marriage, land belongs to Chickasaw woman. (Art. 7.) Land provided for orphans. (Art. 8.) Pro visions for adjusting sectional lines. (Art. 9.) Special tracta given to persona named. (Art. 10.) Special provision for sale of the residue of ceded lands. (Art. 11.) Notice of sale to be given six months prior to sale. (Art. 12.) United States to advance money to purchase territory west of Mississippi for the es- tablishing of mills, shops, and schools, and other needful purposes; furnish competent person to conduct them, and subsist them on their journey; money to be re-iinbursed from sale. (Art. 13.) Articles 12 and 13 of treaty of October 20, 1832, in force. (Art. 14.) Boundary line as run by article 6 ; treaty of October 19, 1818, recognized. (Art. 15.) Appropriation made in 1833, to carry out treaty made with Chickasaws, to be appli cable with this, and to be re-imbursed. (Art. 16.) Provisions for chiefs and debts, $3, 000. (Art. 1, supplementary.) Three thousand dollars for fifteen years appropriated for education of Chickasaw children within the United States by the consent of Presi dent and Senate. (Art. 2, supplementary.) Indians cede 4-mile tract set apart in article 4 of treaty of 1818. (Art. 3, supplementary.) (One thousand dollars stolen by slave of Chickasaw from agent refunded by United States. (Art. 4, supplementary.) Additional clerk for sale of land appointed. (Art. 5, supplementary.) Proclaimed July 1, 1834. * Treaty between Chiclcasaws and Choctaws, made ai DoaJcsville, Choctaw country, January 17, 1837. Chickasaws to be allowed a district in the Choctaw country on the same terms that the Choctaws hold it, except the right of disposing of it. Choctaw and Chickasaw annuities to be held separately. (Art. 1.) Choctaw district designated. (Art. 2.) Chickasaws to pay the Choctaws $530,000 ; $30,000 in the manner that the Choc taw annuity of 1837 is paid, the remaining $500,000 to be invested in Government stocks, interest to be paid annually. Twenty thousand dollars to be paid for four years, as the present Choctaw annuity is paid, and the residue subject to control of general council ; after four years the entire interest to be subject to control of council. (Art. 3.) Differences between two nations to be decided by Choctaw agent, subject to appeal to President. (Art. 4.) Equal rights and privileges granted to both nations, except each nation to manage its own funds. (Art. 5.) Proclaimed March 24, 1837. 3 Treaty between United States and Chickasaws, made at Washington, June 22, 1852. Chickasaws acknowledge guardianship of United States ; agent to reside with tribe. (Art. 1.) Expenses of sale of lands having for some time exceeded receipts, President to dispose of remainder as deemed best. The tract of four acres near the town of Pon- totoc, where many of the Chickasaws are buried, is set apart and conveyed to said town as a public burial ground forever. (Art. 2.) The rights of the Chickasaws to a reservation of four miles on the Sandy River, so long contended for, submitted to Sec retary of Interior for decision. If anything shall be paid, the amount shall not exceed 1 United States Statutes at Large, Vol. VII, p. 450. . 2 Ibid., Vol. XI, p. 573. 394 INDIAN EDUCATION ANJL> CIVILIZATION. $1.25 per acre. (Art. 3.) Chickasaws alleging mismanagement in the disbursement of their funds and money held in trust for orphans and incompetents, a full exhibit of receipts and disbursements to be placed before the nation, to which objections may be filed. Secretary of Interior to adjudicate. (Art. 4.) Chi ckasaw fund to be still held in trust by United States, but such portions as tribe may require for permanent settlement shall be subject to control of general council. (Art. 5.) General council to be vested with powers heretoforo conferred on certain persons in article 4 of the treaty of 1834. (Art. 6.) No claim to be paid by the United States out of Chickasaw funds unless allowed by general council. (Art. 7.) United States to furnish semi annual accounts of receipts and disbursements of Chickasaw fund to the general council. (Art. 8.) Fifteen hundred dollars paid for expenses of treaty. (Art. 9.) Payments in the future to be made to parties primarily entitled thereto. (Art. 10.) Amended August 13, 1852; assented to October 16, 1852; proclaimed February 24, 1853. 1 Treati/ between Chickasaws and Clioctaws, made at Doaksville, November 4, 1854. Dispute having arisen, the boundary of Chickasaw district to be re-established as described. (Art. 1. ) Chickasaws to employ a surveyor to mark the eastern boundary line and to pay his expenses. (Art. 2.) Proclaimed August 10, 1855. 2 ' ?^*' Treaty between the United States and Chickasaws and Choctaws, made at Washington, June 22, 1855. In pursuance of the act May 28, 1830, the Choctaw and Chickasaw country herein defined is guarantied to them forever by the United States, provided no part shall be sold without the consent of both tribes, and the land to revert to United States should they abandon the same or become extinct. Choctaw and Chickasaw country defined as follows: Beginning at a point on the Arkansas River where the west line of the State of Arkansas crosses said river; thence south to Red Riverj up said river to where meridian one hundred degrees west longitude crosses the same ; thence north on the meridian to main Canadian River, down said river to Arkansas River, and down said river to place of beginning. (Art. 1.) Chickasaw district defined as follows: Begin ning at north bank of Red River at the mouth of Island Bayou ; thence north-westerly along the channel of said bayou to the junction of three prongs of said bayou nearest to the ridge dividing the Washita and Low Blue Rivers ; thence northerly to eastern prong of Island Bayou to source; thence north to Canadian River, up said river to ninety-eight degrees west longitude; thence south to Red River, down said river to place of beginning: Provided, If the eastern line shall not include Allen's or Wa-pa- nacka Academy within Chickasaw district, an offset to be made so as to leave. said acad emy two miles within Chickasaw district to the north, west, and south. (Art. 2. ) Re mainder of country held in common by Choctaw and Chickasaw to constitute Choc taw district. Officers and people to have safe conduct and free passage through Chick asaw district. (Art. 3.) Present government within limits of Chickasaw district to remain in force until Chickasaws shall adopt a constitution and enact laws supersed ing said government. (Art. 4. ) Members of either tribe may settle within j urisdiction of the other, but not participate in the funds belonging to the other. Citizens of both tribes shall have the right to institute and prosecute suits in the courts of either, un der regulation prescribed by the respective legislatures. (Art. 5.) Extradition of criminals between the two districts. (Art. 6.) Tribes to govern themselves agree ably to the Constitution and laws of the United States. Intruders to be removed by United States agent. (Art. 7.) In consideration of the foregoing stipulations, Choc- taws to be paid $150,000 out of Chickasaw trust fund. (Art. 8.) Choctaws cede to 1 United States Statutes at Large, Vol. X, p. .974. 2 Ibid., p. 1116. INDIAN TERRITORY UNION AGENCY. 395 United States all lands west of cue hundred degrees west longitude. Choctaws and Chickasaws lease to the United States their own country west of ninety-eight degrees for the permanent settlement of the Wichita and such other tribes as United States may desire, excluding all Indians of New Mexico and those north of Arkansas and Canadian Rivers, and including those south of the Canadian or between it and the Arkansas. These Indians to be under the exclusive control of the United States. The country so leased shall remain open to settlement by Choctaws and Chickasaws. (Art. 9.) United States to pay Choctaws $600,000, Chickasaws, $-200,000, in such man ner as general councils direct. (Art, 10.) Senate to decide what, if any, and how the price should be paid Choctaws for lands remaining unsold of those ceded by the treaty of 1830. (Art. 11.) If Senate award payment, Choctaws to receive it in satis faction for all claims against United States, and pay from it all individual claims. (Art. 12.) Sums due under existing treaties to be paid, and funds invested to be still held in trust. (Art. 13.) United States to protect the Chickasaws and Choctaws from domestic strife and hostile invasion by other Indians and of white intruders ; and for injuries so resulting United States guaranties payment according to rules in cases of depredations by Indians. (Art. 14.) Indians to deliver up persons guilty of offenses against the laws of States or the United States. (Art. 15.) Traders to pay compensation for land and timber used by them. (Art. 16. ) United States shall have the right to establish military posts, roads, and agencies. (Art. 17.) Right of way for railroads or telegraph lines guarantied. Property taken to be compensated for. (Art. 18.) Boundaries of countries herein described to be established. (Art. 19.) This to supersede all other treaties inconsistent therewith between the United States and the Chickasaws or Choctaws, singly or together. (Art. 21.) Expenses of treaty paid by United States. (Art. 22. ) Proclaimed March 4, 1856. 1 Treaty made at Washington, April 28, 1866. Peace established between the Choctaws, Chickasaws, and the United States. (Art. 1.) Slavery to cease. (Art. 2.) Indians cede to the United States the territory west of ninety-eighth meridian of west longitude known as the "leased district" for $300,000 to be invested at five per cent., to be paid when certain conditions toward the ex-slaves are complied with as herein set forth. (Art. 3.) A portion of this money to be advanced. (Art. 46.) Pro vision for civil rights of freedmen. (Art. 4.) General amnesty granted for past offenses. (Art. 5. ) Right of way through Territory for two railroads granted on compensation being made. Indians to be permitted to subscribe to stock or make land grants, etc. (Art. 6.) Indians agree to such legislation as Congress shall deem necessary for better administration of justice, provided it does not interfere with or annul their present tribal organization. (Art. 7.) Choctaws and Chickasaws agree to formation of a council elected by tribes lawfully resident in the Indian Territory, with powers as herein described. Courts to be organized as Congress may prescribe. Superintendent of Indian affairs to be Governor of the "Territory of Oklahoma," with officers as described. When council shall so desire, Congress to permit the division of the council into an upper and lower house as herein set forth. (Art. 8.) Funds invested previous to 1861 for purposes of education to remain so invested, and interest to be applied for that purpose. (Art. 9.) Annuities entered into prior to the late War renewed after the close of the fiscal year of 1866. (Art. 10.) At the request of the general council, the United States will survey the lands of the Choctaws and Chickasaws that they may be taken in severalty. Also print maps of same and establish a land office at Boggy Depot, Choctaw Territory. (Arts. 11, 12.) Notice of said provision given to all members of tribe residing out side of lands. (Art. 13.) Tracts of land to be set aside for seats of justice, schools, etc. (Art. 14.) One hundred and sixty acres of land to be taken by each individual. (Art. 15.) Occupants may abandon improvements and select other lauds. (Art. 16.) 1 United States Statutes at Large, Vol. XI, p. 611. 396 INDIAN EDUCATION AND CIVILIZATION. Missionary establishment not to be interfered with. Missionary of five or more years standing permitted to select quarter section. (Art. 17.) Parents to select land for children. (Art. 18.) Selection to be registered at land office. Legal subdivisions to be observed. (Art. 19.) Proof of improvements to be made prior to entries, also number of persons a parent or guardian is entitled to select for. (Art. 20.) Sections 16 and 36 in each township to be reserved for school purposes ; if occupied or sterile, other sections to be selected. (Art. 21. ) Military posts permitted not exceeding 1 square mile. When abandoned, laud to revert to Nation. (Art. 22. ) Suitable books of registry to be kept at land office. (Art. 23.) Provisions for laying off town lots. (Art. 24.) Patents to be issued by President of United States, countersigned by chief executive of Nation for selected land. (Art. 25.) Eights given to all persons who may become citizens by adoption or intermarriage (Art. 26), and they shall be subject to the laws of the Nation. (Art. 38.) How disputes concerning land shall be settled. (Arts. 27, 28.) Descent established. (Art. 29.) Not over 10,000 Kansas Indians to be received as citizens, and entitled to allotments after Choctaws and Chickasaws and persons of African descent have selected. (Arts. 30, 31.) After two years, docu ments in land offices to be given to Choctaws and Chickasaws ; future patents to be issued as legislative authorities may provide. (Art. 32.) Unselected land to be com mon property for Choctawand Chickasaw. (Art. 33.) Persons prevented from select ing within ninety days may select afterward. (Art. 34.) Selections made after a transfer of records to be in accordance with regulations of the legislature of the Nations. (Art. 35.) Selected land abandoned except such belonging to married women, minors, or incompetents, may be rented or otherwise disposed of for their benefit by the legislative authorities of the Nation. (Art. 36.) United States to pay $1 per acre for lands selected for other Indians, one-fourth to go to Chickasaws, three- fourths to Choctaws. (Art. 37.) No person not a member of Nation to trade without a permit. (Art. 39.) Restrictions upon personal property removed. (Art. 40.) Mem bers of Choctaw and Chickasaw Nations to be competent witnesses in civil and crimi nal suits in any court of the United States. (Art. 41.) Criminals against the United States to be delivered up on requisition of the Governor of any State or the United States. (Art. 42.) White intruders forbidden. (Art. 43.) Post-offices to be estab lished and maintained. (Art. 44.) All former rights and immunities to remain in force. (Art. 45.) After the assignment of lands in severalty, annuities and funds to be capitalized and divided per capita. President to retain sufficient sum to defray the expenses of governme nt of said nations with a judicious system of education, until these objects are provided for by proper system of taxation, when the sum shall be divided in manner already mentioned. (Art. 47.) Fifty thousand dollars allowed to Choctaw and Chickasaw commissioners for incidental and other expenses. (Art. 48.) Three commissioners appointed to settle damages of Indians loyal to the United States who were driven from their homes. (Art. 49.) Appointing of a commission to deter mine the claims of certain citizens of the United States for damages. Aggregate of these claims not to exceed $90,000. . (Art. 50.) Former treaty provisions inconsistent with present treaty to be null and void. (Art. 51. ) Amended June 28, 1866; assented to July 2, 1866; proclaimed July 10, 1866. l CHOCTAW RESERVATION. How established. By treaty of June 22, 1855. Area and survey. Contains 6,688,000 acres, of which 3,000,000 are classed as tillable. 2 Out-boundaries surveyed. 3 Acres cultivated. Not reported separately. 1 United States Statutes at Large, Vol. XIV, p. 769. 2 Report of Indian Commis sioner, 1884, p. 308. 3 IUd., p. 259. INDIAN TERRITORY UNION AGENCY. 397 Tribes and population. The tribe living here is the Choctaw. Popu lation, 16,000.! Location: See treaties for location. The government of the Choctaws is similar to that of the Cherokee Nation, already given. The nation is divided into three districts, each district subdivided into counties. EDUCATION. Wheelock Orphan School (boys and girls) 50 New Hope Seminary (girls) 100 Spencer Academy (boys) 100 Old Spencer 50 School population estimated in 1886 3,600 Public schools, first district: Number 41 Number of children 750 Public schools, second district : Number 35 Number of children 716 Public schools, third district : , Number 70 Number of children 1,200 High schools : Number 4 Number of children 300 Students sent to State colleges ," 24 Total number of public schools, 146 ; total number of children in public schools, 2,666 ; total in schools and colleges, 2,990. Appropriated for support of above, $62,800. Improvements for accommodation of scholars are estimated to be worth $200,000, besides others not reported. 3 SYNOPSIS OP TREATIES WITH THE CHOCTAW INDIANS. Treaty at Hopewell, January 3, 1786. Prisoners to be restored. (Art. 1.) Indians acknowledge sovereignty of United States. (Art. 2.) Hunting grounds defined, the southern boundary being the thirty-first degree north latitude ; three tracts 6 miles square, reserved for United States trading- posts. (Art. 3.) No citizens to settle on Indian lands. (Art. 4.) Indians to deliver up criminals. (Art. 5.) Citizens committing crimes against Indians to be punished. (Art. 6.) Retaliation restrained. (Art. 7.) United States to regulate trade. (Art. 8.) Meanwhile citizens to be permitted to trade. (Art. 9.) Indians to give notice of designs against United States. (Art. 10.) Peace established. (Art. II.) 3 Treaty made at Fort Adams, on the Mississippi River, December 17, 1801. Peace to be maintained. (Art. 1.) Wagon road to be made through Choctaw country. (Art. 2.) Land lying between the Yazoo and the thirty -first degree of north latitude, on the Mississippi, hereby ceded. Chocta A- territory east of cession to be marked off. (Art. 3.) Indians to be notified of the time when survey shall be 1 Report of Indian Commissioner, 1886, p. 398. 2 Ibid., p. Ixxii. 3 United States- Statutes at Large, Vol. VII, p. 21. 398 INDIAN EDUCATION AND CIVILIZATION. made. (Art. 4.) Two thousand dollars in goods and mechanics ' tools as payment. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed May 4, 1802. * Treaty made at Fort Confederation, on the Tombigbee Elver, October 17, 1802. Boundary line between United States and Choctaw to be re-marked. (Art. 1.) Land between the Chickasawhay, Mobile, and Tombigbee Rivers ceded to United States forever, in consideration of $1. (Art. 2.) Boundary near mouth of Yazoo Eiver to be altered. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed January 20, 1803. 2 Treaty made at Hoe BucMntoopa, August' I, 1803. Boundary line of cessions of preceding treaty established and following presents acknowledged in payment : Fifteen pieces of strouds, three rifles, one hundred and fifty blankets, two hundred and fifty pounds of powder, one bridle, one man's saddle, one black silk handkerchief. Proclaimed December 26, 1803. 3 Treaty made at Mount Dexter, November 16, 1805, Further cessions on the Chikasawha and Pearl Rivers and their tributaries, and tracts reserved for individual Choctaws. (Art. 1.)- Fifty thousand five hundred dollars in payment; $48,000 of which to discharge debts due traders, $2,500 to pay loss to persons named, and $3,000 annually in goods. (Art. 2.) Annuity of $150 granted to three chiefs, besides gifts of $1,500 each. (Art. 3.) Boundary to be sur veyed. (Art. 5.) Lease gran ted for establishments on roads through Choctaw coun try hereby confirmed. (Art. 6.) Treaty binding when ratified. (Art. 7.) Proclaimed February 25, 1808. 4 Treaty made at Choctaw Trading House, October 24, 1816. Cessions made on the Tombigbee River. (Art. 1.) Payment of $6,000 annually for twenty years, and $10,000 in merchandise at signing of treaty. (Art. 2.) Proclaimed December 30, 1816. 5 Treaty made at Doaks Stand, October 18, 1820. Cessions. Cessions on and east of the Mississippi River. (Art. 1.) Reservation. United States cede to the Cherokees a tract between the Arkansas and Red Rivers. (Art. 2.) Survey. Boundaries to be established. (Art. 3.) Boundaries east of Mississippi to remain until Choctaws become capable of citizenship. Congress to lay off to each individual a parcel of land. (Art. 4.) Removal. Each warrior removing west to receive a blanket, kettle, gun, etc., and corn for self and family while travelling thither and for one year's subsistence. (Art. 5.) Agent and blacksmith guaranteed to those moving west of Mississippi. (Art. 6.) School fund. Fifty-four sections of ceded land to be sold to make a school fund. Three-quarters to be appropriated to schools east, and one-quarter to schools west of Mississippi. (Art. 7.) Also additional tract sold to make a fund equal to $6,000 a year for school purposes. (Art. 8.) Individual tracts and payments. Indians choosing to remain on ceded land may have one square mile, including improvements. (Art. 9. ) An equivalent paid for improve- 1 United States Statutes at Large, Vol. VII, p. 66. -I bid., -p. 73. 3 Ibid7, p. 80. * Ibid., p. 98. -Ibid., p. 152. INDIAN TERRITORY UNION AGENCY. 399 ments to those who remove. (Art. 10.) Choctaw soldiers iii the Pensacola campaign to be paid what is due over .the value of the blanket, shirt, flap, and leggings which have been delivered. (Art. 11.) Whisky traffic to cease. (Art. 12.) Choctaws to organize corps of light horse to act as police. (Art. 13.) Annuity granted to chief. (Art. 14.) Peace to continue. (Art. 15.) Treaty binding when ratified. Proclaimed January 8, 1821. l Treaty made at Washington t January 20, 1825. Cession and boundary. All land lying east of a line beginning on the Arkansas 100 paces east of Fort Smith, thence due south to the Red River, hereby ceded back to United States j said line to be the permanent boundary between the United States and the Choctaws ; United States to remove citizens west of line and prevent future settle ments. (Art. 1.) Payments. Six thousand dollars to be paid annually forever. The sum to be applied for schools for tw r enty years. After that, invested in stocks. (Art. 2.) In lieu of agree ment of article 8 of the treaty of October 18, 1820, $6,000 to be paid for sixteen years. (Art, 3.) Sales permitted. Tracts set apart by ninth section of said treaty may, with the con sent of the President, be conveyed by the Indians in fee-simple. Four other tracts granted with similar provision. (Art. 4.) Debts and claims paid. United States agrees to relinquish trading debts of Choc taws. (Art. 5.) The sum of -$14,972.50 paid to soldiers for Pensacola campaign. (Art. 6.) Modification of fourth article of treaty of October 18, 1820, by adding, "with consent of the Choctaw Nation." (Art. 7.) The sum of $2,000 paid for spoliations committed by citizens. (Art. 8.) Agent and blacksmith for Choctaws west of Mississippi. (Art. 9.) Peace main tained. (Art. 11.) Treaty binding when ratified. (Art. 12.) Proclaimed February 19, 1825. * Treaty made at Dancing Rabbit Creek, September 27, 1830. Peace maintained. (Art. 1.) Reservation patented. Choctaw territory west of Mississippi conveyed to Choctaws, in fee-simple. (Art. 2.) Cessions and removal. Indians cede all their country east of Mississippi, and agree to remove between 1831 and 1833. (Art. 3.) Self-government. Choctaws to govern themselves. (Art. 4.) United States protection. United States to protect them. (Arts. 5, 7.) Punishment of offenders. Any Choctaw committing an act of violence against citi zens to be delivered up to United States. (Art. 6.) Offenders against laws of States or United States to be delivered up by the Choctaws. (Art. 8.) Citizens of the United States may be expelled from Choctaw territory. (Art. 9.) Intruders removed and thieves of both races to be punished. (Art. 12.) Traders, roads, and agent. Traders to have written permit. (Art. 10. ) United States to establish post-offices, military posts, roads, etc. (Art. 11.) Agent provided. (Art. 13.) Citizens. Choctaws desiring to remain east and become citizens may do so. Such persons not to lose rights of a Choctaw citizen except being entitled to share in an nuity. (Art. 14.) Payments, annuities, agency, and provisions. Certain tracts heretofore granted to be sold by their owners. Annuities to chiefs for twenty years, and payment for other offi cers. (Art. 15.) United States to remove the Indians in wagons or steam-boats, and support them for one year, and shall take their cattle, paying in money or delivering an equivalent in stock. (Art. 16.) In addition to other annuities, $20,000 for twenty years. (Art. 17.) Ceded lands to be surveyed. (Art. 18.) Tracts reserved to indi- 1 United States Statutes at Large, Vol. VII, p. 210. -Ibid., p. 234. 400 INDIAN EDUCATION AND CIVILIZATION. viduals. (Art. 19. ) United States to maintain forty youths at school, to erect council- house and house for each chief, church for three districts;- also $2,500 to be paid an nually for support of three teachers for twenty years. Three blacksmiths to be fur nished for sixteen years, millwright for five years. Besides gifts of merchandise. (Art. 20.) Annuities to twenty warriors who fought with General Wayne. (Art. 21.) Request to have a delegate in the House of Representatives submitted to Congress. (Art. 22. ) Further provisions of land to individuals. (Arts. 2 and 4, supplementary. ) Exploring party to go west of the Mississippi authorized. (Art. 3, supplementary.) Two square miles of land granted to trader for debts. (Art. 4, supplementary.) Supplementary treaty, September 28, 1830. Proclaimed February 24, 1831. 1 Treaty between Choctaws and ChicJcasaws, made at DoaJcsville, Choctaw country, January 17, 1837. 3 See Chickasaw treaty same date, p. 393. Treaty between Choctaws and ChicJcasaws, made at DoaJcsville, November 4, 1854. 3 See Chickasaw treaty same date, p. 394. Treaty between United States, Choctaws, and ChicJcasaws, made at Washington, June 22, 1855. 4 See Chickasaw treaty same date, p. 394. Treaty between United States, Choctaws and ChicJcasaws made at Washington, April 28> 1866.5 See Chickasaw treaty same date, p. 395. CREEK RESERVATION. How established. By treaty of February 14, 1833, Jane 14, 1885, and deficiency appropriation act of August 5, 1882. (See Annual Eeport, 1882, p. 54.) Area and survey. Contains 3,040,495 acres, of which 1,000,000 are classed as tillable. 6 Outboundaries surveyed. 7 Acres cultivated. Not reported separately. 6 Tribes and population. The tribe living here is the Creek. Popula tion, 14,000. 8 Location. See treaties for location. . .. The government of the Creek is similar to that of the Cherokee Na tion, already given. The nation is divided into six districts. United States Statutes at Large, Vol. VII, pp. 333-340. *Ibid., Vol. XI, p. 573. *Ibid., Vol. X, p. 1116. 4 Ibid., Vol. XI, p. 611. 6 2bid., Vol. XIV, p. 769. 6 Report of Indian Commissioner, 1884, p. 308. ''Ibid., p. 259. *Ibid., p. 290, INDIAN TERRITORY UNION AGENCY. 401 Education. School population, estimated, 2,800. Schools. Attend ance. Cost. 100 $7 000 One Wealaka boarding-school . .......... .. 100 7 000 80 5 600 80 5 600 50 3 500 25 8 800 25 2 400 24 6 500 Total 46 400 Besides .these there are church and private schools: Presbyterian mission, Muscogee, accommodation 20 Harold Institute ( Methodist) Muscogee, accommodation 100 Presbyterian school, Tulsa, accommodation 50 Kane's school (colored) Agency Hill, Muscogee 35 Private schools at Muscogee, Eufaula, etc. 1 SYNOPSIS OP TREATIES WITH THE CREEK INDIANS. Treaty made at Nviv York, August 7, 1790. Peace established. (Art. 1.) Supremacy of United States acknowledged. (Art. 2.) Prisoners and property restored. (Art. 3.) Northern and eastern boundaries es tablished, beginning where old line strikes Savannah River, thence up to the top of Oc-cun-na Mountain, thence south-west to Cur-ra-hee Mountain, thence to the source of south branch of Oconee, and on down to the old line on Altamaha River ; thence south to St. Mary's River. All land north and east of above boundary ceded. Goods delivered, and $1,500 annuity granted. (Art. 4.) All land west and south guaranteed to Creek Nation. (Art. 5.) On which no citizen to settle (Art. 6) or hunt. (Art. 7.) Indians to deliver up criminals. (Art. 8.) Citizens committing crimes against In dians to be punished. (Art. 9.) Retaliation restrained. (Art. 10.) Indians to give notice of designs against United States. (Art. 11.) Domestic animals and imple ments to be furnished from time to time by the United States. (Art. 12.) Animosi ties to cease. (Art. 13.) Treaty binding when ratified. (Art. 14.) Proclaimed August 13, 1790. 3 Treaty at Coleraine, June 29, 1796. Preceding treaty to be binding. (Art. 1.) Boundary line to be marked. (Art. 2.) Military and trading post to be established south of Altamaha River and near Oconee River. (Arts. 3 and 4.) President of United States to co-operate with Spain and the chiefs in fixing boundaries. (Art. 5.) Creeks relinquish any claim to territory ceded to Choctaws, Chickasaws, and Cherokees by treaties at Holston. (Art. 6.) Prison ers to be given up. (Art. 7.) Six thousand dollars worth of goods as presents. Also two blacksmiths to be employed. (Art. 8.) Animosities to cease. (Art. 9.) Treaty binding when ratified. (Art. 10.) Proclaimed March 18, 1797. 3 1 Report of Indian Commissioner, 1886, p. Ixxii. 2 United States Statutes at Large, Vol. VII, p. 35. 3 Ibid., p. 56. S. Ex. 95 26 402 INDIAN EDUCATION AND CIVILIZATION. Treaty made at Fort Wilkinson, June 16, 1802. Cessions on the Altamaha, Ocmulgee, and Appalachee Rivers. (Art. 1.) Three thousand dollars annually, $1,000 to chiefs for ten years and $10,000 in gift of goods, $10,000 in payment of debts, $5,000 to satisfy claims, and blacksmith furnished for three years. (Art. 2.) Garrisons to be maintained. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed January 11, 1803. ' Treaty made at Washington, November 14, 1805. Cessions on the Oconee and Ocmulgee Rivers. Military and trading post to be es tablished. (Art. 1.) Road to Mobile granted. (Art. 2.) Twelve thousand dollars paid for eight years and $11,000 for ten years succeeding. (Art. 3. ) In lieu of former agreements, two blacksmiths furnished for eight years. (Art. 4.) Boundaries to be defined. (Art. 5.) Proclaimed June 2, 1806. 2 Treaty made at Fort Jackson, August 9, 1814. As equivalent for the expenses of the recent war with the Creek Nation the Indians cede lands on the Coosa and Tallapoosa Rivers. The improvements of any friendly Indians within ceded territory to be reserved, and boundary line to be run. (Art. 1.) All land east and north of said line guaranteed to Creeks. (Art. 2.) Intercourse with the British and Spanish posts to cease. (Art. 3.) United States to establish military posts. (Art. 4.) All property taken to be surrendered to United States. (Art. 5.) Instigators of war to be given up. (Art. 6.) Corn to be supplied until crops are secured. (Art. 7.) Permanent peace established. (Art. 8.) Lines of Creek ter ritory defined. (Art. 9.) Proclaimed February 16, 1815. 3 Treaty made at Creek Agency, Flint Kiver, June 22, 1818. Two tracts ceded on Altamaha River and Appalachee and Chattahooche Rivers. (Art. 1.) Twenty thousand dollars to be paid at once, and $10,000 for ten succeeding years. (Art. 2.) Two blacksmiths furnished for three years. (Art. 3.) Boundary lines run and treaty binding when ratified. (Art. 4.) Proclaimed March 28, 1818. 4 Treaty made at Indian Spring, January 8, 1821. Cessions on the Flint ami Chattahooche Rivers. (Art. 1.) Certain tracts in ceded country to continue in possession of present Creek occupants. (Art. 2. ) Trac! for agency set aside on Flint River to revert to United States when agency shall be re moved. (Art. 3.) Ten thousand dollars paid down and $40,000 divided into fourteen annual payments. Also balance due State of Georgia by the Creek Nation for prop erty taken or destroyed prior to 1802, not exceeding $250,000. (Art. 4.) Boundary lines to be run. (Art. 5. ) Proclaimed March 2, 1821. 6 Treaty made at Mineral Spring, January 8, 1821. Claims against the Creek Nation and against citizens referred to decision of Pres ident. Commissioners of Georgia release the Creeks from claims prior to 1802 for $250,000 and transfer said claims to United States. Proclaimed March 2, 1821. 6 1 United States Statutes at Large, Vol. VII, p. 68. *Ibid., p. 96. 3 IUd., p. 120. 4 Ibid. , p. 171. 5 Ibid., p. 215. e i ud. , p. 217. INDIAN TERRITORY UNION AGENCY. 403 Treaty made at Indian Spring, February 12, 1825. Indians cede all lands within State of Georgia and other lands north and west of line described. (Art. 1.) United States to give in exchange, acre for acre, lands west of Mississippi and between the Arkansas and Canadian Rivers. As equivalent for improvements on land ceded, and to pay for removal, $400,000; $200,000 to be paid down, $100,000 when ready to remove, the first and second year after removal $25,000 each, and the remainder in $5,000 annual instalments until the whole is paid. (Art. 2.) Annuities to be divided between those emigrating and those remaining. (Art. 3.) Exploring parties authorized to select western territory. (Art. 4.) First payment to be made by commissioners negotiating this treaty. (Art. 5.) Other payments made in the West to be money or merchandise at option of Creeks. (Art 6.) Black smith and wheelwright kept among people as long as President may think proper. (Art. 7.) Eighteen months allowed for removal. (Art. 8.) Treaty binding when ratified. (Art. 9.) Certain tracts ceded by their owner to the United States for $25,000. (Additional article of February 14, 1825.) Proclaimed March 7, 1825. * Treaty made at Washington, January 24, 1826. Treaty of February 12, 1825, declared null and void. (Art. 1.) Indians cede to United States land in the State of Georgia east of Chattahooche River ; also other tracts. (Art. 2.) Two hundred and seventeen thousand six hundred dollars to be paid. (Art. 3.) Perpetual annuity of $20,000. (Art. 4.) Dissensions consequent on preceding treaty shall be amicably adjusted, and those who sign that treaty to be admitted to their privileges as members of Creek Nation. (Art. 5.) Deputa tion to be sent to examine and select country west of the Mississippi. President to determine its extent. (Art. 6.) Emigrating party to remove within two years ; to be subsisted for one year. (Art. 7.) Agent, blacksmith, wheelwright, and interpre ter to reside with emigrants. (Art. 8.) Presents of $100,000 to chiefs and warriors influential in effecting removal. (Art. 9.) Damages sustained by party favoring removal to be ascertained and paid out of annuities. (Art. 10.) Improvements in ceded land to be valued and amount paid to owners. (Art. 11.) Possession of ceded country given within one year. (Art. 12.) All of their country unceded guaranteed to Creeks, and United States to make good losses sustained from citizens. (Art. 13.) Two sections granted for agency. (Art. 14.) Creeks have right to establish ferries on streams forming boundary. (Art. 15.) Creek commissioners to attend running of boundary lines. (Art. 16.) Treaty binding when ratified. Proclaimed February 22, 1826. 2 Supplementary article to preceding treaty, March 31, 1826. Further cessions made so as to embrace all Creek laud within chartered limits of Georgia, for which the sum of $30,000 is paid. 3 Treaty at Creek Agency, November 15, 1827. Former cessions not including all territory in Georgia, remaining lands now ceded, and $27,491 paid to chiefs and head-men ; also $5,000 to be applied for support of three children at Choctaw Academj^ Kentucky. One thousand dollars each for sup port of Withington and Asbury schools in Creek Nation under direction of War De partment; $2,000 for four horse mills; $1,000 for purchase of cards and wheels; and $5,000 to be paid in useful goods. Proclaimed March 4, 1828. 4 1 United States Statutes at Large, Vol. VII, p. 237. 2 lbid.,p. 286. 3 Ibid., p. 289. 4 IMd., p. 307. 404 INDIAN EDUCATION AND CIVILIZATION, Treaty made at Washington, March 24, 1832. Creeks cede all their land east of Mississippi River. (Art. 1.) Land to be surveyed. Tracts to include improvements reserved for individuals for five years unless sooner disposed of, and twenty sections to be sold for benefit of orphan children. No selec tion to include agency tract and improvements. Census to be taken of persons hold ing said tract. (Art. 2.) Said tracts may be sold on approval of President. (Art. 3.) Patents in fee simple to be given to Creeks holding tracts in five years. (Art. 4.) All intruders upon ceded land to be removed. (Art. 5.) Additional tracts granted by patent. (Art. 6.) Location to conform with survey and relinquish all claim for im provements. (Art. 7. ) Twelve thousand dollars to be paid for five years, and $10,000 for fifteen years following. (Art. 8.) The sum of $100,000 for the payment of debts. (Art. 9.) The sum of $16,000 for expenses of delegation. (Art. 10.) For ferries, bridges, and causeways in ceded country, $3.000. Certain claims and annuities, $500 to chiefs; $14,000 to persons emigrating without expense to United 'States; $3,000 to persons suffering losses by being prevented from emigrating. All payments except those of articles 9 and 10 to be taken out of funds derived from ceded land. (Art. 11.) United States to pay expenses of removal and subsist Indians for one year. Creeks to go or stay, as they please. (Art. 12.) Rifle ammunition to each warrior, one blanket to each family emigrating, $3,000 for twenty years for education, and blacksmiths for twenty years as soon as people emigrate. (Art. 13.) Creek country west of Mississippi to be patented and Creek people are to govern themselves. No State or Territory ever to pass laws for the government of said Indians. United States to protect from hostile Indians. (Art. 14.) Treaty binding when ratified. (Art. 15.) Proclaimed April 4. 1832. 1 Treaty made at Fort Gibson, February 14, 1833. Friendship acknowledged. (Art. 1.) With consent of Creek and Cherokee dele gates, boundaries of Creek country west of Mississippi established as follows : Be ginning at the mouth of the north fork of the Canadian, thence north 4 miles, thence jn a straight line to meet a line drawn from a point on the Arkansas opposite the east bank of Grand River at its junction with the Arkansas, and which runs a course south forty-four degrees west, 1 mile, to a post ; thence along said line to the Ark ansas, up the same and the Verdigris River to the old territorial line, along said line north to a point 25 miles from the Arkansas where the line crosses the same, thence at right angles west to tae Mexico line, along said line southerly to the Canadian River, or to the boundary of the Choctaw country. The lines on the north bound the country of the Cherokees by treaty of February 14, 1833. (Art. 2. ) United States to convey in fee simple. (Art. 3.) Country to be property of whole Creek Nation, including those east of Mississippi. Seminoles to have a permanent home in a dis trict set apart in Creek country. (Art. 4.) Additional mechanics and mills to be fur nished. One thousand dollars annually for education. (Art. 5.) Improvements made outside present boundary lines to be compensated for. (Art 6. ) Salt plains if within limits of boundary to be used by friendly Indians. (Art. 7. ) Country herein described granted in lieu of that provided by treaty of January 24, 1826. (Art. 8. ) Binding when ratified. (Art. 9.) Proclaimed April 2, 1834. 2 Treaty made at Fort Gibson, November 23, 1838. Creeks relinquish all claim for property and improvements lost in consequence of emigration. (Art. 1. ) United States agrees to compensate losers with $50,000 in stock animals, to be distributed according to losses. (Art. 2.) Also 5 per cent, interest on J United States Statutes at Large, Vol. VII, p. 366. 2 Z6iU, p. 417. INDIAN TERRITORY UNION AGENCY. 405 350,000 to individual . losers named in schedule attached, for twenty-five years. (Art. 3.) At end of that time interest to go to Creek Nation. (Art. 4.) The sum of $21,103.33 to settle claims of early Creek emigrants. (Art. 5.) To relieve sufferings of Creek hostiles removed to Creek country, and $10,000 in stock animals. (Art. 6.) Proclaimed March 2, 1839. * Treaty with United States, Creeks, and Seminoles, made at Creek Agency, January 4, 1845. 2 See Seminoie treaty, same date, p. 409. Supplementary treaty made at Fort Gibson, June 13, 1854. Third and fourth articles of treaty of November 23, 1838, annulled, and the $350,000 therein provided as compensation for losses, to he divided and paid to individuals set forth in schedule of said, treaty. Assent of Senate, July 21, 1854. 3 Treaty made with the United States, Creeks, and Seminoles, at Washington, August 7, 1856. Seminoie Country. Creeks cede the folio wing tracts to Seminoles : Beginning on the Canadian River at mouth of Pond Creek, a few miles east of ninety-seventh parallel west longitude, thence north to North Fork of Canadian, up said fork to southern line of Cherokee country, west of that line to one hundredth parallel of west longitude, thence south on said parallel to Canadian River, down said river to place of begin ning. (Art. 1.) Creek Country. Bounded as in article 2, treaty of April 14, 1833, less the cession for the Seminoles. (Art. 2.) Laud guaranteed to Seminoie Indians and to Creek Indians by patent, provided that no part ceded to the Seminoles shall be sold without the con sent of both tribes. (Art. 3.) No State or Territory to pass laws for said tribe, nor country to be included in any State or Territory without their consent. (Art. 4.) Creek Indians relinquish all claim to other lands and all claims against United States except those provided for by treaties as set forth herein. (Art. 5.) In consideration for country ceded to Sem inoie Indians the Creeks receive $1,000,000, $200,000 of which to be invested at 5 per cent, for education ; $400,000 paid per capita ; $100,000 may be diverted for a national object; $10,000 for arrears under act of March 3, 1837 ; $120,000 for Creeks who emi grated before 1832; $70,000 for individual claims ; $200,000 to be retained until Sem inoles remove and then paid or invested. (Art. 6.) All interest on educational, me chanical and agricultural funds to be paid to treasurer of Creek Nation. (Art. 7.) Seminoles release the United States from all claims and demands. United States to pay $90,000, $3,000 for ten years for schools, $2,000 for agricultural assistants, $2,200 for mechanics' shops, to invest $250,000 at 5 per cent., and a further $250,000 when the Seminoles remaining in Florida shall have emigrated, the two sums then to constitute a fund belonging to the Seminoles. Interest to be paid per capita. (Art. 8.) United States agrees to remove all Seminoles now in Florida and furnish sub sistence for one year ; also to provide certain supplies. (Art. 9.) Seminoles agree to send delegation to Florida to effect the union of the tribe. (Art. 10.) Payments au thorized to certain Indians. (Art. 11.) Agency for Seminoles. (Art. 12.) Creeks and Seminoles allowed to settle in each other's country, not to participate in each other's funds. (Art. 13.) Extradition of criminals between two tribes. (Art. 14.) Laws of Creeks and Seminoles not to be incompatible with the Constitution of United States. (Art. 15.) All offenders against the laws of States to be delivered up to the United States. (Art. 16.) Licensed traders to pay for use of land or timber. (Art. 17.) United States to protect Creeks and Seminoles from domestic strife or invasion. 1 United States Statutes at Large, Vol. VII, p. 574. '*Ibid., Vol. IX, p. 821. 3 Hid., Vol. XI, p. 599. 406 INDIAN EDUCATION AND CIVILIZATION. (Art. 18.) United States to establish military posts, roads, etc., through their coun try. (Art. 19.) Right of way for railroads and telegraph lines to be had by compen sation. (Art. xiO.) United States to survey boundaries. (Art. 21.) Amnesty for past offenses. (Art. 22.) An allowance made to treaty delegation. (Art. 23. ) Semi- noles may set apart a portion of their country for Florida Seminoles. (Art. 24.) Creek law to be enforced until Seminoles remove to their country. (Art. 25.) This treaty to supersede former inconsistent ones, but not to release the United States from any liability. (Art. 26.) Amended August 16, 1856 ; assented to August 18, 1856 ; proclaimed August 28, 1856. ! Treaty made at Washington, June 14, 1866. Whereas the treaty made by the Creeks and Confederate States in 1861 was repu- .diated at the treaty of peace made at Fort Smith, September 10, 1865, the Creeks bind themselves to peace and friendship with the United States, and to permit military occupation of their country at any time. The United States to grant a general am nesty for all past offenses. (Art. 1. ) Slavery to no longer exist, and rights of negroes denned. (Art. 2. ) Creeks cede to United States 3,250,560 acres, the west half of their entire domain. United States to pay at the rate of 30 cents per acre $975,168; in man ner prescribed $400,000; $200,000 per capita for losses of Federal soldiers, loyal refu gees, and freedman $100,000 ; as lands sold to other tribes, $275,168, to remain in the Treasury at 5 per cent. (Art. 3.) Losses of loyal refugee Indians and freedmen and soldiers enlisted in the Federal Army to be ascertained and paid from the above $100,000. (Art. 4.) Right of way for a railroad north and south, east and west, granted. Compensation to be made for the land , none to be sold to persons outside of Creek Nation. (Art. 5.) Seminole tribe may sell to the United States all or any portion of Seminole lands. (Art. 7.) Boundary line of Creeks to be accurately surveyed. (Art. 8.) United States to erect agency buildings destroyed during the late War, Creeks re linquishing land for the purpose. (Art. 9.) Creeks agree to legislation by Congress for the better protection of life and property, which shall not interfere with their tribal organization. Agree to general council of delegates elected from each nation in the manner set forth. (Art. 10.) United States re-affirms all treaty obligations made prior to 1861, and renews annuity payments after the close of the fiscal year 1866. (Art. 11.) Land granted for missionary and educational purposes. (Art. 13.) Inconsistent treaty provisions annulled ; $10,000 appropriated for treaty expenses. (Art. 14.) Amended July 19, 1866 ; assented to July 23, 1866 ; proclaimed' August 11, 1866. 3 Agreement of February 14, 1881, 3 Under the provisions of the act of March 3, 1873 (17 Statutes, p. 626), the Secretary of the Interior was authorized to negotiate with the Creek Indians "for the relin- quishment to the United States of such portions of their country as may have been set apart in accordance with treaty stipulations for the use of the Seminoles and the Sacs and Foxes of the Mississippi tribes of Indians, respectively, found to be east of the line separating the Creek ceded lands from the Creek Reservation, and also to nego tiate and arrange with said tribes for a final and permanent adjustment of their res ervations." So much of said act as relates to the Sacs and Foxes has been carried into effect by their removal to their proper location on lands. west of the said " dividing line.' 7 The Seminoles, however, are still occupying the lands belonging to the Creeks, for which occupancy the Creeks have as yet received no compensation, from the fact that no agreement could be arrived at between them and the United States as to the price per acre to be paid to the said Creeks by the United States for said lands. 1 United States Statutes at Large, Vol. XI, p. 699. * IUd. { Vol. XIV, p. 785. 3 Re- port of Commissioner of Indian Affairs, 1882, p. 54. INDIAN TERRITORY UNION AGENCY. 407 The undersigned, members of the Creek delegation resident in Washington, duly authorized to act in the premises, both by appointment for general purposes under the certificate of the Governor under the national seal, and also by special action of the national council in this instance, copies of which general and special authority are hereto attached, do promise and agree for themselves and for their nation that they will sell, cede, and dispose of the lands now occupied by the Semiuoles, belong ing to the Creek Nation, to the United States for the sum of $175,000. And the said Creek delegation do hereby agree, for and on behalf of said nation, that they will cede to the United States, and do hereby cede, a strip of land in the Indian Territory now occupied by the Seminole Nation of Indians, lying east of the said line dividing the Creek lands from the lauds ceded to the United States in the treaty of June 14, 1866, bounded on the north by the North Fork of the Canadian River, on the south by the Canadian River, on the west by the dividing line between the Creek Reservation and the lauds ceded under treaty of 1866 above noted, and on the east by a line running north and south between the rivers named so far east of said divisional line as will comprise within said described boundaries 175,000 acres, at $1 per acre; said cession to be in full force and effect when the sum of $175,000 shall have been deposited in the Treasury of the United States to the credit of the Creek Nation, to draw interest at the rate allowed in the treaty of June 14, 1866, wherein certain of their lauds in Indian Territory were ceded to the United States; and one-third of said fund shall be forever set aside for educational purposes, and the remaining two-thirds shall be subject to such use as the Creek council shall de termine. WARD COACHMAN, PLEASANT PORTER, DAVID M. HODGE, Creek Delegation. WASHINGTON, D. C.. February 14, 1881. Act of Congress, August 5, 1882. ' To pay the Creek Nation of Indians for one hundred and seventy-five thousand acres of land now occupied by the Semiuole Nation, the sum of one hundred and seventy-five thousand dollars, as per agreement made in pursuance of the act of March 3, 1873, which agreement bears date February 14, 1H81, and is now on file in the De partment of the Interior ; said sum to be immediately available. SEMINOLE RESERVATION. Hoic established. By treaty of March 21 , 1866. See Creek agreement, February 14, 1881 (Annual Beport, 1882, p. liv), and deficiency act of August 5, 1882. Area and survey. Contains 375,000 acres. Not surveyed. Acres cultivated. Not reported separately in 1886. Tribes and population. The tribe living here is the Semiuole. Popu lation, 3,000. Location. See treaties for location. Education. School population, estimated, in 1886 600 Wewoka mission : Accommodation 75 Cost 3,700 Seminole Female Academy : Accommodation 35 Cost $2,600 1 United States Statutes at Large, Vol. XXII, p. 265. 408 INDIAN EDUCATION AND CIVILIZATION. Two high schools, one at Wewoka and one at Sasakwa. The Presbyterian board furnished $1,700 for Wewoka, and the Methodist $600 for Sasakwa Female Academy. The Seminoles have also four district schools, which are in a prosperous condition. 1 SYNOPSIS OF TREATIES WITH THE SEMINOLE INDIANS. Treaty with the Florida tribes, made at Ca'mp on Moultrie Creek, Florida, September 18, 1823. Protection of the United States acknowledged. All claims to territory in Florida relinquished, except the following tract (Art. 1) : Beginning 5 miles north of Oka- humka, running west within fifteen miles of the coast of the Gulf of Mexico, south 12 miles, south-east to 5 miles of main branch of Charlotte River, thence to within 20 miles of the Atlantic Coast, thence north to 15 miles west, and thence 50 miles to place of beginning. Florida Indians to be concentrated and confined within the above tract. (Art. 2.) Commissioners, accompanied by Indian delegate, to mark boundary of reservation. (Art. 8.) To meet the objection of the Indians to concen tration on reservation on account of the insufficient quantity of good land to subsist them, it is expressly understood that should more be needed the commission shall re move the northern boundary so far north as to embrace a sufficient quantity of good tillable land. (Art. 9.) United States to protect Indians who shall refrain from making war without the consent of the United States. On removal to reservation au agent to be provided, agricultural implements, stock to the amount of $6,000, and $5,000 a year for twenty years under the direction of the President. (Art. 3.) Right to open roads granted. No white person to settle or hunt upon reservation. Author ized persons to travel unmolested. (Art. 4.) Rations provided for the first year af ter removal, and $4,500 to be distributed among persons abandoning improvements. The sum of $2,000 appropriated for removal. (Art. 5.) Agent, subageut, and inter preter to reside with the Indians. Sum of $1,000 for maintenance of school for twenty years. Same amount for blacksmith. (Art. 6.) Indians to prevent fugitive slaves from taking shelter among them. (Art. 7.) One section of land granted to agent and one to interpreter. (Art. 10.) Six of the principal chiefs, parties to the treaty, permitted to remain on following lands inhabited by them: For Neamathla and his connections 2 miles square on Rocky Comfort Creek ; for Blunt and Tnskihajo 4 miles on Appalachicola, extending west 2 miles; for Mulatto King and Emathlochee 4 miles on the Appalachicola, extending west 1 mile; for Econchatimico 4 miles on the Chat- tahoochee, extending west 1 mile. Peaceable possession guaranteed to chiefs and descendants only during occupation and cultivation of the same. If abandoned, reservation to be included in cession of article 1. Chiefs to furnish to the Indian superintendent of Florida names of individuals who are to reside on said reservations. Chiefs to be held responsible for conduct of individuals. Indians to be permitted to remove voluntarily to the reservation set apart in article 2, United States reserving the right to order their removal in case of misconduct. Eight hundred dollars of the amount stipulated in article 3 to be expended for these Indians. Also to receive their proportion of annuities. Sum of $5,000 of the money set apart in article 5 to be given Neamathla for improvements relinquished by him. Proclaimed January 2, 1824. 2 Treaty made at Paine's Landing, May 9, 1832. Seminole Indians relinquish to United States all lands they occupy in Territory of Florida. Agree to emigrate west of Mississippi River, an additional tract being added for them to Creek country. Delegation to be sent to examine territory. (Art. 1 Report of Indian Commissioner, 1886, pp. Ixxii-lxxiii. 2 United States Statutes at Large, Vol. VII, p. 224. INDIAN TERRITORY UNION AGENCY. 409 1.) United States to pay $15,400, to be divided proportionately between chiefs and warriors of their several towns. (Art. 2.) Blanket and homespun suit given to each emigrant on arrival at Creek country. (Art. 3.) Blacksmith provided according to article 6, preceding treaty, to be continued for ten additional years, and $3,000 paid for fifteen years after removal of whole tribe. (Art. 4.) United States to take the cattle belonging to Seminoles and pay in money or stock on their arrival west. (Art. 5. ) Demands for damages by Seminoles to the amount of $7,000 to be paid. (Art. 6. ) Seminoles to move within three years. To be subsisted for twelve mouths. (Art. 7.) Removal to take place within 1833 and 1835. (Art. 8.) Proclaimed April 12, 1834. 1 Ti'ealy with the Appalachicola land of Indians, made at Tallahassee, Fla., October 11, 1832. Blunt and successor to Tuskihajo surrender their reservation on the Appalachicola River, set apart for them in the preceding treaty, and agree to remove with their followers, two hundred and fifty-six souls, west of the Mississippi, beyond the limits of the United States. (Art. 1.) Sum of $3,000 in cash paid down and $10,000 for the subsequent removal of the whole party. (Art. 2.) Indians to remove, if possible, within one year, certainly within two. Portion of annuity provided in article 3 of treaty of April 18, 1823, to continue to these chiefs. (Art. 3.) Proclaimed February 13, 1833. 2 Treaty made at Fort Gibson, March 28, 1833. Tract of land between the Canadian River and its north fork, in the Creek country, set apart for Seminole Indians. Nation agrees to remove to that location. Indians request that Major Phagan superintend removal. Proclaimed April 12, 1834. 3 Treaty with the Appalachicola band, made at Pope's, Fayette County, Fla., June 18, 1833 Indians relinquish reservation set apart by treaty of September 18, 1823, on the Appa lachicola River. (Art. 1.) United States to convey in three years by patent to Mulatto King and head chief of Emathlochee's band a section and a half each, to be laid off in accordance with public surveys under the direction of the President, so as to embrace their fields and improvements. Chiefs may dispose of said land before three years, but as soon as the Seminoles shall have gone west of the Mississippi the United States to withdraw protection, and Indians to become subject to government and laws of Florida. (Art. 2. ) Proportion of annuities provided in article 3 of treaty of September 18, 1823, to be paid this band. If hereafter chiefs elect to sell their pat ented land and go west of the Mississippi they must defray their own expenses; but if they surrender land to the United States they may receive $3,000 and become parties to the provisions of the treaty of May 9, 1832. (Art. 3.) Proclaimed February 12, 1834. 4 Treaty between United States, Creeks, and Seminoles, made at CreeJc Agency, January 4, 1845. Whereas article 4 of Creek treaty of 1833 provides that the Seminoles %hall be con sidered as a part of the Creek Nation, and a permanent home secured in the Creek country, and a large portion of the Seminoles having refused to submit to Creek gov ernment, and these Semiuoles having settled on lands secured to other tribes to the 1 United States Statutes at Large, Vol. VII, p. 368. - Ibid., p. 377. 3 lbid., p. 423. * I bid., p. 427. 410 INDIAN EDUCATION AND CIVILIZATION. detriment of said tribes: This treaty is made to reconcile all difficulties between the Creeks and Seminoles respecting location and jurisdiction. (Preamble.) Creeks agree that Seminoles shall be entitled to settle in Creek country. Seminoles to make their town regulations subject to general control of Creek council, in which they shall be represented. Each tribe to manage its own money affairs and neither to interfere with the other. (Art 1.) All Seminoles to permanently settle in Creek country. (Art. 2.) Contested cases between two tribes subject to decision of Presi dent of United States. (Art. 3.) Additional annuity of $3,OCO for education allowed Creeks for twenty years. All educationarfunds, including above, to be under the direction of the President. (Art. 4.) Rations to be issued to Seminoles removing, and tribes to be sustained for six months. Those in Florida allowed twelve months wherein to remove. (Art. 5.) Sums provided in articles 2 and 4 of treaty May 9, 1832, to be paid as stipulated, and additional $2,000 for fifteen years. (Art. 6.) Sum of $1,000 per annum for five years and agricultural implements given in satisfaction of all claims for property abandoned in Florida. (Art. 7.) Boundary bet ween Creeks and Seminoles distinctly marked. (Art. 8.) Treaty amended March 6, 1845. Proclaimed May '28, 1845. l Treaty made with the United States, Creeks, and Seminoles, at Washington, August 7, 1856. 3 See Creek treaties, same date, p. 405. Treaty made at Washington, March 21, 1866. Amnesty granted and annuities restored, the provisions made being generally the same as those of the treaties with the Creeks of June 14, 1866, except article 3, in which they cede to the United States a tract of land containing 2,169,080 acres ceded to them by the Creek Nation in the treaty of August 7, 1856, the United States to pay the sum of $325,362, being at the rate of 15 cents an acre, and to grant to the Seruinoles a portion of the territory purchased from the Creeks, for which the Semi- iioles pay $100,000, to be deducted from the sum received for their lands. Balance due to be paid in the following manner : The sum of $30,000 under direction of the Secretary of the Interior for improving farms; $20,000 for stock, seed, and agricultural implements; $15,000 for the erection of mill; $70,000 at 5 per cent, interest, $50,000 of which will be a permanent school fund, interest on the remaining $20,000 for the support of the Seminole government; $40,362 for subsisting said Indians ; $50,000 for the payment of losses sustained by loyal Seminoles during late War, said losses to be ascertained by a board of com missioners. Seminole district. Beginning on Canadian River, at the line dividing the Creek lands, according to their sales to the United States by treaty of February 6, 1866, north on said line to the North Fork of Canadian, up said fork to a distance sufficient to make 200,000 acres by running due south to the Canadian River ; thence down said Canadian River to place of beginning. Proclaimed August 16, 1866. 3 For Creek agreement of February 14, 1881, and act of Congress confirming the same, See Creek treaties. 'United States Statutes at Large, Vol. IX, p. 821. *IMd. } Vol. XI, p. 699. s lbid., Vol. XIV, p. 755. CHAPTER XIV. BESERVATIONS OF IOWA, KANSAS, AND MICHI GAN. IOWA. For the early history of the Territory from which Iowa was formed, see Dakota. Organized as a Territory June 12, 1838 5 1 admitted as a State March 3, 1845. 2 The Indians that formerly dwelt here, the Sacs and Foxes, Otoes, loways, and Sioux, have all been removed ; the Sacs and Foxes contend ing by force of arms for their old home here and in the adjoining east ern States, under the leadership of Black Hawk. A portion of the Sac and Fox tribe purchased the only reservation in the State. Has one reservation, the Sac and Fox, containing a united area of 1,258 acres. This land was purchased by the tribes residing there. Total Indian population, 280. The Sac and Fox Agency has charge of the reservation of that name. SAC AND Fox AGENCY. [Post-office address: MOD tour, Tama County, Iowa.] SAC AND FOX RESERVATION. How established. By purchase. See act of Congress, March 2, 1867. (United States Statutes, Vol. XI Y, p. 507.) Deeds, November, 1876, 1882, 1883. 3 Area and survey. Contains 1,258 acres. Survey not reported. 3 Acres cultivated. Two hundred and twenty-five reported in L886. 4 Tribes and population. Pottawatomies, Sacs and Foxes of the Missis sippi, and Winnebagoes. Total population, 380. 5 Location. Located in Tama County, Iowa, the land held in trust for them by the Governor of the State of Iowa. Individual Indians also own 85 acres in their own right. This tract of land is about one-third timber, and the balance good grazing and farming laud, though subject to overflow in time of high water. Government rations. None issued. 1 United States Statutes, Vol. V, p. 235. 2 Ibid., p. 742.. 3 Report of Indian Commissioner, 1886, p. 385. 4 /6id., p. 430. IMd., p. 400. 411 412 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support. 1 School population as estimated in 1886 was 80 Day-school accommodation 40 Average attendance 12 Day-school, cost to Government $350 In session (months) 5 Missionary work. Xot reported. By act of Congress (Indian appropriation act), March 2, 1867, pro vided, that the band of Sacs and Foxes of the Mississippi, now in Taina County, Iowa, shall be paid pro rata, according to their numbers, of the annuities, so long as they are peaceful and have the assent of the government of Iowa to reside in that State. 2 KANSAS. For the early history of the Territory from which Kansas was formed, see Dakota. Organized as a Territory May 30, 1854; 3 admitted as a State June 29, 1861. 4 The Indians originally occupying this locality are all removed to the Indian Territory. Those holding reservations at the present time were placed there by the United States when this region was known as the Indian Territory. Act of March 3, 1863. 5 ******* SEC. 4. And be it further enacted, That the President of the United States be, and is hereby, authorized to enter into treaties with the several tribes of Indians, respectively, now residing in the State of Kansas, providing for the extinction of their titles to lauds held in common within said State, and for the removal of such Indians of said tribes as hold their lands in common to suitable localities, elsewhere within the ter ritorial limits of the United States, and outside the limits of any State. There are three reservations, containing an aggregate area of 109,828.03 acres. The Indian population is 1,318. There is one agency, the Pottaw atomic and Great Nemaha, having charge of the Chippewa and Munsee, Kickapoo, and Pottawatomie Reservations and the Iowa and Sac and Fox Eeservations, partly in Nebraska. POTTAWATOMIE AND GREAT NEMAHA AGKENCY. G [Post-office address, Silver Lake, Pottawatomie County, Kans.] CHIPPEWA AND MUNSEE RESERVATION. How established. By treaty of July 16, 1859. 7 Area and survey. Contains 4,395 acres, of which 4,000 are classed as tillable. 8 Surveyed. 9 1 Report of Indian Commissioner, p. xcii. 2 United States Statutes, VoL XIV, p. 507. *IUd., Vol. X, p. 277. * Ibid.. Vol. XII, p. 126. 5 lbid., chap. 99, p. 793. 6 For Pottawatomie treaties, see Pottawatomie Reservation Indian Terrtory. 7 For treaty, see Chippewa treaty, same date Michigan. 8 Report of Indian Commis sioner, 1884, p. 310. 9 Ibid., p. 261. KANSAS POTTAWATOMIE AND GREAT NEMAHA AGENCY. 413 Acres cultivated. The Indians have under cultivation 1,000 acres. 1 Tribes and population. The tribes living here are the Chippewa and Munsee. Population, 101. 2 Location. Franklin County, on allotted lands which they hold by certificate title. 3 No statistics of agency government or of Government schools given for this reservation. LIST OF TREATIES WITH MUNSEE INDIANS. Treaty with the Munsee Indians, July 4, 1805. 4 See Chippewa, July 4, 1805 Michigan. Treaty with the Munsee Indians, October 27, 1832. 5 See Menomonee treaty, October 27, 1832 Wisconsin. Treaty with the Munsee Indians, January 15, 1838. 6 See treaty with New York Indians, January 15, 1838 New York. Treaty with the Munsee Indians, September 3, 1839. 7 See Stockbridge treaty, September 3, 1839 Wisconsin. Treaty with the Munsee Indians, February 5, 1856. 8 See Stockbridge treaty, same date. Wisconsin. Treaty with the Munsee Indians, July 16, 1859. 9 See Chippewa treaty, same date Michigan. KICKAPOO RESERVATION. How established. By treaty of June 28, 1862. Area and survey. Contains 20,273 acres, 10,136 of which are classed as tillable. 10 Surveyed. 11 Acres cultivated. The Indians have under cultivation 2,550 acres. 12 Tribes and population. The tribes living here are the Kickapoo. Population, 32 1. 13 Location. In Brown County, Kans. Nearly all the land excellent for farming. The interest on trust money supports school, and blacksmith shop. No statistics of agency government reported. Deport of Indian Commissioner, 1886, p. 430. *Ibid., p. 400. 3 Ibid., p. 162. 4 United States Statutes at Large, Vol. VII, p. 87. & Ibid., p. 409. *Ibid., p. 550. 7 Ibid., p. 580. 8 Ibid., Vol. XI, p. 663. Ibid., Vol. XII, p. 1105. 10 Report of Indian Commissioner, 1884, p. 310. u Ibid.,, p. 261. 12 Ibid., 1886, p. 430. i3 Ibid., j). 400. 414 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support. School population, as estimated in 1886 50 Boarding-school accommodations - 30 Average attendance 22 Boarding-school cost 1 $2, 218. 86 In session (months) 11 Missionary worTc. Not reported. SYNOPSIS OF KICKAPOO TREATIES. Treaty ivith Kickapoo and other tribes, made at Greenville, Ohio, August 3, 1795. 2 See Chippewa treaty, August 3, 1795, p. 421. Treaty ivith Pottawatomie and other tribes, made at Fort Wayne, Ind., June 7, 1803. 3 See Delaware treaty, June 7, 1803. Treaty with Kickapoo and oilier tribes, made at Fincennes, August 7, 1803. Indians agree to article 4, preceding treaty, at Fort Wayne. Proclaimed December 23, 1803. 4 (Piaukasha, Kaskaskia, Wyandotte, Eel River.) (See treaty with Kaskaskias.) Treaty ivith KicJcapoos, made December 9, 1809. 6 Cessions confirmed in article 9, treaty of September 30, 1809. (See Delaware treaty, September 30, 1809, p. 375.) Permanent annuity of $400 and $800 in goods. (Art. 1.) Also cede laud on Wabash and Verinillion Eivers. Further annuity of $100 and $700 in goods. Cession and payment, condition on consent of Miamis. (Art. 2.) Payments and right to hunt on ceded territory as to treaty of Greenville, August 3, 1795. (Art. 3.) See Chippewa treaty, Augusts, 1795, p. 421. Treaty with the Kickapoo Indians, made at Portage des Sioux, September 2, 1815. 6 A similar treaty to the Sioux treaty of July 19, 1815. See page 262. Treaty with the KicJcapoo and Wea Indians, made at Fort Harrison, Ind., June 4, 1816. 7 See Wea treaty, June 4, 1816. Treaty ivith the Kickapoo Indians, made at Edwardsville, III., July 30, 1819. Indians cede their claim to lands east and west of Wabash River, and all territory on Illinois and Mississippi Rivers. (Arts. 1 and 10.) Former treaties confirmed. (Art. 2.) Protection of United States acknowledged. (Art. 3.) United States re leased from all obligations imposed by former treaties. (Art. 4.) Sum of $2,000 paid for fifteen years (Art. 5), and $3,000 worth of merchandise given. Tract granted on Osage River. (Art. 6.) Peaceable possession against intruders granted. (Art. 7.) Two boats furnished for removal on Illinois River. (Art. 8.) Protection granted. (Art. 9.) Proclaimed January 13, 1821. 8 1 Report of Indian Commissioner, 1886, p. xcii. 2 United States Statutes at Large, Vol. VII, p. 49. s lbid., p. 74. *Ibid., p. 77. *Ibid., p. 117, *Ibid., p. 130. 7 Ibid., p. 145. 8 Ibid., p. 200. KANSAS POTTAWATOMIE AND GREAT NEMAHA AGENCY. 415 Treaty with the Kickapoo Indians of the Vermillion River, made at Fort Harrison, August 30, 1819. Indians cede all land on the Wabash River and its tributaries. (Art. 1.) Land claimed by these Indians defined. (Art. 2.) Also relinquish annuity of $1,000. Pay ment of $2,000 for ten years, and $3,000 now received. (Art. 3.) Proclaimed May 10, 1820. l Treaty with the Kickapoo Indians, made at St. Louis, July 19, 1820. Lands set apart on the Osage to be held and possessed in like manner as lands ceded in article 1, treaty of July 30, 1819. Proclaimed January 13, 1821. 2 Treaty with the Kickapoo Indians of the Vermillion River, made at Vincennes, September 5, 1820. Annuities secured by treaty of August 30, 1819, to be hereafter paid to Kaskaskias in Illinois. (Art. 1.) Two thousand dollars in lieu of annuity for 1821 to enable the Kickapoos to remove. (Art. 2.) Proclaimed January 8, 1821. 3 Treaty with the Kickapoo Indians, made at Castor Hill, Mo., October 24, 1832. Indians cede tract of land on Osage River, and all claims to land in Missouri. (Art. 1.) United States to provide land on the Missouri near Fort Leaven worth, as long as they remain a tribe. (Art. 2.) Sum of $18,000 paid, $12,000 of which shall be applied to debts (Art. 3) ; $5,000, for nineteen years (Art. 4) ; $1,000 for blacksmith, for five years (Art. 5) ; $3,700 for mill and church (Art. 6) ; $500, for ten years, for support of school (Art. 7); $3,000 for farming implements (Art. 8) ; $4,000 for improvements on ceded lands (Art. 9); $4,000 in stock (Art. 10) ; $6,000 in merchandise, assistance in remov ing, and one year's provisions. (Art. 11.) Boundary line to be run within three years. (Art. 12.) Commission appointed to visit reservation which may be ex changed for land near the Nernaha River. (Art. 13.) Proclaimed February 13, 1833. 4 Supplementary article, made at Fort Leavenworth, November 26, 1832. Commission report boundaries of land selected. 5 Treaty with the Kickapoo Indians, made at Washington, May 18, 1854. Cessions. Indians cede land on Missouri River, but reserve 150,000 acres in western part where suitable. Selection to be made within six months. (Art. 1.) Payments. Sum of $300,000 paid as follows : $100,000 invested at 5 per cent, for education ; $25,000 in 1854 ; $20,000 for two years ; $14,000 for two years ; $9,000 for six years ; $7,000 for four years ; $5,000 for five years ; in all, twenty years. (Art. 2.) Survey and allotment. President to survey and allot reservation. Patents to be issued. Congress to impose restrictions. (Art. 3.) Compensation made for improve ments on ceded lands. (Art. 4.) Roads. Right of way granted for authorized roads on same terms as through lands of citizens. Railroads to compensate in money. (Art. 7.) United States released from all claims under previous treaties. (Art. 8.) Grants to individuals. (Art. 6.) Individual debts not to be paid from general funds. (Art. 5.) Intoxicating liquors not to be introduced. (Art. 9.) President and Senate to make such provisions as shall be most beneficial to Indians. (Art. 10.) Proclaimed July 17, 1854. 6 1 United States Statutes at Large, Vol. VII, p. 202. 2 Ibid., p. 208. *Ibid., p. 210. *Ibid., p. 391. 6 Ibid., p. 393. 6 Ibid., Vol. X, p. 1078. 416 INDIAN EDUCATION AND CIVILIZATION. Treaty ivith the Kickapoo Indians, made at the Kickapoo Agency, June 28, 1862. Reservation to be surveyed. (Art. 1.) Census to be taken. Tribe classified into those who desire to hold land in severalty and those who wish to hold land in com mon. Those desiring land in severalty to have, each head of a family 160 acres, each other person 40 acres, to include improvements and a reasonable portion of timber. Chiefs, one-half section. Certificates to be issued. (Art. 2.) Any male adult or head of family able to control his affairs and to so satisfy the President, and upon proof in a district court of the United States of civilized life and support of family for five years, shall become a citizen of the United States, receive a patent in fee simple, and also his proportion of tribal credits, principal and interest. (Art. 3.) To those desiring land in common shall be set apart a quantity of land sufficient to give each individual an amount, as in article 2, said persons to relinquish all claim to land taken in severalty and proceeds of sale thereof. Should they decide to move to Indian country, they may occupy a tract as large as can be purchased by the sale of present lands at $1.25 per acre, selection and purchase to be made by Indian Commissioner, and removal at cost to the United States. (Art. 4.) After apportionment between the above two classes, remainder of reservation to be sold. (Art. 1.) Atchison and Pike's Peak Eailroad to be permitted to purchase residue of land within six months under cer tain provisions. (Arts. 5, 6.) Kickapoos who have been residing south may return within one year and receive benefit of this treaty. (Art. 10. ) Following tracts re served : Six hundred and forty acres as site for mill, 320 acres where the mission-house is, 160 where the agency is. These tracts to be disposed of as provided by law, when the purposes have been accomplished for which they were reserved. (Art. 11.) Sur veys to be paid for out of proceeds of sales. (Art. 13.) All right, title, and interest of Kickapoos in their present reservation ceded to and vested in the United States, subject to the limitations and the purposes herein expressed and provided for. (Art. 14.) Stipulations of former treaties inconsistent with foregoing articles to have no force. (Art. 15.) Proclaimed May 28, 1863. l POTTAWATOMIE RESERVATION. How established. By treaties of June 5, 1846, November 15, 1861; treaty of relinquishment, February 27, 1867. 2 Area and survey. Contains 77,358 acres, of which 29^119 acres are classed as tillable. 3 Surveyed. 4 Acres cultivated. The Indians have under cultivation 3,100 acres. 5 Tribes and population. The tribes living here are the Prairie band of Pottawatomies. Population, 554. 6 Location. Jackson County, Kans., well watered by two large creeks and several small streams fed by springs. 7 The interest on trust money supports schools, shops, etc. School population, attendance, and support. School population, as estimated in 1886 60 Boarding-school accommodations 30 Average attendance 24 In session (months) 11 Cost 8 $4,254.39 Missionary work. Not reported. 1 United States Statutes at Large, Vol. XIII, p. 623. 2 For treaties, we Potta- watomie treaties, Pottawatomie Indian Territory. 3 Report of Indian ommis- sioner,1884,p.310. 4 JMd.,p.261. *IUd., 1886, p. 430, <*7&id.,p.400, p. 216. *2Ud., p. xcii. MICHIGAN MACK1NAC AGENCY. 417 MICHIGAN. Organized as a Territory in 1805, and admitted as a State, January 26, 1837. The Indians formerly living in this region were the Chippewas, Potta- watomies, and Ottawas. A portion of them still remain, and others are to be found in Kansas and the Indian Territory. There are three reservations, having an aggregate area of 66,332 acres. The Indian population is 7,868. There is one agency, the Mackinac, having in charge the Isabella, the L'Anse, and the Ontonagon Beservations. The Indians of Michigan are all citizens ; are voters and eligible to hold office. They are not known or recognized by tribal relations, either by State laws or treaties, and in every respect, so far as the rights of citizenship are concerned, they stand on an equality with the whites. While no tribal relations exist, yet the Indians annually elect certain of their number, whom they call chiefs or headmen, whose duty it is to transact all business with the Government or the Indian agent, sign all papers and stipulations, which they consider as binding upon the band. 1 MACKINAC AGENCY. [Post-office address: Flint, Genesee County, Mich.] ISABELLA RESERVATION. How established. By Executive order, May 14, 1855 ; treaties of Au gust 2, 1855, and of October 18, 1864. Area and survey. Contains 11,097 acres. 2 Surveyed. Acres cultivated. Eight hundred and eighty-six acres in 1886, 3 Tribes and population. The tribes living here are the Chippewas of Saginaw, Swan Creek, and Black Kiver. Population, 2,500. 4 Location. In Isabella County, Mich. The Indians of this band are scattered all over northern Michigan, mingled with other bauds. Large numbers of them have gone west, and many of them have gone to Canada. Certain land speculators claim title to very much of the lands that were never patented, also claim to have titles to the lands that have been patented by restricted patents. A large amount of land on the reservation, some of which are vacant lands, and some of which have been patented by restricted patents, are cov ered by tax titles, thus intimidating and preventing the Indans from improving the land, although as a matter of fact and law these claims of title are not valid ; but the effect upon the Indian is the same as though they were. Several suits have lately been commenced in the United States court against various parties charged with trespasses, for the purpose of recovering for the Indians and the Government that to which they are justly entitled. 5 School population, attendance, and support. 6 School population for Mackinac Agency, estimated in 1886, was 1,000. 1 Report of Indian Commissioner, 1886, p. 165. 2 Ibid., 1884, p. 260. 3 IUd., 1886, p. 167. 4 IUC,., 1884, p. 292. ^IUd., 1886, p. 167. iud., p. xciv. S. Ex. 95 27 .418 INDIAN EDUCATION AND CIVILIZATION. School. Accommo dation. Average attendance. Session. Cost. 40 29 Months. 10 $400 00 40 14 10 400 00 Iroquois Point day ..... ...... 50 2 Q 266 30 40 15 12 384 78 20 12 10 400 00 Middle Village day 40 18 10 400 00 40 13 10 400 00 Naubetung dav ...... 40 g 10 400 00 Uepissing day .... .. 30 g 10 400 00 40 10 9 400 00 Missionary work. Methodists, Kotnan Catholics, and Presbyterians have missions among these Indians. Isabella Reserve. 1 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, December 11, 1854. SIR : I inclose a copy of a letter from Messrs. George Smith and P. O. Johnson, mis sionaries of the Methodist Episcopal Church in Michigan, addressed to Kev. Dr. Dur- bin, and by him forwarded to this office, in relation to certain desired reservations of public lands. In consideration of certain contemplated arrangements with the Indians in Michi gan during the ensuing spring, I have to ask that you reserve from public sale the lands designated in the letter of Messrs. Smith and Johnson. I have also received a communication from the Rev. J. P. Durbin, corresponding secretary of the Missionary Society of the Methodist Episcopal Church, asking for an additional reservation of lands near Iroquois Point, back from the lake. For the reasons above, I concur in the request, and ask that several additional sec tions to those already reserved be made of the lands in the vicinity of Iroquois Point. Very respectfully, your obedient servant, GEO. W. MANYPENNY, Commissioner. JOHN WILSON, Esq., Commissioner of General Land Office. GENERAL LAND OFFICE, December 20, 1854. SIR : I have the honor to transmit a communication from the Commissioner of Indian Affairs, addressed to this office, bearing date the llth instant, and its inclosure, recom mending, for reasons stated, the withdrawal from market and reservation for Indian purposes the lands in Isabella County, Michigan, or so much thereof as may be deemed expedient. The pink-shaded lines on the inclosed printed map show the limits of Isabella County, covering, according to the maps of this office, townships 13, 14, 15, and 16 north, of ranges 3, 4, 5, and 6 west of the Michigan meridian, in the Ionia district, the whole of which are requested to be reserved, and the numbers 1, 2, 3, 4, 5, 6 placed on certain townships, show the order of the preference to be given should it be de termined to reserve less than the east half of the county. From an estimate just made at this office it appears that only about two- ninths of the whole surface has been disposed of, although three of the townships have been in market since 1833, and the balance since 1840. 1 Eeport of Indian Commissioner, 1886, p. 330. MICHIGAN MACKINAC AGENCY. 419 As regards the conditions mentioned in the Rev. George Smith's letter (among the papers), that the reserve be made "for the Chippewa Indians of Michigan, to be pur chased under the direction of the missionary society," etc., I have to remark that no such privilege could, in my opinion, be given without legislation of Congress. I am, very respectfully, your obedient servant, JOHN WILSON, Commissioner. Hon. ROBERT MCCLELLAND, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, April 12, 1855. SIR: I have the honor to submit herewith two letters from the Commissioner of the General Land Office in relation to the withdrawal of certain lands in Michigan from sale with a view to the benefit hereafter of certain Indian tribes, in accordance with the intimations of the. Indian Office. The first letter, that of the 20th of December last, has reference to lands in Isabella County, Mich., and that of the 10th instant to land in a new county, called Em- mett, in the same State, the former county containing sixteen and the latter twenty- seven townships and fractional townships, and the withdrawal appears to be desired by the Indian Office "in consequence of certain contemplated arrangements with the Indians in Michigan during the present spring." The matter connected with the let ter of the 20th December has been delayed, waiting more specific information from the Indian Office as to the specific land wanted, which is supplied by this letter of the 10th instant from. that office. The philanthropic policy of furnishing these Indians, who are desirous of becoming cultivators of the soil, with land for that purpose, to the greatest possible extent sep arated from evil example or annoyance of unprincipled whites, who might be disposed to settle in their vicinity, or within their midst, after farms already opened by them had rendered the surrounding land more valuable is apparent, and I have no hesita tion in recommending your sanction to the withdrawal of the lands indicated in each of said communications from the Laud Office,- but it must be with the express under standing that no peculiar or exclusive claim to any of the land so withdrawn can be acquired by said Indians, for whose future benefit it is understood to be made, until after they shall by future legislation be invested with the legal title thereto. With much respect, your obedient servant, R. MCCLELLAND, Secretary. The PRESIDENT OF THE UNITED STATES. [Indorsement.] MAY 14, 1855. Let the withdrawal of all the vacant land in Isabella County be made with the ex press understanding contained in the letter of the Secretary of the Interior to me of the 12th instant. FRANKLIN PIERCE. (Superseded by treaty of August 2, 1855, with Chippewas o.Saginaw, Swan Creek, and Black River, 11 Statutes, 633. ) L'ANSE RESERVATION. How established. By treaty of September 30, 1854. Area and survey. Contains 52,684 acres. 1 Surveyed. 1 Report of Indian Commissioner, 1884, p. 260. 420 INDIAN EDUCATION AND CIVILIZATION. Acres cultivated. Not reported separately. Tribes and population. The tribes living here are the L'Anse, Yieux de Sert bands of Chippewas of Lake Superior. Total population, 1,000.! Location. In the north-western part of Michigan. There are about sixteen sections of the land, valuable for deposit of slate stone. The reservation lies too far north for winter wheat, but the Indians raise spring^crops successfully. They are in every way self-supporting. 2 School population and accommodation not reported separately. (See Isabella Eeservation.) ONTONAGON RESERVATION. How established. By treaty of September 30, 1854 (6th clause, 2d art.); Executive order, September 25, 1855. Area and survey. Contains 2,551 acres. 3 Surveyed. Acres cultivated. Not reported separately. Tribes and population. The tribes living here are the Ontonagon baud of Ohippewas of Lake Superior. Total population, 79. 4 Location. In the north-western part of Michigan. The people are self-supporting. School population and accommod ation not reported separately. (See Isabella Eeservation.) SYNOPSIS OF TREATIES WITH THE CHIPPEWA INDIANS. Treaty witli the Wyandotte, Delaware, Chippewa, and Ottawa Indians, made at Fort Wln- tosh, January 21, 1785. 5 Three chiefs, one Wyandotte and two Delaware, to be retained until tbe restoration of prisoners. (Art. 1.) Protection of United States acknowledged. (Art. 2.) Bound ary fixed between United States and Wyandottes and Delawares as follows : Begin ning at the mouth of the Cayahoga River, up said river to portage, between that and Tuscarawas branch of Muskingum, down said to forks at crossing above Fort Law rence, next to portage of Big Miami, along portage to the Great Miami or Ome, thence down on the south-east side of same to its mouth, thence along south shore of Lake Erie to place of beginning. (Art. 3.) Reservations 6 miles square reserved by the United States as trading posts at the mouth of the Miami, at the portage of the Big Miami, at Sandusky Bay and lower rapids of the river. (Art. 4.) No citizens to settle on Indian lands on pain of forfeiture of protection of United States. (Art. 5.) Claim to all land east, south, and west of boundary relinquished. (Art. 6.) Six miles along west bank of Detroit River reserved to use of United States. (Art. 7.) Also 12 miles square at post of Michillimachenac reserved for United States. (Art. 8.) Robbers and murderers to be delivered to United States. (Art. 9.) United States commissioners to distribute goods to tribes in treaty at time of signing same. (Art. 10.) Three Delaware chiefs who fought for the United States to be received and restored to their rank by the Delaware Nation, and they and their families to enjoy their por tion of the land. (Separate article.) 1 Report of Indian Commissioner, 1884, p. 292. 2 Ibid., 1886, p. 166. 3 Ibid., p. 260. 4 /&id., p. 400, 5 United States Statutes at Large, Vol. VII, p. 16. MICHIGAN MACKINAC AGENCY. 421 Treaty with the Chippeica, Wyandotte, Delaware, Ottawa, Pottawatomie, and Sac Indians, made at Fort Harmer, on the Muskingum, North-west Territory, January 9, 1789. Prisoners restored. Two Wyandotte hostages held for fulfillment of this agreement. (Art. 1. ) Boundary lines and cessions of preceding treaty confirmed, and ,$6,000 worth of goods acknowledged. (Arts. 2, 10, 11,12, and 15.) United States relinquishes to said tribes lands lying between boundaries. Indians not to sell except to United States. (Art. 3.) Indians to hunt peaceably on ceded territory. (Art. 4.) Any In dian committing robbery or murder on citizens or other Indians to be punished by the United States. Citizens guilty of like offenses to receive similar punishment. (Art. 5.) Horse-stealing prohibited. (Art. 6.) Trade to be established and persons and property of traders and agents to be protected. Any unlicensed person attempt ing to trade to be delivered up. (Art. 7.) Indians to give notice of any hostile in tention toward the United States. United States to do the same towards Indians. (Art. 8.) No citizen to settle on Indian lands, and said tribes may punish such per sons in such manner as they see fit. (Art. 9.) Friendship renewed. (Art. 13.) Pottawatomies and Sacs taken under protection of United States. (Art. 14.) Wy- andottes claim lands granted, to Shawnees and threaten to dispossess them unless they make peace. Wyandottes claim all country west of Miami boundary to Lake Erie. (Separate article.) Wyandottes to retain without molestation villages on the Rosine River, along the Strait. (Separate article.) Proclaimed September 27, 1789 Treaty with the Chippewas, Wyandottes, Delawares, Shawnees, Ottawas, Pottawatomies, Miamis, Weeas, and Eel River, Kickapoo, Piankashaw, and Kaskaskia Indians, made at Greenville, North-west Territory, August 3, 1795. Hostilities to cease and peace established. (Art. 1. ) Prisoners on. both sides to be restored. (Art. 2.) Boundary line to be as follows: Beginning at the mouth of the Cayahoga River, and running thence up the same to the portage between that and the Tuscarawas branch of the Muskingum ; thence down that branch to the crossing place above Fort Lawrence ; thence westerly to a fork of that branch of the Great Miami River running into Ohio at or near which fork stood Loroinie's store, and where commences the portage between the Miami of the Ohio and St. Mary's River, which is a branch of the Miami which runs into Lake Erie ; thence in a westerly course to Fort Recovery, which stands on a branch of the Wabash; then south-westerly in a direct line to the Ohio so as to intersect that river opposite the mouth of the Kentucky River. Indians cede all lands lying south and east of the boundary line. The fol lowing-tracts were ceded : At Loroinie's store, 6 miles square ; at Girty's town, on the St. Mary's River, 2 miles square; at the head of navigation of the Au-Glaize, 6 miles square ; at Fort Defiance, 6 miles square ; at Fort Wayne, 6 miles square ; 2 miles square about 8 miles west of Fort Wayne ; at the Ouatanon or old Weea towns on the Wabash, 6 miles square ; at the British fort at the foot of the rapids of the Miami, 12 miles square ; at the mouth of the river where it empties into the lake, 6 miles square ; at Saudusky Lake, 6 miles square ; at the lower rapids of the Sandusky River, 2 miles square; and all land about the post of Detroit, Indian title to which has been extinguished by gifts from the French or English governments, and laud between the river Rosine on the south and Lake St. Clair on the north and a line the general course whereof shall be 6 miles distant from the west end of Lake Erie and Detroit River ; and the land about Michillimackinac, and all land on the island and main land adjacent, Indian title to which has been extinguished by French or English governments; also on the mainland north of the post, 6 miles on Lake Huron and 3 miles back; and the De Bois Blanc Island, being a voluntary gift of the Chippewas; at the mouth of the Chicago River, 6 miles square; at the mouth of the Illinois River, 12 miles square ; and at the old Peoria fort, 6 miles square. When boundaries of tracts 1 United States Statutes at Large, Vol. VII, p. 28. 422 INDIAN EDUCATION AND CIVILIZATION. are surveyed, Indian chiefs to attend the survey. Free passage by land and water per mitted from post to post. Free use also of all harbors and mouths of rivers along the lakes. (Art. 3. ) United States relinquish all claim to other Indian lands north of Ohio, east of Mississippi, west and south of Great Lakes, according to line of treaty of 1783, except 150,000 acres near the rapids of the Ohio, the post of Vincennes, on the Wabash, and the lands adjacent, or the landsin possession of French or other white settlers, and the post of Fort Massac, near the mouth of the Ohio ; $20,000 in presents distributed in gifts, and perpetual annuity of $1,000 each to Wyandottes, Delawares, Shawuees, Miamis, Ottawas, Chippewas, Pottawatomies; and $500 each to Kickapoo, Weea, Eel River, Piankashaw, and Kaskaskia Indians. Money may be expended for stock. (Art. 4.) Indians to be protected on their lands and sell only to United States. (Art. 5.) White settlers on Indian lands to be punished in such manner as tribes see fit. (Art. 6.) Indians may hunt on ceded lauds. (Art. 7.) United States to open trade with the Indians. (Art. 8.) Offenders to be delivered up to be punished according to law. Indians to give notice of hostile intentions. (Art. 9.) This treaty to super sede all other treaties. (Art. 10.) Proclaimed December 2, 1795. 1 Treaty with the Chippewas, Delaivares, Ottaivas, Pottawatomies, Munsees, Sliawnees, and Wyandottes, made at Fort Industry, on the Miami of the Lake, July 4, 1805. Protection of the United States acknowledged. (Art, 1.) Boundary line to be a meridian 120 miles west of western boundary of State of Pennsylvania, intersecting the boundary line of the United States on the north and the line pf the Greenville treaty on the south. (Art. 2.) Indians cede all lands lying east of the aforesaid line and bounded southerly and easterly by the treaty of Greenville line and north by the forty-first degree of nortk latitude. (Art. 3.) Perpetual annuity to the Munsees, Delawares and Wyandottes, and to the Shawnees and Senecas residing with the Wyandottes, of $825 annually forever, and $175 in trust from the Connecticut Land Company, proprietors of "Sufferer's Land." (Art. 4.) Ottawas and Chippewas and such of Pottawatomies as reside on the river Huron or Lake Erie have received from aforementioned company $4,000 in hand, and the company has secured to the Presi dent of the United States in trust $12,000, payable in six annual installments of $2,000 each. (Art. 5.) Indians to fish and hunt on ceded territory. (Art. 6.) Proclaimed April 24, 1806. 2 Treaty with the Chippewa, Ottawa, Wyandotte, and Pottawatomie Indians, made at Detroit, November 17, 1807. Indians cede land as follows: Beginning at the mouth of the Miami River of the Lakes, and running thence up the middle thereof to the mouth of the great Au- Glaize River; thence running due north until it intersects a parallel of latitude to be drawn from the outlet of Lake Huron, which forms the river Sinclair ; thence running north-east the course that may be found will lead in a direct line to White Rock, in Lake Huron; thence due east until it intersects the boundary line between the United States and Upper Canada, in said lake ; thence southwardly, following the said boundary line down said lake, through river Sinclair, Lake St. Clair, and the river Detroit, into Lake Erie, to a point due east of the aforesaid Miami River ; thence west to the place of beginning. (Art. 1.) Ottawas receive $3,333.33; Chippewas, same; Wyandottes, $1,666.66; Pottawatomies, same. Also a perpetual annuity to the Ottawas and Chippewas of $800 each, and Wyandottes and Pottawatomies $400 each. (Art. 2.) Annuity may be commuted. (Art. 3.) Blacksmith provided for Ottawas and Chippewas for ten years. (Art. 4.) Hunting and fishing allowed on ceded lauds. (Art. 5.) Eight reservations set apart within ceded land, two on Maumee, one on Miami Bay, one on river Rosine, two on river Rouge, one on lake St. Clair, one to be 1 United States Statutes at Large. Vol. VII p. 49. 2 Ibid., p. 87. MICHIGAN MACKINAC AGENCY. 423 selected by tlio President. (Art. G. ) Protection of the United States acknowledged. (Art. 7.) Proclaimed January 27, 1808. 1 Treaty with the Chippeiva, Ottawa, Wyandotte, Pottawatomie, and Shawnee Indians, made at Brownstown, Mich. , November 25, 1808. Cessions for road 125 feet wide from the rapids of the Miami of Lake Erie to the western line of the Connecticut Reserve, together with 1 mile on each side of the road. Also laud for a road from Lower Sandusky to the boundary established by treaty of Greenville. (Arts. 1 and 2.) President to direct line of roads. (Art. 3.) ludiaus to hunt and fish on ceded lands. (Art. 4.) Protection of United States acknowledged. (Art. 5.) Proclaimed March 3, 1809. 2 Treaty with the Chippewa, Wyandotte, Delaware, Seneca, Shawnee, Miami, Ottawa, and Pot tawatomie Indians, made at Spring Wells, near Detroit, Mich., September 8, 1815. Whereas these tribes were associated with Great Britain in the War of 1812, United States gives peace to the Chippewas, Ottawas, and Pottawatomies. (Art. 1.) Restores all possessions, rights, and privileges that they were entitled to in 1811. Tribes ac knowledge protection of United States. (Art. 2. ) Pardon to those of the other tribes who committed hostilities during the late war. (Art. 3.) Tribes renew and confirm treaty of Greenville, made in 1795, and all subsequent treaties. (Art. 4.) Ratified December 26, 1815 3 Treaty with the Ottawas, Chippewas, and Pottawatomies residing on the Illinois and Mil waukee Elvers, made at Saint Louis, August 24, 1816. (See treaty with Sioux and other tribes, made at Prairie du Chien, August 19, 1825, page 263.) Whereas a dispute exists concerning lands ceded by the Sacs and Foxes on Novem ber 3, 1804, these tribes agree to the cession made by the Sacs and Foxes, and also cede the laud lying between the Fox and Kankakee Rivers and Lake Michigan. Right to hunt and fish retained. (Art. 1.) One thousand dollars in goods paid an nually for twelve years. Goods to be delivered on Illinois River in neighborhood of Peoria. United States relinquish that portion of the cessions made by the Sac and Fox Indians which lie north of the line drawn from the southern extremity of Lake Michigan to the Mississippi River, except three leagues square at the mouth of the Wisconsin, including both banks and such other tracts, the aggregate not to exceeds leagues square on the Mississippi and Wisconsin Rivers, as the President may direct. (Art. 2.) Peace and friendship to exist. (Art. 3.) Proclaimed December 30, 1816. 4 Treaty with the Chippewa, Wyjundotte, Seneca, Delaware, Shaivnee, Pottawatomie, and Ot tawa Indians, made on the Miami of the Lake, September 29, 1817. Wyandottes cede their rights to the land between Lake Erie and the boundary of the Greenville treaty, including the north-western portion of Ohio. (Art. 1.) Potta watomies, Ottawas, and Chippewas cede the north-east corner of the State of Ohio, west of the line of the treaty of 1807. (Art. 2.) Other tribes accede to these ces sions. (Art. 3.) Perpetual annuity granted Wyaudottes, $4,000 ; Senecas, $500; Shawnees, $2,000. For fifteen years to Pottawatomies, $1,300; Ottawas and Chippe was, $1,000. Delawares' payment in hand, $500. Former annuities promised to be paid in specie. (Art, 4.) Grants of land to specified persons permitted. (Art. 5.) Grants 1 United States Statutes at Large, Vol. VII, p. 105. 2 Ilid., p. 112. *Il)id., p. 131. 4 IUd., p. 146. 424 INDIAN EDUCATION AND CIVILIZATION. to be free from taxes. (Art. 15. ) Tract 12 miles square at Fort Ferre, Upper San- dusky, to be patented to nine Wyandotte chiefs and their successors. Similar grant of 30,000 acres to eight Seneca chiefs. Similar grant of 10 miles square at Wapagh- konettato eight Shawnees. Adjoining tract on Hog Creek of 25 miles square to other Shawnee chiefs. Similar grant to three Shawnee and four Seneca chiefs re siding at Lewiston, a tract of 48 miles square near the sources of Li'ttle Miami and Sciota Rivers. Two reservations, one 5 and the other 3 miles square, for the Ottawas, near the Au Glaize and tributaries. (Art. 6.) Portions of said grants may be con veyed with the permission of President. (Art. 7.) Special grants given to specified persons related to said tribes or adopted by them. (Art. 8.) Agent to be appointed for Wyandottes and Senecas, and Delawares of the Sandusky. Also agent for the Shawnees. (Art. 9.) Saw and gristmill on Wyandotte Reservation, and blacksmith for them and for Senecas ; also one for Shawnees on Hog Creek Reservation. (Art. 10.) Indians to hunt and make sugar on ceded land. (Art. 11.) Property of friendly In dians destroyed during War of 1812 to be paid by United States. Wyandottes, $4,319.39; Senecas, $3,989.34 ; Indians at Lewis and Scoutashs towns, $1,227.50 ; Delawares of Greentown and Jerome's town, $3,956.50; to Hembis, a Delaware Indian, $348.50; and to Shawnees, $420, and Senecas additional sum of $219. (Art. 12.) Sum of $2,500 to be paid Wyandottes in behalf of treaty of Fort Industry. (Art. 13.) Right to make roads and establish ferries granted. (Art. 14.) Ottawas, Chippewas, and Pot- tawatoinies cede to Roman Catholic Church of St. Ann and College at Detroit 640 acres on the river Raisin and 3 sections of land to be selected by Indian superinten dent. (Art. 16.) Any Indian improvements on abandoned lands to be paid for. (Art. 17.) Delawares cede land reserved for certain persons of their tribe by section 2 of treaty of March 3, 1807. (Art. 18; see Statutes at Large, Vol. II, p. 448.) Twelve miles square to be patented to two Delaware chiefs, to adjoin the Wyandotte tract. (Art. 19.) Patent to chiefs of Ottawas, 34 square miles on the Miami of the Lake. (Art. 20.) Treaty binding when ratified. (Art. 21.) Proclaimed January 4, 1819. l Supplementary treaty to the former with the Wyandotte, Seneca, Shaivnee, and Ottawa In dians, made at Saint Mary^s^ Ohio, September 17, 1818. Grants to chiefs in articles 6 and 20 of treaty of September 29, 1817, not to be pat ented, but held as Indian reservations. Said tracts to be used by chiefs and their heirs unless ceded to United States. (Art. 1.) Additional reservations for Wyandottes of 71,840 acres near the grants to their chiefs. Sum of 21,760 acres additional res ervation for Shawnees and Senecas adjoining grants to chiefs, north half to Senecas, south to Shawnees, and 10,000 acres on the east side of Saudusky for Senecas. (Art. 2.) Tracts granted in article 8 of preceding treaty not to be conveyed without permission of President of United States. (Art. 3.) Perpetual annuity as follows : Wyandottes, $500; Shawnees, Senecas of Lewiston, $1,000; and to Senecas, $500 ; Ottawas, $1,000. (Art. 4.) Treaty binding when ratified. (Art. 5.) Proclaimed January 4, 1819. 3 Treaty with the Chippewas, made at Saginaiv, Mich., September 24, 1819. Indians cede to United States eastern part of Michigan and headwaters of Thun der Bay River down to its mouth, northeast to boundary line of Canada. (Art. 1.) Following tracts reserved for Chippewas: 8,000 acres east side of Au Sable ; 2,000 acres on the Mesagwisk; 6,000 acres north of river Kawkawling ; 5,760 acres on Flint River ; 8,000 acres at head of river Huron ; one island in Saginaw Bay ; 2,000 acres at Nabobask village; 1,000 acres near the island in the Saginaw River ; 640 acres at the bend of the Huron River; 1,000 acres on the river Huron; 2,000 on Point 1 United States Statutes at Large, Vol. VII, p. 160. 2 Ibid., p. 178. MICHIGAN MACKINAC AGENCY, 425 Augrais River ; two tracts, one 10,000 acres and one 3,000, on the Shawassee River; two tracts of 6,000 acres on the Tetabwasiuk River; 40,000 acres west side of Sagi- naw River. (Art. 2.) Tracts of land reserved to individuals. (Art. 3.) Perpetual annuity of $1,000 in silver. All previous annuities to be paid in cash. (Art. 4.) Rights to hunt and make sugar upon the ceded lands. (Art. 5.) Any improvements abandoned to be paid for. (Art. 6. ) Right of roads reserved to United States. (Art. 7.) Blacksmith and farming utensils and cattle provided, and persons to in struct in agriculture, to be supported at discretion of President. (Art. 8.) Treaty binding when ratified. (Art. 9.) Proclaimed March 25, 1820. 1 Treaty with the Chippewas, at Sault de St. Marie, Mich., June 16, 1820. Indians cede 16 square miles on the St. Mary's River. (Art. 1.) Payment in goods acknowledged. (Art. 2.) Perpetual right to fish at Falls of St. Mary's. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed March 2, 1821. * Treaty with the Chippewa and Ottawa Indians, made at L 'Arbre Croche and at Michili- mackinac, Mich., July 6, 1820. St. Martin Islands in Lake Huron ceded. (Art. 1.) Payment in goods acknowl edged. (Art. 2.) Treaty binding when ratified. (Art. 3.) Proclaimed March 8, 1821. 3 Treaty with the Chippeica, Ottawa, and Pottawatomie Indians, made at Chicago, III., Au gust 29, 1821. Tract of land between the St. Joseph and Grand Rivers and Lake Michigan, gan, ceded. (Art. 1.) The following reserved : Six miles square on Peble River, and like amounts on Mickkesawbe, 4 miles at Natowasepe, 3 miles at Prairie Ronde, and a tract at the head of the Kalamazoo River. (Art. 2.) Grants made to persons named of Indian descent. Said tracts not transferable without consent of President. (Art. 3.) Perpetual annuity to Ottawas of $1,000 ; sum of $1,500 for ten years for support of black smith, teacher, farmer, purchase of cattle and agricultural implements. To Potta- watomies, $5,000 annually for twenty years. For fifteen years, $1,000 for blacksmith and teacher. One mile square north of Grand River and similar tract south of Saint Joseph, upon which blacksmith and teacher to respectively reside. (Art. 4.) In dians to hunt on ceded land. (Art. 5.) Road granted from Detroit and Fort Wayne to Chicago. (Art. 6.) Treaty binding when ratified. (Art. 7.) Proclaimed March 25, 1822. 4 For treaty of August 19, 1825, made at Prairie du Chien, see -Sioux treaty, same date Dakota Territory. Treaty with the Chippeivas, made at the Fond du Lac of Lake Superior, Michigan, August 5, 1826. Treaty made in accordance with article 12 of treaty of August 19, 1825, to the stipu lations of which the Chippewa tribe hereby assent. (Aft. 1.) Boundary between the Chippewas, Winnebagoes, and Menornonies to be fixed in 1827 at Green Bay. (Art. 2.) United States to have the right to search for and carry away metals and minerals. (Art. 3.) Tract granted on St. Mary's River for use of half-breeds. (Art. 4.) Annuity of $2,000 during the pleasure of Congress. (Art. 5.) Under same limitation, $1,000 for support of educational establishment on St. Mary's River. (Art. 6.) The rejec- 1 United States Statutes at Large, Vol. VII, p. 203. 2 Ibid., p. 206. 3 Ibid., p. 207. * Ibid., p. 218. 426 INDIAN EDUCATION AND CIVILIZATION. tion of the fourth, fifth, or sixth article by Senate not to affect validity of other articles. (Art. 7. ) Authority of United States acknowledged. (Art. 8. ) Treaty bind ing when ratified. (Art. 9/$ Certain Chippewas guilty of murder to be surrendered to United States authorities at Sault St. Marie or Green Bay during the coming summer. (Supplementary article.) Proclaimed February 7, 1827. 1 Treaty ivith Chippewa, Menomonie, and Winnebago tribes, at Butte des Morts, Fox River, Michigan Territory, August 11, 1827. 9 Southern boundary of Chippewa country, left undefined by treaty of August 19, 1825, settled. (Art. 1.) Difficulties between Menomonie and Winnebagoes and por tion of New York Indians to the west of Lake Michigan to be referred to President for decision. (Art. 2.) Boundary between the Menomonie tribe and the United States defined. (Art. 3.) Fifteen thousand six hundred and eighty-two dollars worth of goods distributed (Art. 4), $1,000 appropriated annually for three years, and $1,500 so long as Congress thinks proper for the education of children of tribes mak ing treaty and New York Indians. (Art. 5.) United States to punish certain Winne bagoes. (Art. (>.) Treaty binding when ratified. (Art. 7.) Proclaimed February 23, 1829. 3 Treaty ivith the Chippewa, Ottawa, Pottawatomie, and Winnebago Indians, made at Green Bay, Michigan Territory, August 25, 1828. To permit mining the Indians agree that the United States shall occupy the land between the Wisconsin Eiver and Illinois until ceded, and that miners may enter the Indian cojintry. Ferries over Rock River at Fort Clark road and Lewiston. (Art. 1. ) United States agree to pay $20,000 when land is ceded, payment to be made in goods, and to be divided equitably. (Art. 2.) Proclfimed January 7, 1829. 3 Treaty with the Chippewa, Ottawa, and Pottaw atomic of the Illinois, Milivaukee, and Manitoouclc Rivers, at Prairie du Chien, July 29, 1829. Indians cede the land in northern Illinois, between Lake Michigan, Fox and Rock Rivers. (Art. 1.) Perpetual annuity of $16,000 and fifty barrels of salt, $12,000 worth of goods as present. Blacksmith established at Chicago. (Art. 2.) Lands reserved, eleven sections in the vicinity of Fox River. (Art. 3.) Lands granted to specified mixed bloods. (Art. 4.) Claims against the Indians for $11,601 paid. (Art. 5.) Boundary line from Lake Michigan to Rock River surveyed. (Art. 6.) Right to hunt reserved. (Art. 7.) Treaty binding when ratified. (Art. 8.) Proclaimed January 2, 1830. 4 Treaty with the United Nation of Chippewa, Ottawa, and Pottawatomie Indians of Michi gan, made at Chicago, September 26, 1833. Indians cede all land lying on the western shore of Lake Michigan, about 5,000,000 acres. (Art. 1.) Five million acres granted said Indians east of the Missouri and south of Boyer's River. Indians to remove as soon as convenient. United States to defray expenses of a preliminary visit of five chiefs to the country. Removal of Indians to be at expense of United States. To be subsisted one year after removal. Indians to remove immediately from the State of Illinois and remain three years north of the boundary line (Art. 2) ; $100,000 to satisfy individuals to whom lauds are denied and for lands claimed by said Indians ceded by the Meuomonies ; $150,000 1 United States Statutes at Large, Vol. VII, p. 290. 2 Ibid., p. 303. Ibid., p. 315. *Ibid., p. 320. MICHIGAN MACKINAC AGENCY. 427 to satisfy claims against the United States; $100,000 in goods at signing of treaty and during the ensuing year; $14,000 annually for twenty years; $150,000 for the erection of mills and shops and support of employe's ; $70,000 for education. Indians request this to be invested as permanent fund. Special life annuities to be paid. (Art. 3.) Annuities to be paid west of Mississippi. (Art. 4.) Proclaimed February 21, 1835. i Supplementary treaty with same Indiana iiving on reservations south of Grand Biver, Michigan, made at Chicago, September 27, 1833. These bauds cede all their land in the Territory of Michigan south of Grand River. Also forty-nine sections on St. Joseph River. (Art. 1.) These bands to participate in the provisions of preceding treaty and also to receive $10,000 additional to the $100,000 provided in article 3, preceding treaty. Also $25,000 for claims, $25,000 in goods, and $2,000 annuity for twenty years. (Art. 2.) Indians to remove in three years. Until then they may occupy and hunt on the land. (Art. 3. ) Eight chiefs and headmen request permission on account of their religious creed to remove to northern part of Michigan. Granted. They to receive their just proportion of payments and annuities. (Supplementary article.) Grants to individuals named. (Supplement ary article.) Chiefs having visited territory west of Mississippi suggest changes in boundary of their reservation. (Supplementary article.) Treaties amended by Senate. Proclaimed February 21, 1831. 3 Treaty with the Ottawa* and Chippewas, made at Washington, March 28, 1836. Indians cede the land north of Grand River and Thunder Bay River, and boundary between the United States and Great Britain, thence through the St. Mary to a point opposite Chocolate River, thence south to Green Bay and across Lake Michigan to the entrance of Grand River. (Art. 1.) Reservations granted for five years unless longer time is permitted by Congress. On southern peninsula, 50,000 acres on Little Traverse Bay ; 20,000 on Grand Traverse Bay ; 70,000 on Pieire Marquette ; 1,000 on Cheboigan ; and 1,000 on Thunder Bay. (Art. 2.) Those on the northern peninsula are two tracts 3 miles square on the north shore of the straits, and Beaver, Round, Chenos, and Sugar Islands ; 1 mile wide on the north shore of Lake Huron, and 640 acres at Little Rapids; a tract at the mouth of the Pississowiniug River; 640 acres on Grand Island ; 2,000 acres on main-land south of it, and two sections on the northern extremity of Green Bay. Fishing rights of treaty of June 16, 1820, unaffected. (Art. 3.) Annuity for twenty years as follows : Sum of $18,000 to Indians living be tween Grand River and Cheboigan; $3,600 to those living between Cheboigan and Thunder Bay; $7,400 to those north of the straits; $1,000 to be invested in stock for twenty -one years ; for education $5,000 for twenty years or as long as Congress may appropriate; for missions $3,000 on same terms; $10,000 for agriculture, stock, etc.; $300 for medicine ; $2,000 for twenty years to be expended for tobacco, salt, and fish- barrels; $150,000 in goods on ratification of treaty; $200,000 when reservations are surrendered, until then the interest on that sum (Art. 4); $300,000 of debts to be paid under certain regulations. (Art. 5.) Fund of $150,000 set apart for mixed bloods to be disposed of according to stipulations. (Art. 6.) Interpreter and me chanics to be provided at Sault Ste. Marie north of Grand River for twenty years. (Art. 7.) Improvements on mission property valued, and value to be paid to society. Indians may send deputation south-west of Missouri to seek lands. (Art. 8.) Pay ments of cash to mixed bloods in lieu of land. (Art. 9.) Payment to chiefs. (Art. 10.) Annuities granted to chiefs. (Art. 11.) Expenses of treaty paid by United States. (Art. 12.) Right to hunt on ceded lands. (Art. 13.) Amended by Senate. Proclaimed May 27, 1836. 3 1 United States Statutes at Large, Vol. VII, p. 431. *IUd., p. 442. 3 Ibid., p. 491. 428 INDIAN EDUCATION AND CIVILIZATION. Treaty ivith the Swan Creek and Black Elver 'bands of Chippewas, made at Washington, May 9, 1836. Eight thousand three hundred and twenty acres in vicinity of* Lake St. Claire ceded. (Art. 1.) Land to be surveyed and sold ; proceeds to be invested in stock as a permanent fund, interest payable annually, less $10,000 to be paid in ten annual installments. Stock may be sold and proceeds paid to tribe. (Art. 2.) Sum of $25,000 to be advanced and $4,000 worth of^oods plus the freight from New York and expenses of treaty. (Art. 3.) Eight thousand three hundred and twenty acres north west of St. Anthony's Falls granted. (Art. 4.) Proclaimed May 25, 1836. l Treaty with the Saginaiv land of Chippewas, made at Detroit, June 14, 1837. One hundred and forty-two thousand acres of land situated in eastern Michigan near Saginaw Bay and tributaries ceded. (Art. 1.) Indians to remain five years on certain tracts west of Saginaw Bay. No white man to settle thereon under penalty. (Art. 2.) Land to be surveyed and sold. Proceeds of sale invested in stock, interest to be paid annually. After twenty years, stock may be sold and money distributed. (Art. 3.) Expenditure of annuity specified, including $10,000 for support of schools. (Art. 4.) Certain advances made to pay debts, purchase goods, pay for depredations by Indians. (Art. 5.) Bands agree to remove from State of Michigan as soon as proper place is obtained. (Art. 6.) Shops to be continued. (Art. 7.) Payment of $1,000 made for two reservations ceded by Pottawatomies. (Art. 8.) Annuities by former treaties not affected. (Art. 9. ) Iftland not sold within the year United States to advance the annuity and refund from sales when made. (Art. 10.) Expenses of treaty to be paid by United States. (Art. 11.) Proclaimed July 2, 1838. 2 Treaty with the Chippeiva Nation, made at the mouth of St. Peter River, Minnesota, July 29, 1837. Indians cede the land between Crow Wing andbrauches of the Chippewa and Wis consin Rivers. (Art. 1.) Annuities for twenty years, $9,500 in money, $19,000 in goods, $3,000 for shops, $1,000 for agricultural implements, etc., $2,000 in provisions, $500 in tobacco. The cash payment may be made commuted for goods or for the sup port of schools. (Art. 2.) Sum of $100,000 to Chippewa half-breeds (Art. 3) ; $70,000 in payment of claims against Indians. (Art. 4.) Hunting and fishing and rice gathering on ceded territory guaranteed during the pleasure of President. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed June 15, 1838. 3 Treaty ivith Saginaw band of Chippewas, made at Flint River, Michigan, December 20, 1837. Fifty cents per acre to be reserved from the price obtained from land ceded by treaty of January 14, 1837, as a price to buy future residence and form a fund for emi grating thereto. (Art. 1.) A reservation to be set apart near headwaters of Osage River. (Art. 2.) Moneys to be advanced by United States not to exceed $75,000. (Art. 3.) First and second clauses of article 4 and article 10 of treaty, January 14, 1837, hereby abrogated, in lieu United States to pay $5,000 cash and $10,000 in goods dur ing year 1838 and 1839, money to be refunded from proceeds of sale of lands. (*Art. 4.) Payments due dead chiefs to be adjusted by President. (Art. 5.) No pre-emption on land ceded. (Art. 6.) United States to pay expenses of treaty. (Art. 7.) Amended by Senate. Proclaimed July 2, 1838. 4 1 United States Statutes at Large, Vol. VII, p. 503. *IUd., p. 528. *Ibid., p. 536. * I bid., p. 547. MICHIGAN MACKINAC AGENCY, 429 Treaty with Saginaw band of Chippewas, at Saginaw, January 23, 1838. Land ceded by treaty of January 14, 1837, to be offered for sale so as to prevent combination to reduce price. (Art. 1.) Laud remaining unsold within five years to be sold for what it will command, but not less that 75 cents per acre. (Art. 2.) Treaty binding when ratified. (Art. 3.) Amended by Senate. Proclaimed July 2, 1838. 1 Treaty with Saginaiv band of Chippewas, made at Saginaw, February 7, 1839. Tract of 40 acres for light-house at mouth of Saginaw River reserved from sale and bought by United States, at $8 per acre. (Art. 1.) This compact to be confirmed by President and Senate. (Art. 2.) Proclaimed March 2, 1839. 2 Treaty with Saginaw band of Chippewas, made at Saginaw, February 7, 1839. President permitted to change the location of the tract of the light-house. X proclaimed March 2, 1839. 3 >aty with Chippewas of Mississippi and Lake Superior, at La Pointe, Wis., October 4, 1842. Indians cede the land between Chocolate and St. Louis Rivers south of the Portage of the Wisconsin and along the boundary between the Chippewas and Menornouies. (Art.l) Right to hunt on ceded land reserved. (Art. 2.) All unceded lands belong ing to Fond du Lac, Sandy Lake, and Mississippi Chippewas to be common property to parties of this treaty. (Art. 3.) Annuity for twenty-five years as follows : $12,500 cash, $10,500 in goods, $2,000 provisions, $4,200 for shops, $1,000 for two farmers, $2,000 for schools, $5,000 as agricultural fund, $75,000 for extinguishing debts, $15,000 to half-breeds. (Art. 4.) As the whole country between Lake Superior and Missis sippi belonged to Chippewas, hereafter all annuities shall be divided equally between the bands of Mississippi and Lake Superior Chippewas. (Art. 5.) Indians residing on mineral lands to be subject to removal at pleasure of President. (Art. 6.) Treaty binding when ratified. (Art. 7.) Proclaimed March 23, 1843. 4 Treaty ivith the Chippewas, Ottawas, and Pottawatomies, made at Council Bluffs, June 5, and at Osage River, June 17, 1846. The Pottawatomies, known as the Chippewas, Ottawas, and Pottawatomies, the Pottawatornies of the Prairie, the Pottawatomies of the Wabash, and the Pottawa tomies of Indiana, desire to be known as the Pottawatomie Nation. Peace and friend ship to continue. (Art. 1.) Indians cede to United States all lands to which they have any claim whatever. (Art. 2.) United States to pay to said Indians $850,000. (Art. 3.) Tract 30 miles square set apart on the Kansas River, for which the Indians pay to United States $87,000. (Art. 4.) United States to pay $50,000 for abandoned improvements, debts, and purchase of horses and wagons to enable Indians to remove. (Art. 5.) Removal to take place within two years; United States to advance at that time $20,000 to upper bands, $10,000 to lower bands to pay expenses of removing, and $40,000 to subsist all the bands the first twelve months; the aforesaid sums to be de ducted from amount paid by article 3. (Art. 6.) Balance of money to be placed in trust at 5 per cent, and paid as provided. (Art. 7.) School fund to be expended in new country after removal. Improvement fund to be paid at new home. President may pay money in lieu of employing persons. (Art. 8.) Missionary buildings to be 1 United States Statutes at Large. Vol. VII, p. 565. 2 Ibid., p. 578. 3 Ibid., p. 579. 4 Ibid., p. 591. 430 INDIAN EDUCATION AND CIVILIZATION. used for the agency. Shops to revert to Pottawatomies. (Art. 9.) Money heretofore spent for tobacco and iron to be paid in cash. (Art. 10.) Proclaimed July 23, 1846. l Treaty with Chippeivas of Mississippi and Lake Superior, made at Fond du Lac, August 2, 1847. Peace and friendship agreed upon. (Art. 1.) Land ceded lying between Crow Wing, Long Prairie, and Mississippi Rivers. Also tract, conditional to assent of Pil lagers, lying north of Long Prairie River. (Art. 2.) Sum of $17,000 each to Lake Superior and Mississippi River bands of Chippewas; further sum of $1,000 for forty- six years to Mississippi River band who may request schools and shops to be sup ported out of their annual payments. Natives to be employed when competent. (Art. 3.) Mixed bloods to participate in annuities. (Art. 4.) Treaty binding when ratified. (Art. 5.) Amended, April 3, 1848. Proclaimed April 7, 1848. 2 Treaty with Pillager band of Chippewas, made at Leech Lake, August 21, 1847. Peace and friendship agreed upon. (Art. 1.) Land ceded lying between Otter- tail Lake, Long Prairie, Crow Wing, and Leaf Rivers. (Art. 2.) Ceded land to be held as Indian land until otherwise ordered by President. (Art. 3.) Stipulated amount of goods to be given for five years. (Art. 4.) Treaty binding when ratified. (Art. 5.) Proclaimed, April 7, 1848. 3 Treaty with the La Pointe, Ontonagon, VAnse, Vieux de Sert, Fond du Lac, Lac Court Oreille, Lac du, Flambeau, Boise Fort, Grand Portage, and Mississippi bands of Lake Superior, and Mississippi Chippewas, made at La Pointe, Wis., September 30, 1854. Indians cede all their lands lying east of Snake, East Savannah, East Swan, and Vermillion Rivers. Chippewas of Mississippi agree that this cession shall be made, and that money for the laud be paid to Chippewas of Lake Superior. The latter in turn, except Boise Fort band, relinquish all their claim to lands west of the line of cession to the Chippawas of the Mississippi. (Art. 1.) Following reservation set apart for Chippewas of Lake Superior: For L'Anse and Vieux de Sert bands, all un sold lands in townships 51 north, in ranges 31, 32, and 33 west; east half of township 50 north, range 33 west, and west half of township 50 north, range 32 west; for La Pointe band: Beginning on the south shore of Lake Superior a few miles west of Montreal River, at the mouth of a creek called by the Indians Ke-che-se-be-we-she, running thence south to a line drawn east and west through the centre of .township 47 north ; thence west to the west line of said township ; thence south to the south east corner of township 46 north, range 32 west ; thence west the width of two town ships; thence north the width of two townships; thence west 1 mile; thence north to the lake shore ; and thence along the lake shore, crossing Shag-waw-rne-quon Point, to the place of beginning. Also 200 acres on the northern extremity of Madeline Island for a fishing-ground. For the other Wisconsin bands, a tract of land lying about Lac de Flambeau and another tract on Lac Court Oreilles, each equal in extent to three townships, the boundaries of which shall be hereafter agreed upon or fixed under the direction of President. For Fond du Lac bands, a tract of land bounded as follows : Beginning at an island in the St. Louis River above Knife Portage, called by the Indians " Pawpawscome- metig," running thence west to the boundary line heretofore described ; thence north along said boundary line to the mouth of Savannah River; thence down the St. Louis River to the place of beginning. And if said tract shall contain less than 100,000 United States Statutes at Large, Vol. IX, p. 853. 2 Ibid. } p. 904. 3 Ibid., p. 908. MICHIGAN MACKINAC AGENCY. 431 acres, a strip of land shall be added on the south side thereof large enough to equal such deficiency. For Grand Portage band, tract bounded as follows: Beginning a little east of east ern extremity of Grand Portage Bay, running thence along the lake to the mouth of Cranberry Marsh River; thence across to the point to Pigeon River; thence down said river to a point opposite the starting point, and across to place of beginning. The Ontonagon band and subdivision of La Pointe band, of which Buffalo is chief, may each select near the lake shore four sections of land, boundaries of which shall be denned hereafter. It is agreed that Chief Buffalo may select one section of land for his relatives at such place in ceded lands as he 1 may see fit, which lan&shall be conveyed to such persons as he may direct. Mixed bloods over twenty-one years en titled to 80 acres, to be secured by patent. (Art. 2.) President may survey and as sign to each head of a family or person over twenty-one years of age 80 acres. As fast as occupant becomes capable of transacting his own affairs patents may be issued. Restrictions and power of alienation as President may see fit ; may also regulate dis position of abandoned property. President may assign other lands in exchange for mineral lands and make changes in boundaries to prevent" interference with vested rights. All railroads and highways to have right of way through lands, and compen sation to be made therefor. (Art. 3.) For twenty years $5,000 in coin, $8,000 in mer chandise, $3,000 in stock, agricultural implements, etc., $3,000 for education, of which $300 shall be paid per annum to Grand Portage band. Further sum of $90,000 to cancel debts; also $0,000 for agricultural implements, etc., to mixed bloods; also stipulated amounts of arms and ammunition, traps, and clothing to young men. (Art. 4.) In lieu of implements provided by previous treaties to the Chippewas of Lake Superior, a blacksmith and assistant for twenty years to be maintained at each reser vation. (Art. 5.) Annuities not to be taken to pay debts of individuals. (Art. 6.) No liquor to be sold or used. (Art. 7.) Chippewas of Lake Superior to be entitled to two-thirds and Chippewas of Mississippi to one-third of benefits from treaties prior to 1847. (Art. 8.) Arrearages to be paid by Government. (Art. 9.) Missionaries and teachers and other adults to be allowed to purchase one-quarter section of land occupied by them in the ceded territory. (Art. 10.) Annuity payments to be made at L-'Anse, La Pointe, Grand Portage, and St. Louis River. Indians not to be removed from their homes hereby set apart, and may hunt and fish on ceded lands until other wise ordered by President. (Art. 11.) To Boise Fort Indians, who have never re ceived any annuity, and who own exclusively a large part of ceded territory, a gift of $10,000 to meet their debts, and $2,000 annually for five years in goods. They to select their reservation at any time hereafter, under the direction of the President, to be equal in extent in proportion to their numbers as those reservations hereby set apart. A blacksmith and two farmers allowed at the discretion of President. (Art. 12.) Treaty binding when ratified. (Art. 13.) Proclaimed January 10, 1855. x Treaty ivith the Mississippi, Pillager, and WinniUgosUsli bands of Chippewa Indians, made at Washington, February 22, 1855. Indians cede the land lying west of the Vermillion and Big Fork to the Black River, thence southwest to Turtle Lake, to the mouth of Wild Rice River, up the Red River of the North to Buffalo River ; thence to the south of Ottertail Lake, through it to the Leaf River; thence to the Crow Wing, down to the Mississippi, meeting the line of the cession of the treaty of July 29, 1837. Also relinquish any rights they may have in the Territory of Minnesota or elsewhere. (Art. 1.) Following reservations set apart : For Mississippi bands of Chippewas, the first to embrace the following fractional townships: 42 north, of range 25 west ; 42 north, of range 26 west; 42 and 43 north, of range 27 west; and also the three islands in the southern part of Mille Lac. The second, beginning at a point half a mile east of 1 United States Statutes at Large, Vol. X, p. 1109. 432 INDIAN EDUCATION AND CIVILIZATION. Rabbit Lake ; thence south 3 miles ; thence west 3 miles in a straight line to a point 3 miles south of the mouth of Eabbit River; thence north to mouth of said river; thence up Mississippi River to a point north of place of beginning ; thence south to place of beginning. The third, beginning at a point half a mile southwest from south-west point of Gull Lake ; thence south to Crow Wing River ; down said river to the Mississippi ; up said river to Long Lake Portage ; thence in a straight line to head of Gull Lake ; thence south-west in a direct line to place of beginning. The fourth, boundary to be as nearly as possible at right angles, and embrace within them Pokago- mon Lake, but nowhere to approach nearer than half a mile from said lake. The fifth, beginning at mouth of Sandy Lake River; south to point on east and west line 2 miles snth of most southern point of Sandy Lake ; east to a point due south from mouth of West Savannah River; thence north to mouth of said river; thence north to point on east and west line I mile north of northern point of Sandy Lake ; west to Little Rice River ; down said river to Sandy Lake River, and down said river to beginning. The sixth, to include all islands in Rice Lake, and half section of land on said lake to include present gardens of Indians. The seventh, one section of land ,for Hole-in-the-Day, to include his house and farm, for which he is to receive patent, in fee-simple. For the Pillager and Lake Winnibigoshish bands, three tracts, as follows : First, beginning at mouth of Little Boy River; thence up said river to Lake Hassler; through centre of said lake to its western extremity ; thence in a direct line to most southern point of Leech Lake, through said lake so as to include all the islands therein, to the place of beginning. Second, beginning at point where Mississippi River leaves Lake Winnibigoshish ; thence north to the head of first river ; west by the head of the next river to the head of the third river emptying into said lake; down latter to said lake and in direct line to place of beginning. Third, beginning at mouth of Turtle River ; thence up said river to first lake ; thence east 4 miles ; thence south in line parallel with Turtle River to Cass Lake ; and thence so as to include all islands in said lake, to place of beginning. President may survey reservations and assign to head of family or adult, 80 acres ; issue patents for same when occupants are capable of managing their business. Said tracts to be exempt from taxation or sale. Not to be leased for longer than two years unless otherwise provided by Legislature of State with assent of Congress. Shall not be sold for five years after date of patent and then only with assent of the President. President to regulate descent of property prior to patent. (Art. 2. ) Payments, $10,000 in goods ; $50,000 to pay debts, $10,000 of which shall be paid to mixed bloods ; $20,000 annually for twenty years, $2,000 of which shall be expended as chiefs may request ; $5,000 to construct a road from Rum River to Mille Lac. Laud to be plowed on each reservation. For the Pillagers and Lake Winnibigoshish bands, $10,000 in goods, $40,000 for obligations, of which $10,000 shall be for mixed bloods ; sum of $10,666.66 annually for thirty years, $8,000 for thirty years in goods as requested by chiefs; $4,000 for thirty years for agricultural pursuits ; sum not exceeding $3,000 for twenty years for purposes of education ; $600 in ammunition and other articles annually for five years; blacksmith and shops for fifteen years ; six laborers for five years ; $200 for tools, and $15,000 for opening road from Crow Wing to Leech Lake ; 200 acres in ten or more lots to be plowed at Leech Lake, 50 acres at Lake Winnibigoshish, 25 acres at Cass Lake. Mills to be provided out of their own funds. (Art. 3.) Mississippi bauds to receive their payments by former treaties in cash and employ their own mechanics. If they fajl, the Indian Commissioner to expend the amounts. (Art. 4.) Annuities of Mississippi bands paid on their reservation, others at Leech Lake. (Art. 5.) Missionaries and other persons occupying land may enter quarter section at $1.25 per acre. Mixed bloods to receive 80 acres. (Art. 6.) Liquor traffic prohibited. (Art. 7.) Right of way for roads guaranteed at fair valuation. (Art. 8.) Indians agree to commit no depredations and to settle on reservation. (Art. 9.) Treaty binding when ratified. (Art. 10.) Proclaimed April 7, 1855. * 1 United States Statutes at Large, Vol. X, p. 1165. MICHIGAN MACKINAC AGENCY. 433 Treaty with the Saul t Ste. Marie, Grand River, Grand Traverse, Little Traverse, Mackinac bandy of Ottawa and Chippewa Indians, made at Detroit, July 31, 1855. The following reservations withdrawn from public sale and set apart for Indians : For use of six bauds residing at and near the Sault Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and 28, in township 47 north, range 5 west; sections 18, 19, and 30, in township 47 north, range 4 west; sections 11, 12, 13, 14, 15, 22,23,25, and 26, in town ship 47 north, range 3 west ; and section 29, in township 47 north, range 2 west; sec tions 2, 3, 4, 11, 14, and 15, in township 47 north, range 2 east; and section 34 in township 48 north, range 2 east ; sections 6, 7, 18, 19, 20, 28, 29, and 33, in township 45 north, range 2 east ; sections 1, 12, and 13, in township 45 north, range 1 east; and section 4 in township 44 north, range 2 east. For use of bands who wish to reside north of Straits of Mackinac, townships 42 north, ranges 1 and 2 west ; township 43 north, range 1 west, and township 44 north, range 12 west. For Beaver Island band, High Island and Garden Island, in Lake Michigan. For the Cross Vill age, Middle Village, 1/Arbrechroche, and Bear Creek bands, and such Bay du Noc and Beaver Island Indians as may prefer to live with them, townships 34 to 39 north, inclusive, range 5 west ; townships 34 to 3S' north, inclusive, range 6 west; townships 34, 36, and 37 north, range 7 west; and all that part of township 34 north, range 8 west, lying north of Pine River. For the bands which usually assemble for payment at Fort Traverse, townships 29, 30, and 31 north, range 11 west; and townships 29, 30, and 31 north, range 12 west, and the east half of township 29 north, range 9 west. For the Grand River bands, township 12 north, range 15 west, and townships 15, 16, 17, and 18 north, range 16 west. For the Cheboygan baud, townships 35 and 36 north, range 3 west. For the Thunder Bay band, sections 25 and 36 in township 30 north, range 7 east, and section 22 in township 30 north, range 8 east. For Indians desiring to reside near Sault Ste. Marie on land owned by missionary society of Methodist Episcopal Church at Iroquois Point, United States to purchase as much as society will sell at the Government price. Within tracts before men- tioHed,each head of family to have 80 acres ; persons over twenty-one, 40 acres, fam ily of two or more orphan children under twenty-one, 80 acres ; single orphan child, 40 acres. Indians to make their own selection. Agent to make classified list of same. Patents to be issued before J uly 1, 1856. No applications allowed afterward. Selec tions to be made within five years and accord with legal subdivisions. Possession to be had at once. Certificate of possession to guaranty ultimate title. After ten years, on recommendation of agent Secretary of the Interior may issue patent in fee-simple. From those incapable of managing their own affairs patents may be withheld. Head of family dying before issue of certificates or patent, the same shall go to his heirs. These provisions extend to Indians resident in the State of Michigan, including Gar den River band of Sault Ste. Marie and who participate in the annuities provided by treaty of March 28, 1836. All tracts within said land unalloted during the first five years to remain property of the United States fr a further term of five years, subject to entry by Indians only, at same rate per acre as other adjacent public lands, and for lauds so purchased fee-simple patent to be issued. At the expiration of second five years, unappropriated or unsold land to be disposed of by the United Sfcates. Rights of actual settlers by pre-emption undisturbed by above provisions. Indian pur chasers under graduation act 1 not required to occupy said laud in order to secure title. Said land may be sold by Indians to Board of Foreign Missions of Presbyte rian Church, which is permitted to purchase 63 and a fraction acres, at $1.25 per acre> on Grand Traverse Bay. United States to pay $40,000 for liquidation of debts, the same having been investigated by Secretary of the Interior and presented within six 1 United States Statutes at Large, Vol. X, p. 574. S. Ex. 95 28 434 INDIAN EDUCATION AND CIVILIZATION. / months after the ratification of this treaty. Any balance to be expended for the ben efit of the Chippewas. (Art. 1.) The sum of $538,400 paid in the following manner: Eighty thousand dollars in ten equal annual instalments for education ; $75,000 in five equal annual instalments, for stock, agricultural implements, etc.; $42,400 for four blacksmith shops for ten years. Sum of $306,000 to be paid in coin as follows: "Ten thousand dollars of the principal and the interest on the whole of said sum remaining unpaid at the rate of 5 per cent, annually for ten years," distributed per capita; $206,000 remaining unpaid at the expiration of ten years shall then be due and payable per capita in not less than four equal annual instalments. To the Grand River Ottawas, $35,000 in ten annual instalments, distributed per capita, and in lieu of all permanent annuities by former treaty stipulations. (Art. 2.) Indians release the United States from all former treaty stipulations for laud, money, or other arti cles, it being understood that the grants and payments herein provided are in satis faction of all claims of said Indians, except the right of- encampment and fishing, secured by treaty of June 16, 1820. (Art. 3.) Interpreters granted for five years. (Art. 4.) Tribal organization of Ottawa and Chippewa Indians, except so far as nec essary to carry out treaty, hereby dissolved. Negotiations with the United States to take place by individuals. (Art. 5.) Treaty binding when ratified. (Art. 6.) Amended April 15, 1856. Amendments accepted by different bands June 27, July 2, 5, and 31, 1856. Proclaimed September 10, 1856. 1 Treaty with the Chippcwas of Saul! S1e. Marie, made at Detroit, August 2, 1855. Indians surrender to United States right of fishing at the Falls of St. Mary, near the fishing grounds described by treaty of June 16, 1820. (Art. 1.) United States to appoint a commissioner to determine the value of the interest of the In dians therein. His award to be reported to President and to be final and conclusive. Amount awarded to be paid as annuities are paid and received in full satisfaction for the right surrendered. One-third, if the Indians desire, to be paid to their half- breeds. (Art. 2.) To Chief Oshawwawno a fee-simple patent to the small island whereon he lives in the river St. Mary adjacent to camping ground, said to contain less than half an acre, provided that it has not been heretofore appropriated or dis posed of. In that case no compensation to be claimed by said chief or any of the Indians. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed April 24, 1856. 2 Treaty with the Saginaw, Swan CreeJc, and Blade Elver bands of Chippewa Indians, made at Detroit, August 2, 1855. Following tracts withdrawn from sale and set apart : Six adjoining townships in the county of Isabella to be selected by Indians within three months from this date, and notice given to their agent. Also townships Nos. 17 and 18 north, ranges 3, 4, and 5 east. Provisions for land in severally same as in preceding treaty. (Art. 1.) Payment of $220,000 as follows : For education, $4,000 for five years ; $2,000 for five subsequent years; for stock, agricultural implements, etc., $5,000 for five years; $3, 000 for five subsequent years; per capita, $10,000 for ten years; $18,800 for two subsequent years; for blacksmith shop for ten years, $12,400 ; saw and grist mill in Isabella County, $4,000 ; $20,000 for debts to be investigated and approved by Secretary of the Interior within six months after ratification of treaty. Surplus to be expended for benefit of Indians. (Art. 2.) Chippewas cede to United States all land in Michigan owned by them or held in trust for them, and release the United States from all liability to them for the value of lands hitherto sold, the proceeds of which remain unpaid. Also surrender all their permanent annuities secured to them by former treaty stipulations, 1 United States Statutes at Large, Vol. XI, p. 621. 2 Ibid., p. 631. MICHIGAN MACKINAC AGENCY. 435 including that portion of the $300 payable by the treaty of November 17, 1807, to which they are entitled. Grants and payments of this treaty are in satisfaction of all claims of said Indians against the United States. (Art. 3.) Entries of land here tofore made by Indians and Missionary Society of Methodist Episcopal Church and withdrawn from sale in townships 14 north, range 4 east, and 10 north, range 5 cast, Michigan, hereby confirmed. Patents to be issued. (Art. 4.) Interpreter for five years, or as long as President deems necessary. (Art. 5.) Tribal organization dis solved. (Art. 6.) Treaty binding when ratified. (Art. 7.) Amended April 15, 1856. Amendments accepted May 14, 1856. Proclaimed June 21, 1856. 1 Treaty with the Stvan Creek and Black River Chippewas and Munsee Christian Indians, made at Sac and Fox Agency July 16, 1859. Munsee Indians express a desire to unite with Chippewas, which is agreed to. Reservation west of Mississippi set apart by treaty of May 9, 1836, shall be surveyed. Forty acres allotted to each head of family and 40 acres to each child or other mem ber of family; 40 acres to each orphan child; 80 acres to each single person twenty- one years of age not connected with any family. Improvements of Indians as far as possible to be covered by their allotment. Intermediate parcels of land to be held in common, subject to assignment in severalty. Lauds assigned not to exceed 4,*-80 acres, to be known as '''Chippewa and Christian Indian Reservation." Indian laws passed by Congress shall have force oa reservation. No white person except such as are in employ of United States to reside thereon. Certificates to be issued. Lands not to be alienated or disposed of except to United States or members of said bands, under rules prescribed by Secretary of the Interior. Land to be exempt from taxa tion. Descent of property to be decided by Secretary. (Art. 1.) Residue of tract set apart by treaty of 1836 to be appraised, and sold at public auction. No bids re ceived for less than appraised value. Proceeds, after deducting expenses, to belong to the aforesaid band of Chippewas; $3,000 out of funds of Christian Indians used to pay for the land assigned them. United States to pay $6,030 to Chippewas in sat isfaction of all claims and demands under previous treaties. Said $ 5,000 to be de rived from the avails of laud sold under the treaty of 1836, the interest accruing thereon, or the balance of annuities resulting from other treaties with said Indians. (Art. 2.) Out of aggregate sum of $43,400 deposited to credit of Christian Indians, $20,000 for providing them with stock, houses, agricultural implements, etc. Re mainder of sum to be mingled with the funds of said bands of Chippewas and con stitute a general fund. This money, less $2,000, to be invested in stocks yielding in terest at not less than 5 per cent. Interest to be applied for educational purposes, support of shops, and civilization of Indians. (Art. 3. ) One hundred and sixty acres -set apart for manual labor school. (Art. 1.) Two thousand dollars before mentioned to be expended for school-house, church buildings, blacksmith shop, etc. (Art. 3.) All railroads and highways authorized by law to have right of way, just compensa tion being made. (Art. 5.) Bands of Chippewas relinquish all claims under the treaty of November 17, 1807, May 9, 1836, August 2, 1855, and receive the stipulations and provisions herein contained in full satisfaction, and release the United States from claims of every character. (Art. 4.) Treaty binding when ratified. (Art. 6.) Proclaimed April 19, I860. 3 Treaty with the Pillager and Lake Winnibigoshish Chippewas of Minnesota and Chippewas of Mississippi, at Washington, March 11, 1863. Cessions. Gull Lake, Mille Lac, Sandy Lake, Rabbit Lake, Pokagoiniii Lake, and Rice Lake Reservations described in second article of treaty of February 22, 1855, ceded to United States, except one-half section including missiou buildings at Gull Lake, granted in fee-simple to Rev. John Johnson, missionary. (Art. 1.) United States Statutes at Large, Vol. XI, p. 633. *Ibid., Vol. XII, p. 1105. 436 INDIAN EDUCATION AND CIVILIZATION. Reservations. In consideration of the foregoing cession the United States agrees to set apart for the future homes of the Chippewas of the Mississippi all the lands embraced within the following-described boundaries, excepting the reser vations made and described in the third clause of the second article of the said treaty of February 22, 1855, for the Pillager and Winnibigoshish bands ; that is to say, beginning at a point one mile south of the most southerly point of Leech Lake, and running thence in an easterly course to a point one mile south of the most southerly point of Goose Lake ; thence due east to a point due south from the intersection of the Pokagoniin Reservation and the Mississippi River ; thence on the dividing line between Deer River and lakes and Mashkorden's River and lakes until a point is reached north of the first-named river and lakes ; thence in a direct line north- westwardly to the outlet of Two Routes Lake; thence in a south-westerly direction to the north-west corner of the Cass Lake Reservation ; thence in a south westerly direction to Karbekaun River ; thence down said river to the lake of the same name ; thence due south to a point due west from the beginning; thence to the place of beginning. (Art. 2.) Payments. Present annuities extended ten years. Sum of $30,000 paid toward dep redation claims and $20,000 toward debts. Out of arrearage due under ninth article of treaty of September 30, 1854, $16,000 to chiefs, $1,000 of which shall be to Pillager and Lake Winnibigoshish Indians. Sum of $1,338.75 to pay expenses incurred by commission sent by Legislature of Minnesota. (Art. 3.) Sum of $3,600 to be ex pended in clearing stumps and rocks in lots 10 acres each, for Gull Lake ; Mifle Lac, 70 acres; Sandy Lake and Pokagomin Lake, 50 acres each; Rabbit Lake, 40 acres, and Rice Lake 20 acres ; and to build house for each chief as herein described. ( Art. 4.) To expend $1,000 for ten years, to provide ten yoke of oxen, twenty log chains, two hundred grubbing hoes, ten plows, ten grindstones, one hundred axes, and twenty spades. Also two carpenters, two blacksmiths, four farm laborers, and one physician. (Art. 5.) Saw-inill to be removed to new reservation. Road to be extended from Leech Lake to junction of Mississippi and Leech Lake Rivers, and agency placed near junction. (Art. 6.) President to appoint three persona from Christian denomina tions to attend to annuity payments. (Art. 7.) No chief of band less than fifty to be recognized. Chiefs to be paid out of annuities annually $150. (Art. 8.) Agents and employe's to be lawfully married. (Art. 9.) Annuities under former treaties to be paid. (Art. 10.) Indian employ63 authorized. (Art. 11.) Not obligatory on Indians to remove until articles 4 and 6 are complied with, when United States shall furnish transportation and subsistence for six months after removal : "Provided, That owing to the heretofore good conduct of the Mille Lac Indians they shall not be compelled to remove so long as they shall not in any way interfere with or in any manner molest the persons or property of the whites." (Art. 12.) Ten dollars a month allowed members of employers' families who teach Indian girls domestic economy. Not more than $1,000 to be so expended. (Art. 13.) Breaking and clear ing provided for in article 4 in lieu of all former similar engagements. (Art. 14.) Amended March 13, 1863 ; assented to March 14, 1863; proclaimed March 19, 1863. 1 Treaty with the Red Lake and Pembina bands of Chippewa Indians, made at Old Crossing of lied Lake River, Minnesota, October 2, 1863. Peace and friendship to continue. (Art. 1.) Indians cede all lands lying west of the Lake of the Woods, including the valley of the Red River of the North from the boundary of British possessions to Cheyenne River. (Art. 2.) Sum of $20,000 for twenty years, $5,000 of which shall be applied to education, agricultural implements, etc. (Art. 3.) To pay claims for depredation on British and American traders and exactions levied on steam-boat on Red River, $100,000 ; such claims to be audited under direction of President. (Art. 4.) Five hundred dollars to each chief for a house and $150 annually in annuities; $5,000 for road from Leach Lake to Red Lake. (Art. 5. > 1 United States Statutes at Large, Vol. XII, p. 1249. MICHIGAN MACKINAC AGENCY. 437 Board of visitors to be appointed by President. (Art. 6.) Liquors prohibited. (Art. 7.) Homesteads under homestead laws granted to mixed bloods. (Art. 8.) Six hundred and forty acres at mouth of Thief River; similar tract north of Pembina River set apart for two specified chiefs. (Art. 9.) Amended March 1, 1864 ; assented to April 12, 1864; proclaimed May 5, 1864. } Supplementary treaty with Hie lied Lake and Pembina bands of Chippewa Indians, made at Washington April 12, 1864. % Indians assent to treaty of October 2, 1863, as amended. (Art. 1.) Payments in lieu of those provided in preceding treaty : Ten thousand dollars during the pleasure of President to Red Lake baud; Pembina baud $5,000 per capita. (Art. 2.) Eight thousand dollars in goods for fifteen years. (Art. 3.) Blacksmith, physician, miller, and farmer, and $1,500 worth of blacksmiths' articles, $1,000 of carpenters', for fifteen years. (Art. 4. ) Saw and grist mill provided. (Art. 5. ) Of the $100,000 provided in article 4 of preceding treaty, $25,000 to be expended by the chiefs, on their return home, for provisions and clothing for the people ; the remaining $75,000 for claims for depredations before mentioned. (Art. 6.) Scrip to be issued to mixed bloods aud lands to be located in ceded territory. (Art. 7.) Proclaimed April 25, 1864. 2 Treaty with the Mississippi, Pillager, and Lake Winnibigoshish bands of Chippewas, made at Washington May 7, 1864. Cessions of treaty of February 22, 1855, confirmed. Also grant to Rev. John John son ; and a section southeast of Gull Lake, a second at Sandy Lake, and a third at Mille Lac, granted for three chiefs respectively. (Art. 1.) In consideration of the foregoing cession, the United States agrees to set apart for the future home of the Chippewas of the Mississippi all the lands embraced within the following-described boundaries, excepting the reservations made and described in the third clause of the second article of the said treaty of February 22, 1855, for the Pillager aud Luke Winnibagoshish bands; that is to say, beginning at a point one mile south of the most southerly point of Leech Lake, and running thence in au easterly course to a point one mile south of the most southerly point of Goose Lake; thence due east to a point due south from the intersection of the Pokagomiu Reservation and the Mississippi River; thence on the dividing line betw een Deer River and lakes and Mashkorden's River and lakes until a point is reached north of the first-named river and lakes ; thence in a direct line northwesterly to the outlet of Two Routes Lake, then in a southwesterly direction to Turtle Lake; thence southwesterly to the head water of Rico River; thence northwesterly along the line of the Red Lake Reservation to the mouth of Thief River; thence down the centre of the main channel of Red Lake River to a point opposite the mouth of Black River; thence southeasterly in a direct line with the outlet of Rice Lake to a point due w r est from the place of beginning; thence to the place of beginning. (Art. 2.) Annuities extended ten years. Twenty thousand dollars for depredations committed by said Indians ; in 1862, $10,000 to chiefs of Chip pewas of Mississippi ; $5,000 for depredations committed on Hole-in-the-day in 1862. (Art. 3.) Clearing, etc., as agreed in articles 4 and 14 of treaty of March 1, 1863, reiterated. One thousand five hundred dollars in oxen and agricultural implements. Also mechanics and physician provided. (Art. 5.) One thousand dollars annually for support of saw-mill for bands, $7,500 for roads and bridges, and $25,000 to establish agency.- (Art. 6. ) Sections 7, 8, 9, 10, 12, and 13 of treaty of March 11, 1863, repeated. Laborers as far as possible to be selected from full or mixed bloods. (Art. 11.) Residents on Sandy Lake not to bo removed uutil President shall so direct. (Amend ment to Art. 12.) Amended February 9, 1865 ; assented to February 14, 1865; proclaimed March 20, 18G5. 3 'United (states Statutes at Larg, Vol. XIII, p. Oti?. 2 Ibid., p.68J. u 1 bid., p. 693. 438 INDIAN EDUCATION AND CIVILIZATION. Treaty with Saginaw, Swan Creek, and Black River Bands of Chippewa at Isabella, Mich igan, October 18, 1864. Indians cede to United States townships upon Sagiuaw Bay and the right to pur chase unselected land on the Isabella Reservation as provided in article 1 of the treaty of August 2, 1855. (Art. 1.) All unsold land within Isabella Reservation set apart for the exclusive use, ownership, and occupancy of said baud. (Art. 2.) Persons re linquishing land within townships on Saginaw Bay to make, in lieu thereof, selections on IsabelLt Reservation. Each chief to have 80 acres in addition to present selections, and patents to issue in fee-simple. To one head-man in each band, 40 acres in fee-sim ple ; eachliead of family, 80 acres ; single person over twenty-one, 40 acres ; orphan child under twenty-one, 40 acres; each unallotted female married, 40 acres; each other person now living, or who may be hereafter born, when of age, 40 acres so long as any lauds in said reserve remain unselected. Certain named individuals granted patents for 80- acre tracts. Certain Ottawa, Chippewa, and Pottawatomie bands to be permitted to hold laud on the reservation. Agent to make lists of those holding or entitled to laud, dividing them into two classes, "competent" and " incompetent." "Competent" are those having an education and qualified to manage their own affairs. "Incompetent" those uneducated or wandering and idle persons. All orphans come under this class. Patents to competents to bo issued in fee-simple. To the second class patents containing a provision that the land can not be sold or alienated without con sent of Secretary of Interior. (Art. 3.) Sum of $20,000 for maintenance of manual labor schools. Methodist Episcopal Society to erect building within three years, at a value of not less than $3,000, upon southeast quarter of section 9, township 14 north, range 4 west, which is hereby set apart. Board of visitors to examine and report on schools, composed of superintendent of public instruction, lieutenant-governor of State of Michigan, and person designated by missionary board. These report to Indian Com missioner. Society to have full control of school and farm. Upon approval of board of visitors, United States to pay $2,000 annually until the $20,000 is expended. In case of neglect, the society to forfeit all rights to laud and buildings. These may then be sold by Secretary of Interior and proceeds expended for education of Indians. A* expiration of ten years, if conduct of school is acceptable to board of visitors, land may be conveyed in fee-simple. If missionary society fails to accept trust within one year after ratification of treaty, said $20,000 to be expended by Secretary of Interior. Society allowed to use or move present school-houses. (Art. 4.) Out of tlie last two payments of $18,600 provided by the treaty of August 2, 1855, $17,600 to be withheld and placed as an agricultural fund to be expended for stock, shop, and agricultural implements. (Art. 5.) Commissioner may sell a mill and land be longing to Isabella City, and apply proceeds as the Secretary of Interior deems best. (Art 6.) Mill site belonging to an allottee, he to have land elsewhere. (Art. 7.) Ar ticle 8 of treaty of August 2, 1855, not to affect terms of this treaty. Amended and assented to May 22, 1866 ; proclaimed August 16, 1866. 1 Treaty with the Boise' Fort Band of Chippewas, made at Washington, April 7, 1866. Peace and friendship to continue. (Art. 1.) Boise" Fort Indians relinquish their claims on the laud east of the line of cession of treaty of September 30, 1854, espe cially their reservation at or near Lake Vermillion, and also all lands westward of the line, or elsewhere in the United States. (Art. 2.) The following reservation of 100,000 acres, set apart within one year after ratification of this treaty, for perpetual use and occupancy of Indians ; tract to include the lake of Netor Assabacona, if possible, and also one township of land on Grand Fork River at mouth of Deer Creek. (Art. 2.) United States to expend $5,700 for agency buildings, blacksmith-shop, and houses for chiefs. Also $500 for one school-housp, and annually for twenty-three years $2,200 for shops, farmer, agricultural implements, etc., $3,500 in cash, $1,000 in ammu- 1 United States Statutes at Large, Vol. XIV, p. GO?. MICHIGAN MACKINAC AGENCY. 439 nitipn, provisions, etc., and $6,500 in goods. Also $800 for a teacher and books (Art. 3) ; $30,000 to enable the people to establish themselves on the rew reservation. (Art. 4. ) Grants of land to specified individuals for services. (Art. 5.) Annuities pro vided and paid upon the reservation. (Art. 6 ) All provisions of former treaties inconsistent with this treaty abrogated, except that of article 12, treaty of Septem ber 30, 1854, for shops and instruction in farming. Benefits thereof transferred to Chippewas of Lake Superior. (Art. 7.) Expenses of treaty not exceeding $10,000 to be borne by United States. (Art. 8.) Amended April 26, 1866; assented to April 28, 1866; proclaimed May 5, 1866. l Treaty with the Clilppewas of the Mississippi, made at Washington, March 19, 1867. Whereas the land set apart in the treaty of May 7, 1884, is not adapted for agri cultural purposes for such Indians as desire to so devote themselves ; while a portion desire to remain on a part of the aforementioned reservation and sell the remainder, they therefore cede all land set apart for them in Minnesota, except the following tract : Commencing at a point on the Mississippi River opposite the mouth of Wanomau River, as laid down in Sewall's map of Minnesota, due north to a point two miles fur ther north than the north point of Lake Winnibigoshish ; thence west to a point two miles west of Cass Lake; thence south to Kebekona River; thence down said river to Leech Lake; thence to outlet of the lake in Leech River; thence down said river to the Mississippi and to the place of beginning. (Art. 1.) There is further reserved for a farming region a square reservation which shall include White Earth Lake and Rice Lake, and contain, thirty six townships of laud; and such portions of the tract herein provided as shall actually be found outside the reservation set apart in the second article of the treaty of March 20, 1865, shall be received by said bands in part consideration for cessions of laud made in this treaty. (Art. 2.) For payment for the 2,000,000 acres ceded; $10,000 for saw and grist mill; $5,000 toward the erec tion of houses for Indians who remove to reservation ; $5,000 for stock and agricult ural implements, opening farms, etc. ; $6,000 for ten years, and as long thereafter as President may deem proper in promoting agriculture ; $1,200 for ten years' support of physician; $300 for same term for medicine; $5,000 for erection of school buildings on reservation set apart in second article ; $4,000 for ten years, or so long as Presi dent may think proper, for support of school; $10,000 for provisions and clothing to be paid on removal. (Art. 3.) No part of annuities provided in this or former treaties to be paid to mixed bloods, except those who actually live with their people upon the reservation. (Art. 4.) Annuities provided for Hole-in-the-Day by treaty of August 2, 1847, to be paid to him or to his heirs. Grants to two designated persons. (Art. 5.) Reservation in article 2 to be located by designated persons, including chiefs, and improvements provided in article 4 of the treaty of May 7, 1864, to be made thereon. (Art. 6.) Reservation to be surveyed, and when any Indian, male or female, shall have 10 acres under cultivation he shall be entitled to a certificate for 40 acres, and for further additional 10 acres an additional 40, until 160 acres have been certified to any one Indian. Said land to be exempt from taxation or sale. (Art. 7.) Any Indian committing a crime against life or property may, upon demand of agent, be arrested, tried, and punished as though he were white. (Art. 8.) Amended and assented to April 8, 1867 ; proclaimed April 18, 1867: 2 Ontonagon Reserve* GENERAL LAND OFFICE, September 24, 1855. SIR : I have the honor to submit herewith a communication from the Commissioner of Indian Affairs, of the 20th instant, requesting that the following-described tracts be withdrawn from market and reserved for the Ontonagou band of Chippewa In- United States Statutes at Large, Vol. XIV, p. 765. 2 Ibid., Vol. XVI, p. 719. 3 Report of Indian Commissioner, 1886, p. 333. 440 INDIAN EDUCATION AND CIVILIZATION. dians under the sixth clause of the first article of the treaty of La Pointe of July 30, 1854. viz: Lots Nos. 1, 2, 3, and 4 of section 14, township 53 north, range 33 west, Michigan meridian ; lots Nos. 1, 2, 3 and 4 of section 15, township 53 north, range 33 west, Michigan meridian ; southwest quarter, and southwest quarter of southeast quarter of section 15, township 53 north, range 33 west, Michigan meridian ; the whole of sections 22 and 23, township 53 north, range 38 west, Michigan meridian ; north half of section 26, township 53 north, range 38 west, Michigan meridian ; north half section 27, township 53 north, range 38 west, Michigan meridian ; all situated in the northern peninsula of Michigan. On examination of the plats and tract-books in this office it appears that the above lands are all vacant, and there exists no objection to their reservation ; for which I respectfully recommend that the order of the President be obtained previous to in structing the land officers. I am, very respectfully, your obedient servant, THOS. A. HENDRICKS, Commissioner, Hon. ROBERT MCCLELLAND, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, September 25, 1855. Respectfully submitted to the President for his approval aa recommended. R. MCCLELLAND, Secretary. SEPTEMBER 25, 1855. Let the reservation be made. FRANKLIN PIERCE. Ottawa and Chippewa reserves. 1 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, August 4, 1855. SIR : I inclose herewith a copy of a communication from the Commissioner of Indian Affairs dated at Detroit, the 1st instant, received here this morning, in which he re quests that several townships, sections, and parts of sections of land within the State of Michigan, in addition to those heretofore withdrawn from sale, be also withdrawn, in order to enable the Ottawa and Chippewa Indians to select the quantity guaran teed to them by a treaty concluded with them on the 31st ultimo. I have, therefore, respectfully to recommend that, in addition to the tracts hereto fore withdrawn from sale with a view to accommodate the Indians of Michigan, the following designated tracts be also withdrawn from sale, and that the usual measures be taken by the Commissioner of the General Land Office to give proper publicity to the fact, viz: Sections 13, 14, 23, 24, 25, 26, 27, and 28, in township 47 noith, range 5 west. Sections 18, 19, and 30, in township 47 north, range 4 west. Sections 11, 12, 13, 14. 15, 22, 23, 25, and 26, in township 47 north, range 3 west. Section 29, in township 47 north, range 2 west. Sections 2, 3, 4, 11, 14, and 15, in to-wnship 47 north, range 2 east. Section 34, in township 48 north, range 2 east. Sections 6, 7, 18, 19, 20, 28, 29, and 33, in township 45 north, range 2 east. Sections 1, 12, and 13, in township 45 north, range 1 east. Section 4, in township 44 north, range 2 east. Township 42 north, of ranges 1 and 2 west. Township 43 north, of range 1 west. Township 44 north, of range 12 west. 1 Report of Indian Commissioner, 1886, p. 333. MICHIGAN MACKINAC AGENCY. 441 High Island and Garden Island, in Lake Michigan, being fractional townships 38 and 39 north, of range 11 west, 40 north, of range 10 west, and in part 39 north, of ranges 9 and 10 west, township 32 1 north, of range 10 west. Townships 29, 30, 31 and 32 north, of range 11 west. Townships 29, 30 and 31 north, of range 12 west. Township 29 north, of range 13 we-t. East half of township 29 north, of range 9 west. Sections 25 and 3(5 in township 30 north, of range 7 east, and section 22 in township 30 north, of range 8 east. Very respectfully, etc., CHAS. E. Mix, Acting Commissioner. Hon. B. MCCLELLAND, Secretary of the Interior. AUGUST 9, 1855. Let the lands referred to in letter of the Acting Commissioner of Indian Affairs of the 4th instant, with the exceptions noted in letter of the Acting Commissioner of the General Land Office of the 8th instant, be temporarily withdrawn from sale, for the purposes indicated in above letter from Indian Office, and as recommended by Secretary of the Interior in letter of 8th instant. FRANKLIN PIERCE. (See last clause of article 1, treaty of July 31, 1855, 11 Stats., 623.) Little Traverse Reserve* DEPARTMENT OP THE INTERIOR, OFFICE OF INDIAN AFFAIRS, April 12, 1864. SIR : I have the honor to transmit herewith, for your consideration, a copy of a letter from Agent Leach, in which he recommends that townships 34, 35, 36, 37, 38, and 39 north, range 4 west, and townships 34, 37, 38, and 39 north, range 3 west, be withdrawn from sale, with a view to an enlargement of the Little Traverse Reser vation. In his annual report for 1863 (see Annual Report of this Office for 1863, pages 377 and 378) Agent Leach gives his reasons at length in favor of an enlargement of the Little Traverse Reservation, with a view to the removal of the Indians from Mackinac, Beaver Island, Thunder Bay, and those east of the Grand Traverse Bay, and locat ing them all upon the Little Traverse Reservation, thereby greatly reducing the expenses of the agency, and, as hoped, much improving the condition of the Indians. Concurring in the views expressed by Agent Leach in his report above referred to, I respectfully recommend that the townships named in his letter be withdrawn from sale, with a view to the proposed enlargement of the Little Traverse Reservation. Very respectfully, your obedient servant, W. P. DOLE, Commissions. Hon. J. P. USHER, Secretary of the Interior. 1 Although this township (32 north, range 10 west) is referred to in the Commis sioner's letter as already withdrawn from sale, it is believed to be a mistake in tran scribing the dispatch through the telegraph offices, informing him what tracts have been so withdrawn. It should, therefore, be included in the list of those to be with drawn. 2 Report of Indian Commissioner, 1886, p. 332. 442 INDIAN EDUCATION AND CIVILIZATION. [First indorsement.] DEPARTMENT OF THE INTERIOR, April 15, 1864. Respectfully submitted to the President with the recommendation that the lands within described be withdrawn from sale for the purpose indicated. J. P. USHER, Secretary. [Second indorsement.) Let the lands be withheld from sale as recommended. A. LINCOLN. APRIL 16, 1864. EXECUTIVE MANSION, February 4, 1874. Referring to Executive order dated April 16, 1864, withdrawing from public sale, for Indian purposes, the undisposed-of lands embraced in townships 34, 37, 38, and 39 north, of range 3, and townships, 34, 35, 36, 37, 38, and 39 north, of range 4 west, in the State of Michigan, I hereby revoke, rescind, cancel, and declare said order to be void and of no effect from and after the date hereof, and the lands above described are hereby restored to the public domain. U, S. GRANT. CHAPTER XV. INDIAN RESERVATIONS OP MINNESOTA AND MONTANA. MINNESOTA. For early history of the Territory from which Minnesota was formed, see Dakota. Organized as a Territory March 3, 1849, l and admitted as a State February 26, 1857. 2 Of the Indians residing within the limits of this State, the Winneba- goes, Sioux, Sacs, aud Foxes, and Otoes have been removed ; only the Cliippewa tribes remaining in the reservations given below. The Indian population is 7,030. There are ten reservations, having an aggregate area of 4,755,716 acres. There is one agency, the White Earth Agency, having in charge Leech Lake, Mille Lac, Eed Lake, White Earth, and Winnebagoshish Reservations. The Boise Fort, the Deer Creek, the Fond du Lac, the Grand Portage, and Vermilliou Lake Res ervations are under the charge of the La Pointe Agency in Wisconsin. WHITE EARTH AGENCY. [Post-office address, White Earth, Becker County, Minn."] WHITE EARTH RESERVATION. How established. By treaty of March .19, 1SG7; Executive orders, March 19, 1879, and July 13, 1883. Area and survey. Contains 796,672 acres. Tillable acres, 552,>)60. 3 Surveyed. 4 Acres cultivated. Five thousand six hundred and eighteen acres cul tivated. 5 Tribes and population. The tribes living here are the Chippewas of the Mississippi, Gull Lake, Pembiua, Otter Tail, and Pillager Chippe was. Population, 2,684. 6 Location. This reservation is well supplied with wood and timber^ and has also an abundance of prairie land finely adapted for stock- raising as well as raising cereals. 7 Government rations. Forty per cent, of these Indians subsisted by Government rations as reported in 1886. 8 Mills and Indian employes. One mill. No Indian employes reported. Indian police. Established. Indian court of offences. Established. 1 United States Statutes at Large, Vol. IX, p. 403. 2 1 bid., Vol. XI, p. 166. 3 Re- port of Indian Commissioner, 1886, p. 430. *1 &id.,p, 386. 6 /6id., p. 430. 6 Ibid., p. 400. "'Ibid., 1885, pp. 114-115. 8 Ibid., 1886, p. 418. 443 444 INDIAN EDUCATION AND CIVILIZATION. School population, attendance, and support. 1 Aggregate school population of reservations under this agency, 1,373. School. Accommo dation. Average attendance. Sessions. Cost. 110 89 Months. 10 $7 016 57 70 47 10 3 03'-* 09 70 79 10 5 076 37 St Benedict's Orphan 100 10 12 1 080 00 Kice Uiver day CO 27 9 494. 93 St Benedict's Academy St Joseph .... 125 53 12 7 099.50 St. Francis Xavier's Acadeniy, Avoca 50 48 12 5, 167. 80 150 47 12 5 361 22 St Paul's Industrial Clontarf 180 91 12 9 561 00 Missionary work. Protestant Episcopalians and Komaii Catholics have missions among these Indians. By authority of the act of March 3, 1873, $35,000 were appropriated to purchase from the Mississippi Chippewas township 144, range 42, in the White Earth Eeservation, for the use and benefit of the Pembina band of Chippewa Indians. 2 By act of April 18, 1874, the Secretary of the Interior was directed, by and with the consent of the Mississippi Chippewas, to patent 80 acres to the Domestic and Foreign Missionary Society of the Protestant Epis copal Church, provided that said estate shall cease and be determined when the land and the erections thereon are no longer used by said so ciety for missionary and school purposes. 3 By act of June 22, 1874, the Otter Tail Pillager band of Chippewas were settled upon White Earth Keservation and appropriation made for their subsistence. 4 These Indians were given equal rights with the Mississippi band of Chippewas by the Indians, July 4, 1872 in accordance with the provis ion of section 3, act of May 29, 1872. 5 White Earth Reserve.* t EXECUTIVE MANSION, March IS, 1879. It is hereby ordered that the following-described lauds, situated in the State of Minnesota, viz : Beginning at the northwest corner of the White Earth Indian Ees ervation, being the northwest corner of township 146 north, range 42 west, and run ning thence north to the northwest corner of township 148 north, range 42 west ; thence west to the southwest corner of township 149 north, range 42 west ; thence north to the northwest corner of township 149 north, range 42 west ; thence east on the line between township 149 north and township 150 north to the intersection of said line with the southwestern boundary of the Red Lake Indian Reservation ; 1 Report of Indian Commissioner, ItiSG, p. xciv. 2 United States Statutes at Large, Vol. XVII, p. 539. 3 IMd., Vol. XVIII, p. 31. 4 Ibid., p. 173. *Ibid., Vol. XVII, p. 189 ; also Indian Laws 1883, p. 139. 6 Report of Indian Commissioner, 1886, p. 335. MINNESOTA WHITE EARTH AGENCY. 445 thence southeasterly to the most southerly point of the Red Lake Indian Reserva tion ; thence in a northeasterly direction and along the line of the Red Lake Indian Reservation to a point due north from the northeast corner of the White Earth In dian Reservation ; thence south to the northeast corner of White Earth Indian Res ervation, and theuco west along the northern boundary line of White Earth Indian Reservation to the point of beginning, be, and the same is hereby, withdrawn from sale and settlement and set apart as a reservation for Indian purposes : Provided, hoivever, That any tract or tracts of land included within the foregoing-described boundaries, the title to which has passed out of the United States Government, or to which valid homestead or pre-emption rights have attached under the laws of the United States, are hereby excluded from the reservation hereby made. R. B. HAYES. EXECUTIVE MANSION, July 13, 1883. It is hereby ordered that the Executive order dated March 18, 1879, withdrawing from sale and settlement and setting apart certain described lands north of and adjoin ing the White Earth Reservation, in the State of Minnesota, as a reservation for In dian purposes, be, and the same is hereby, cancelled, the lands embraced within said reservation not being required for the purposes for which they were set apart. CHESTER A. ARTHUR. For treaties in which these Indians took part, see Chippewa treaties Michigan. LEECH LAKE RESERVATION. How established. By treaty of February 22, 1855; Executive orders November 4, 1873, and May 26, 1874. Area and survey. Contains 94,440 acres. 1 Tillable acres not reported separately. Partly surveyed. 1 Acres cultivated. Not reported separately. Tribes and population. The tribes living here are the Pillager and Lake Winnebagoshish bands of Ohippewas. Total population, 1,174. 2 Location. This reservation is to be abandoned, and the Indians in corporated with those at White Earth and Bed Lake Keservation. 3 School population and accommodation given under general report of White Earth Agency. 4 Leech Lake Reserve.* EXECUTIVE MANSION, November 4, 1873. It is hereby ordered that the description of the first-named tract of country reserved for the use of the Pillager and Lake Winnebagoshish bands, and provided for*in the second clause of the second article of the treaty with the Mississippi bands of Chip pewa Indians, concluded February 22, 1855 (Statutes at Large, Vol. X, p. 1166), be amended so as to read as follows : Beginning at the mouth of Little Boy River; thence up said river through the first lake to the southern extremity of the second lake on said river ; thence in a direct line to the most southern point of Leech Lake, and thence through said lake, so as to include all the islands therein, to the place of beginning; and that the additional land therein embraced be withdrawn from sale, entry, or other disposition, and that the same be set apart for the use of said Indians. U. S. GRANT. 1 Report of Indian Commissioner, 1886, p. 385. *Ibid., p. 400. 3 Ibid., p. 170. *Ibid., p. xciv. tlbid., p. 334. 446 INDIAN EDUCATION AND CIVILIZATION. EXECUTIVE MANSION, May 26, 1874. It is hereby ordered that there be withdrawn from sale, entry, or other disposition, so much of the following tracts of country as are not already covered by treaty with the Chippewas, concluded February 22, 1855, and set apart for the use of the Pillager and Lake Winnebagoshish bands of said Indians, viz: Commencing at the point where the Mississippi River leaves Lake Winnebagoshish, it being the beginning-point of the second tract of land reserved for said bands (Stats. at Large, Vol. X, p. 1166) ; thence northeasterly to the point where the range line between ranges 25 and 26 west intersects the township line between townships 146 and 147 north ; thence north on said range line to the twelfth standard parallel ; thence west on said parallel to range line between ranges 28 and 29; thence south on said range line till it intersects the third river ; thence down said river to its mouth; thence in a direct line to the place of beginning. Also, all the laud embraced in township 143 north, range 29 west, in the State of Minnesota. U. S. GRANT. For treaties in which these Indians took part, see Chippewa treaties Michigan. By Indian appropriation act approved May 15, 1886, $15.000 was ap propriated To enable the Secretary of the Interior to negotiate with the several tribes and bands of the Chippewa Indians in the State of Minnesota, for such modification of exist ing treaties with said Indians and such change of their reservation as may be deemed desirable by said Indians and the Secretary of the Interior, and as to what sum shall be a just and*equitable liquidation of all claims which any of said tribes now have upon the Government, * * * but no agreement made shall take effect until rati fied by Congress. 1 For a report of the commission acting under the above act, see Senate Executive Document No. 115, Forty-ninth Congress, second session. MILLE LAC RESERVATION. How established. By treaties of February 22, 1855, and article 12 of May 7, 1804. Area and survey. Contains 61,014 acres. 2 Surveyed. 2 Acres cultivated. Not reported separately. Tribes and population. The tribes living here are the Miile Lac and Snake Eiver bands of Chippewas. Total population, 942. 3 Location. This reservation to be abandoned and the Indians consoli dated with those living on the White Earth and Red Lake Reservation. 4 School population and accommodation given under general report of White Earth Agency. 5 For treaties in which the tribes took part, see Chippewa treaties Michigan. RED LAKE RESERVATION. How established* By treaty of October 2, 1883. Area and swr^?/. Contains 3,200,000 acres. 6 Tillable acres, 1,000, OOO". 7 Outboundaries surveyed. 8 1 United States Statutes at Large, Vol. XXIV, p. 44. 2 Report of Indian Commis sioner, 1886, p. 335. J 3 Ibid., p. 400. *lUd., p. 170. 5 7&i. 4*24, ?ZW, p. xcvlli, S. Ex, 95- 29 450 INDIAN EDUCATION AND CIVILIZATION. Act of Congress, May 29, 1872. l With the consent and concurrence of those bands of the Chippewa Indians of Lake Superior, located on Lac de Flambeau and on Lac Court Oreilles, and also of the Fond du Lac bands of said Indians, expressed in open council in the usual uianner, the Secretary of the Interior be, and hereby is, authorized to remove the said bauds of Indians from the tracts of lands which were set apart for them respectively and with held from sale for their use, in accordance with the third and fourth clauses of the second article of the treaty between the United States and the Chippewa Indians of Lake Superior and the Mississippi, concluded September thirtieth, eighteen hun dred and fifty-four, and to locate said bands of Indians upon the tract of land set apart by the second clause of said article for the La Pointe band of said Chippewa Indians. The lands rendered vacant under the preceding section of this act shall be ap praised by three competent commissioners, one of whom shall be the United States agent for the said Chippewa Indians, and the other two shall be appointed by the Secretary of the Interior, with the approval of the President. Should there be upon any of the lands to be thus appraised any improvements made by or for the Indians, or for Government purposes, the said commissioners shall appraise the said improvements separately. After the said lands shall have been appraised, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same at pub lic sale to the highest bidder, in tracts not exceeding one hundred and sixty acres each ; * * * and if not sold at public sale, it may be sold in tracts not exceed ing one hundred and sixty acres to one person, at not less than the appraised value ; * * * Provided, That no bid for separate tracts shall be accepted which may be less than the appraised value of such tract including the improvements, if any, thereon : And provided further, That bids for tracts having improvements upon them shall state the price for both the land and the improvements. The proceeds of such sale shall be invested or expended for the benefit of the Indians interested, in such manner as the Secretary of the Interior, subject to the approval of the President, may direct. The sum of seventy-five thousand dollars, * * * hereby is appropriated * * * for the appraisement and sale of the said reservations and for the removal and estab lishment of said Indians, as hereinbefore provided, the sum so expended to be reim bursed from the proceeds of the sales of the lands of said Indians authorized by this act. (Sec. 8.) GRAND PORTAGE RESERVATION. Row established. By treaty of September 30, 1854. Area and survey. Contains 51,840 acres. 2 Outboundaries surveyed , 2 Twenty-five acres tillable. 3 Acres cultivated. Twenty-five acres cultivated. 3 Tribes and population. The tribes living here are the Grand Portage band of Chippewas of Lake Superior. Population, 363. 4 Location. Situated in Cork County. Government rations. Twenty-five per cent, of tkese Indians subsisted by Government rations, as reported in 1886. 5 Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. 1 United States Statutes at Large, Vol. XVII, p. 190. 2 Report of Indian Commis sioner, 1884, p. 260. 3 IUd., 1886, p. 436. *IUd., p. 408. *Ibid. t p. 424. MINNESOTA WHITE EARTH AGENCY. 451 School population, attendance, and support. 1 School population, estimated in 1886 . . , 63 Government day school : Accommodation 25 Average attendance 12 Cost $480 In session (months) 12 Missionary ivork. None reported. For treaty, see Cliippewa treaties Michigan, Mackinac Agency. VERMILLION LAKE RESERVATION. How established. By Executive order, December 20, 1881. Area and survey. Contains 1,080 acres. 2 Tillable acres not given separately. Surveyed. 2 Acres cultivated. Not reported separately. Tribes and population. The tribes living here are the Boise" Fort band of Chippewas. Population not given separately. Location. See Executive order. Nothing concerning these Ind ians reported separately from those at Boise Fort Eeservation. School population, attendance, and support.* School population, estimated iu 1886 163 Government day school : Accommodation 50 Average attendance 25 Cost $1,050 In session (months) 12 Missionary work-. None reported. Vermillion Lake Reserve* EXECUTIVE MANSION, December 20, 1881. It is hereby ordered that the folio wing- described land in Minnesota, viz, that por tion of the south-east quarter of section 23 lying east of Sucker Bay; the south-west quarter, and lot , being the most southerly lot in the south-east quarter of section 24, and fractional sections 25, 26, and that portion of section 35 north of Vermillion Lake, all in township 62 north, range 16 west, fourth principal meridian, Minnesota, be, and the same are hereby, withdrawn from sale or settlement and set apart as a reservation for Indian purposes, for the use of the Boise" Fort Band of Chippewa In dians, to be known as the "Vermillion Lake Indian Reservation." CHESTER A. ARTHUR. For treaties in which these Indians took part, see Chippewa treaties Michigan. MONTANA TEEEITOEY. For account of the Territory from which Montana was formed see Da kota. It was organized as a Territory May 26, 18G4. 5 1 Report of Indian Commissioner, 1886, p. xcviii. 2 Ibid., p. 386. s lbid., p. xcviii. . 335. * United States Statutes at Large, Vol. XIII, p. 85. 452 INDIAN EDUCATION AND CIVILIZATION. The Indians gathered upon the existing reservations represent those living there when the country was first known. Some of the western, southern, as well as the eastern Indians formerly sent hunting and war parties hither, but this region was not their habitat. There are four reservations containing an aggregate area of 28,168,960 acres. 1 Total Indian population, 13,485. 2 The following are the agencies : Blackfeet Agency, having charge of a part of the great Blackfeet Reservation ; Crow Agency, having the Crow Eeservation ; Flathead Agency, having the Jocko Reservation ; Fort Belknap Agency, having part of the Blackfeet Reservation $ Fort Peck Agency, having part of the Blackfeet Reservation ; Tongue River Agency, having Northern Cheyenne Reservation. BLACKFEET RESERVATION. 3 How established. By treaty of October 17, 1855 ; unratified treaties of July 18, 1866j Ju] y 13 and 15 ' and September 1, 1868; Executive orders of July 5, 1873, August 19, 1874 ; act of Congress April 15, 1874; Executive orders April 13, 1875, and July 13, 1880. Area and survey. Contains 21,651,200 acres. Amount of tillable acres unknown. 4 Unsurveyed. 5 Agencies. Three agencies are on this reservation: The Blackfeet Agency on the western portion ; the Fort Belknap Agency, on the mid dle portion ; the Fort Peck Agency, on the eastern part. BLACKFEET AGENCY. [Post-office address, Piegan, Choteau County, Mont.] Acres cultivated. Twelve acres cultivated by the Indians in 1886. 6 Tribes and population. The tribes living here are the Blackfeet, Blood, and Piegan. Total population, 2,026. 2 Location. This agency is situated on Badger Creek, one of the tribu taries of the Marias River, 7 and is the farthest west of the three agen cies established upon the reservation. Irrigation is indispensable to agriculture; portions of the region are adapted to grazing; the soil is poor and the climate severe. Government radons. Sixty-seven per cent, subsisted by rations dur ing 1886. 8 Hills and Indian employes. A saw and grist mill erected. No Indian employes reported. Indian police. Established in 1879. 9 Indian court of offences. Not reported. 1 Report of Indian Commissioner, 1886, p. 386. - Ibid., p. 400. 3 For boundaries of Blackfeet, Assinaboine, and Gros Ventre Territories see unratified treaty of Fort Laramie, made in 1851, 1 Report of Indian Commissioner, 1886, p. 340. 5 Ibid., p. 386. e/WA,p,430, TJW,, 179, p, 89, */, 1886, p, 4J3, 1879, p, 91, MONTANA TERRITORY FORT BELKNAP AGENCY. 453 School population, attendance, and support. 1 School population, estimated in 1886 500 Boarding and day school : Accommodation 100 Average attendance 45 Session (months) 12 Cost to Government $3,426.47 Missionary work. None. FORT BELKNAP AGENCY. [Post-office address : Fort Belknap, Choteau County, Mont.] This agency was first a distributing trading post, 2 and was estab lished as a special agency in November, 1873. Acres cultivated. Five hundred and fifty acres cultivated by the In dians. 3 Tribes and population. The tribes living here are the Gros Yentre, Assiuaboine, and River Crow. Total population, 1,987. 4 Location. Bounded on the north by British America, east by the one hundred and eighth parallel, south by the Missouri ; western bound ary h as never been defined. This agency is the central one of the three which divide the great Blackfeet Reservation into three parallel parts. Within the limits of the agency 1,200 square miles are appropriated by the War Department as the site of Fort Assinaboiue. The Milk Eiver runs from west to east through the middle of the reservation, and on the south bank the agency proper is situated. Irrigation is necessary to crops, and parts of the reservation are adapted to stock-raising. Government rations. Thirty-eight per cent, of the Indians were sub sisted by Government rations in 188G. 5 Mills and Indian employes. No mills nor Indian employes are reported. Indian police. Established in 1880. Indian court of offences. None reported. School population, attendance and support.** School population, estimated in 1886 , 251 Day school : Accommodation 60 Average attendance 34 Session (months) 10 Cost to Government $1,462.50 Missionary work. Eoman Catholic Church about to establish a mis sion. 7 FORT PECK AGENCY. [Post-office address: Poplar Creek, Mont.] Established in 1868. Acres cultivated. Five hundred and forty acres cultivated by the In dians. 8 1 Report of Indian Commissioner, 1886, p. xciv. 2 Ibid., 1874, p. 50. 3 /Md.,1886, p. 432. *Ibid., p. 400. 5 IMd.,p. 418. e Ibid., p. xciv. 7 Ibid., p. 182. s lbid., 1884, p. 312. 454 INDIAN EDUCATION AND CIVILIZATION, Tribes and population. The tribes living here are the Assinaboine, Brule", Santee, Teton, Unkpapa, and Yanktonai Sioux. Total popula tion, 5,36o. 1 Location. Bounded on the north by British America, east by Dakota and the military reservation of Fort Buford, south by Missouri River, west by the one hundred and ninth parallel, and watered by the Milk, Poplar, and Bad Muddy Rivers afid small tributaries to the Missouri. The agency called "Poplar Creek" is situated on the north side of the Missouri, 60 miles west of the mouth of the Yellowstone, and 2 miles east of the junction of Poplar Creek. The branch agency called Wolf Creek is 24 miles west of Poplar Creek on table-land one-half mile north of the Missouri. Government rations. One hundred per cent, of the Indians were sub sisted by Government rations in 1886. 2 Mills and Indian employes. A saw and grist mill was established in 1875. No Indian employes reported. Indian police. The Indian police force was established in 1875. 3 Indian court of offences. The court of Indian offences established in 1883 is doing good service. 4 School population, attendance, and support. The school population, estimated in 1886 5 959 Poplar Creek boarding school : Accommodation 75 Average attendance 77 Session (months)... 10 Cost $8,387.78 Wolf Point day school: Accommodation 30 Average attendance 29 Session (months) 10 Cost $720.00 There are also in this agency three mission schools, under the care of the Presbyterian. Church. Missionary work. Presbyterian Board of Home Missions in charge. SYNOPSIS OF BLACKFEET TREATIES. Unratified treaty between the United States and the Indians residing south of the Missouri Elver, east of the Rocky Mountains, and north of the lines of Texas and New Mexico, viz : The Sioux or Dakotas, Cheyennes, Arapahoes, Crows, Assinaboines, Gros Venires, Mandans, and Arickarees, made at Fort Laramie, Wyoming, September 17, 1851. The parties agree to abstain from hostilities against each other. (Art. 1.) Eight granted to Government to establish roads within their reservations. (Art. 2.) The United States to protect these Indians against depredations by white citizens. (Art. 3.) Indians to make restitution for wrongs committed on citizens. (Art. 4.) The fol lowing tracts are designated as their respective territories : Sioux. The territory of the Sioux or Dakota Nation, commencing at the mouth of 1 Report of Indian Commissioner, 1884, p. 292. - Ibid., 1886, p. 418. 3 Ibid., 1875, p. 308. 4 Ibid., 1884, p. 116. 6 /&?., 1886, p. xciv. MONTANA TERRITORY FORT PECK AGENCY. 455 White Earth River, on the Missouri River ; thence in a south-westerly direction to the forks of the Platte River ; thence up the north fork of thePlatte River to a point known as the Red Bute, or where the road leaves the river ; thence along the range of mount ains known as the Black Hills to the headwaters of the Heart River; thence down Heart River to its mouth ; and thence down the Missouri River to the place of be ginning. Groa Venire, Mandan, and Arickaree. The territory of the Gros Ventre, Mandan, Arickaree Nations, commencing at the mouth of Heart River ; thence up the Mis souri River to the mouth of the Yellowstone River ; thence up the Yellowstone River to the mouth of Powder River; thence from the mouth of Powder River, in a south easterly direction to the headwaters of the Little Missouri River; thence along the Black Hills to the head of Heart River; and thence down Heart River to the place of beginning. A&sinaboine. The territory of the Assinaboine Nation, commencing at the mouth of the Yellowstone River; thence up the Missouri River to the mouth of the Muscle Shell River ; thence from the mouth of the Muscle Shell River in a south-easterly direction until it strikes the headwaters of Big Dry Creek; thence down that creek to where it empties into the Yellowstone River, nearly opposite to the mouth of Powder River, and thence down the Yellowstone River to the place of beginning. BlacTcfoot. The territory of the Blackfoot Nation, commencing at the mouth of the Muscle Shell River ; thence up the Missouri River to its source ; thence along the main ridge of the Rocky Mountains in a southerly direction to the headwaters of the northern source of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-Five Yard Creek ; thence across to the headwaters of the Muscle Shell River, and thence down the Muscle Shell River to the place of begin* ning. Crow. The territory of the Crow Nation, commencing at the mouth of Powder River on the Yellowstone; thence up Powder River to its source; thence along the main range of the Black Hills and Wind River Mountains to the headwaters of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-Five Yard Creek; thence to the headwaters of the Muscle Shell River; thence down the Muscle Shell River to its mouth ; thence to the headwaters of Big Dry Creek, and thence to its mouth. Cheyenne and Arapahoe.Tke territory of theCheyennes and Arapahoes, commenc ing at the Red Bute or the place where the road leaves the north fork of the Platte River; thence up the north fork of the Platte River to its source; thence along the main range of the Rocky Mountains to the head waters of the Arkansas River ; thence down the Arkansas River to the crossing of the Santa F6 Road; thence in a north westerly direction to the forks of the Platte River, and thence up the Platte River to the place of beginning. (Art. 5. ) Respective Indian tribes agree to recognize and support their head chiefs. (Art. 6. ) United States to pay $50,000 per annum for fifty years in provisions, merchandise, stock, agricultural implements, to be distributed in proportion by the President. (Art. 7.) For any violation of this treaty, United States may withhold the whole or a portion of the annuities. (Art. 8.) NOTE." Fifty years," in Article 7, amended by Senate to " ten years, to be con tinued five years after, at the discretion of the President." (See " Indian Laws," p. 317.) NOTE. Treaty recognized in the first article of the treaty with the Yankton Sioux of April 19, 1858. (See page 288. ) 456 INDIAN EDUCATION AND CIVILIZATION.' Treaty with the Blackfoot Nation, consisting of the Piegan, Blood, Blackfoot, and Gros Centres tribes, the Flatheads, Upper Pend d'Orielle and Kootenay tribes, and the Nez Perce tribe of Indians, made on Upper Misouri, near mouth of Judith River, Octo- feer 17,1855. PEACE. Peace with the United States (Art. 1), and between the tribes and their neighbors established. (Art. 2.) Hunting ground. The Blackfoot Nation agrees that the land lying between Hell- Gate Pass, the source of the Muscle Shell River, thence to the mouth of Twenty-Five Yard Creek, up the Yellowstone to its northern source and along the main ridge of the Rocky Mountains- to the pass, shall be a common hunting ground for ninety-nine years to the bauds and tribes represented in this treaty. All parties agree not to establish villages or exercise exclusive rights within 10 miles of the northern line of the hunting ground. The Western Indians shall not lose any rights to the hunting ground, and they may hunt along the trail of the Muscle Shell to the Yellowstone. (Art. 3.) All Indians residing west of the main ridge of the Rocky Mountains not to enter the common hunting ground by any pass north of Hell Gate Pass and not hunt in the territory set apart for the Blackfeet. (Art. 5.) Citizens of the United States may live in and pass unmolested through the country occupied and claimed by the Indians of this treaty, and United States agrees to protect Indians against depredations and unlawful acts of white men. (Art. 7.) The Assinaboines shall hunt in common with the Blackfeet on the territory lying between the eastern boundary of the reservation and a line running north from Round Butte, on the Missouri, to the forty-ninth parallel. (Art. 11.) Reservation for Blackfoot Indians. The land lying between Hell-Gate Pass east to the source of the Muscle Shell and down to its mouth, thence down the Missouri to the mouth of Milk River, thence due north to the forty-ninth parallel and west along that line to the main ridge of the Rocky Mountains, and thence south to the pass, sub ject to provisions of article 3. (Art. 4.) Roads and agency buildings. United States may construct roads, establish telegraphs or military posts on reservation. (Art. 8.) United States to erect agency buildings, missions, schools, farms, shops, mills, stations, and for this purpose may use material of every description found on reservation. Navigation of all lakes and streams to be forever free to citizens of the United States. (Art. 8.) Pa ijments. United States to expend for the Blackfoot, Piegan, Blood, and Gros Ventre Indians $200,000, in annual payments of $20,000 each, in goods and provisions, for ten years, exclusive of goods distributed at signing of treaty. If deemed insuffi cient, amount may be increased to $35,000 per annum. (Art, 9. ) Presiden t to determine expenditure of money and proportion for each tribe. (Art. 10.) Annuities not to be taken for individual debts. (Art 15.) Education. United States agrees to expend for the Blackfoot Nation a sum not to exceed $15,000 annually for ten years, to establish and instruct them in agriculture and mechanics, and for the education of their children. President may so apply an nuities provided. (Art. 10.) Dependence upon Government. Tribes acknowledge their dependence upon the Gov ernment and pledge themselves not to commit depredations or make war upon other tribes except in self-defense, and to surrender all offenders. (Art. 11.) Violation of this pledge punishable by forfeiture of property or payment of amount out of annui ties. (Art. 12. ) The several tribes agree to accept the guaranties for peace and the re muneration for depredations by other tribes made in this treaty in full, for past and future depredations of tribes west of the Rocky Mountains. (Art. 14.) Intoxicating liquors. Several tribes agree not to drink intoxicating liquor and to exclude the same from reservation. Violation punishable by withholding annuities. (Art. 13.) MONTANA TERRITORY FORT PECK AGENCY. 457 Treaty binding when ratified. (Art. 16.) Proclaimed April, 1856. l For statement concerning unratified treaties of July 18, 1866, and July 13, 15, and September 1, 1868, see Report of Indian Commissioner for 1867, pp. 16, 253 ; also re port for 1869, pp. 26, 290. An act to establish a reservation for certain Indians in the Territory of Montana. 2 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following-described tract of country in the Territory of Montana be, and the same is hereby, set apart for the use and occupation of the Gros Ventre, Piegau, Blood, Blackfoot, River Crow, and such other Indians as the Presi dent may, from time to time, see fit to locate thereon, viz: Commencing at the north west corner of the Territory of Dakota, being the intersection of the forty-ninth paral lel of north latitude and the one hundred and fourth meridian of west longitude; thence south to the south bank of the Missouri River; thence up and along the south bank of said river to a point opposite the mouth of the Marias River; thence along the main channel of the Marias River to Birch Creek; thence up the main channel of Birch Creek to its source; thence west to the summit of the main chain of the Rocky Mountains ; thence along the summit of the Rocky Mountains to the northern boundary of Montana; thence along said northern boundary to the place of beginning. Approved April 15, 1874. BlacTcfoot Reserve* DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, July 2, 1873. Ths above diagram is intended to show a proposed reservation for the Gros Ventre, Piegan, Blood, Blackfoot, River Crow, and other Indian&in the Territory of Montana. Said proposed reservation is indicated on the diagram by yellow colors, and is described as follows, viz : Commencing at the north-west corner of the Territory of Dakota, being the inter section of the forty-ninth parallel of north latitude and the one hundred and fourth meridian of west longitude ; thence south to the south bank of the Missouri River; thence up and along the south bank of said river to a point opposite the mouth of Medicine or Sun River ; thence in a westerly direction, following the south bank of said Medicine or Sun River as far as practicable to the summit of the main chain of the Rocky Mountains; thence along said summit in a northerly direction to the north boundary of Montana ; thence along said north boundary to the place of beginning; excepting and reserving therefrom existing military reservations. I respectfully recommend that the President be requested to order that the lands comprised within the above-described limits be withheld from entry and settlement as public lands, and that the same be set apart as an Indian reservation, as indicated in my report to the Department of this date. EDWARD P. SMITH, Commissioner. DEPARTMENT OF THE INTERIOR, July 3, 1873. Respectfully presented to the President, with the recommendation that he make the order above proposed by the Commissioner of Indian Affairs. W. II. SMITH, Acting Secretary. United States Statutes at Large, Vol. XI, p. 657. 2 Ibid., Vol. XVIII, p. 28. 3 Report of Indian Commissioner, 1886, p. 336. 458 INDIAN EDUCATION AND CIVILIZATION. EXECUTIVE MANSION, July 5, 1873. It is hereby ordered that the tract of country above described be withheld from entry and settlement as public lands, and that the same be set apart as a reservation for the Gros Ventre, Piegan, Blood, Blackfoot, River Crow, and other Indians, as recommended by the Secretary of the Interior and Commissioner of Indian Affairs. U. S. GRANT. EXECUTIVE MANSION, August 19, 1874. It is hereby ordered that all that tract of country in Montana Territory set apart by Executive order dated July 5, 1873, and not embraced within the tract set apart by act of Congress approved April 15, 1874, for the use and occupation of the Gros Ventre, Piegan, Blood, Blackfoot, River Crow, and other Indians, comprised within the fol lowing boundaries, viz : Commencing at a point on the south bank of the Missouri River, opposite the mouth of the Marias River ; thence along the main channel of the Marias River to Birch Creek ; thence up the main channel of Birch Creek to its source ; thence west to the summit of the main chain of the Rocky Mountains ; thence along said summit in a southerly direction to a point opposite the source of the Medicine or Sun River ; thence easterly to said source and down the south bank of said Medicine or Sun River to the south bank of the Missouri River ; thence down the south bank of the Missouri River to the place of beginning, be, and the same is hereby, restored to the public domain. U. S. GRANT. EXECUTIVE MANSION, April 13, 1875. It is hereby ordered that the tract of country in the Territory of Montana lying within the following-described boundaries, viz : Commencing at a point on the Mus- selshell River where the same is intersected by the forty-second parallel of north lati tude ; thence east with said parallel to the south bank of the Yellowstone River; thence down and with the south bank of said river to the south boundary of the mili tary reservation at Fort Buford ; thence west along the south boundary of said military reservation to its western boundary ; thence north along said western boundary to the south bank of the Missouri River ; thence up and with the south bank of said river to the mouth of the Musselshell River; thence up the middle of the main chan nel of said Musselshell River to the place of beginning, be, and the same hereby is, withdrawn from sale, and set apart as an addition to the present reservation for the Gros Ventre, Piegan, Blood, Blackfoot, and Crow Indians. U. S. GRANT. EXECUTIVE MANSION, July 13, 1880. It is hereby ordered that the tract of country in the Territory of Montana, being a portion of the tract of country which was set aside by Executive order of the 13th April, 1875, as an addition to the then existing reservation for the Gros Ventre, Pie gan, Blood, Blackfoot, and Crow Indians, known as the Blackfoot Reservation, and lying within the following-described boundaries, viz: Beginning at a point where the south boundary of the Fort Buford military reserve intersects the right bank of the Yellowstone River ; thence according to the true meridian west along the south boundary of said military reserve to its western boundary; thence continuing west to the right bank of the Missouri River; thence up and along said right bank, with the meanders thereof, to the middle of the main channel of the Musselshell River ; thence up and along the middle of the main channel of the Musselshell River, with the meanders thereof, to its intersection with the forty-seventh parallel of north lat itude ; thence east along said parallel to its intersection with the right bank of the Yellowstone River ; thence down and along said right bank, with the meanders there of, to the place of beginning, be, and the same hereby is, restored to the public do main. R. B. HAYES. MONTANA TERRITORY CROW AGENCY. 459 CROW AGENCY. [Post-office address : Crow Agency, Mont. ] CROW RESERVATION. How established. By treaty of May 7, 1868, agreement made June 12, 1880, approved by act of Congress April 11, 1882 5 agreement made August 22, 1.881, approved by Congress July 10, 1882. Area and survey. Four million seven hundred and thirteen thousand acres, of which 1,000,000 are classed as tillable. 1 Not surveyed. Acres cultivated. Nine hundred and twenty-six acres cultivated by Indians. 2 Tribes and population. The tribes living here are the Mountain and Eiver Crow. Total population, 3,226. 3 Location. "The reservation extends from the one hundred and seventh nearly to the one hundred and eleventh meridian, and from the Yellowstone to the Wyoming line. The Yellowstone Eange of the Rocky Mountains lie along nearly the entire southern boundary of the reser vation. Between the mountains and the river the country is hilly and broken, but covered with excellent grass; this and the numerous streams make it a desirable grazing region. m Government rations. Sixty-three per cent, of the Indians were sub sisted by Government rations in 1886. 5 Mills and Indian employes. There was a mill in 1869, burnt in 1876, but rebuilt in 1878. No Indian employes reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. 6 School population as estimated in 1886 700 Boarding and day school : Accommodation 65 Average attendance 40 Session (months) 10 Cost $4,695.62 One mission day school. 7 Missionary work. Unitarian. Church has a mission here. SYNOPSIS OP TREATIES. Treaty between the United Stales and the Crow Indians, made at the Mandan Village, Au gust 4, 1825. 8 The Crows acknowledge allegiance to United States and agree that all trade shall be regulated by the President. (Art. 1.) Also agree to respect and protect the life and property of citizens of the United States and to assist in the recovering of stolen properties. The United States agrees to indemnify in full the Indians for any losses 1 Report of Indian Commissioner, 1884, p. 310. 2 IUd., 1886, p. 430. 3 Ibid., 1884, p. 292. *Ibid., 1881, p. 114. 5 Ibid., 1886, p. 418. 6 Ibid., p.xciv. 7 Ibid., p. Ixvii. -United States Statutes at Large, Vol. VII, p. 266. 460 INDIAN EDUCATION AND CIVILIZATION. they may sustain from citizens. (Art. 5.) The Indians promise not to furnish arms or ammunition to tribes at war with the Government. (Art. 6.) For boundary of Crow Territory see imratified treaty Fort Laramie, page 454. Treaty between the United States and the Crow Indians, made at Fort Laramie, Dale., May 7, 1868. The tribe agrees to maintain peace, and the United States promises to protect the Indians. Offenders to be punished by law ; Indians to be re-imbursed for any losses or injury sustained, and the United States to pass such laws as are deemed best for the regulation of Indians. (Art. 1.) The Indians cede all their lands to the United States except that portion lying between the Yellowstone River on the north and west, the one hundred and seventh meridian on the east, and the forty-fifth degree of north latitude in the south, and the United States agrees that none but Government officials in the discharge of duties required by law shall ever be permitted to pass over, settle upon,or reside in the territory set apart for the Crow Indians. ( Art.3.) For thirty years each man, woman, and child to receive one suit of clothes, in accordance with the yearly census. For ten years, each roaming Indian to receive $10 annually, and to each Indian engaged in agriculture, $20 annually. (Art. 9.) Government to erect agency buildings and saw and grist mill, and to maintain an agent, physician, car penter, miller, engineer, farmer, and blacksmith. (Arts. 3 and 10.) Government to erect a school as soon as a sufficient number of children can be induced to attend school. Indians pledge themselves to compel their children between ages of six and sixteen to attend school, and for every thirty children Government to provide a house and teacher for twenty years. (Art. 7.) Indians agree to make the reservation their permanent home. Any Indian, head of a family, may select a tract of land not exceeding 320 acres; single persons over eighteen, not exceeding 80 acres ; a certificate shall be given, for the same and the tract recorded in the " Crow land book." (Art. 6.) When any one has selected land and received his certificate and the agent shall be satisfied that the Indian intends to cultivate the soil for a living, he shall be enti tled to receive seed and implements to the value of $100, and for three years follow ing to the value of $25. When over one hundred Indians shall be thus established in farming, an extra blacksmith shall be provided. When any Indian shall move on the reservation and begin to farm, he shall be given one good American cow, and one good pair of American oxen within sixty days. (Art. 9.) For three years a prize of $50 shall be given to the best farmers. (Art. 12. ) The President may order a survey of the reservation, and when so surveyed Congress shall provide for protecting the rights of Indians to their improvements and fix the character of the title to be held, and regulate the descent of property. (Art. 6.) The consent of a majority of male adults needful for any treaty involving cession of land, and no Indian living on an allotment lying in the tract proposed to be sold shall be deprived of his allotment without his consent. (Art. 11.) Treaty proclaimed August, 1868. * Crow Reserves* EXECUTIVE MANSION, October 20, 1875. It is hereby ordered that the tract of country, 20 miles in width, in the Territory of Montana, lying within the following-described boundaries, viz: Commencing at a point in the mid-channel of the Yellowstone River, where the one hundred and seventh degree of west longitude crosses the said river ; thence up said mid-channel of the Yellowstone to the mouth of Big Timber -Creek ; thence up said creek 20 miles, 1 United States Statutes at Large, Vol. XV, p. 649. 2 Report of Indian Commis sioner, 1886, p. 338. MONTANA TERRITORY CROW AGENCY. 461 if the said creek can be followed that distance; if not, then in the same direction continued from the source thereof to a point 20 miles from the mouth of said creek ; thence eastwardly along a line parallel to the Yellowstone no point of which shall he less than 20 miles from the river to. the one hundred and seventh degree west longitude ; thence south to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart for the use of the Crow tribe of Indians as an addi tion to their present reservation in said Territory, set apart in the second article of treaty of May 7, 1868 (Statutes at Large, Vol. XV, p. 650); provided that the same shall not interfere with the rights of any bona fide settlers who may have located on the tract of country herein described. U. S. GRANT. EXECUTIVE MANSION, March 8, 1876. By an Executive order dated October 20, 1875, the following-described tract of country, situated in Montana Territory, was withdrawn from public sale and set apart for the use of the Crow tribe of Indians in said Territory to be added to their reservation, viz : " Commencing at a point in the mid-channel of the Yellowstone River, where the oae hundred and seventh degree of west longitude crosses the said river; thence up said mid-channel of the Yellowstone to the mouth of Big Timber Creek ; thence up said creek 20 miles, if the said creek can be followed that distance ; if not, then in the same direction continued from the source thereof to a point 20 miles from the mouth of said creek; thence eastwardly along a line parallel to the Yellowstone no point of which shall be less than 20 miles from the river to the one hundred and seventh degree west longitude; thence south to the place of beginning." The said Executive order of October 20, 1875, above noted, is hereby revoked, and the tract of land therein described is again restored to the public domain. U. S. GBANT. Judith Basin Eeserve (Crow). 1 EXECUTIVE MANSION, January 31, 1874. It is hereby ordered that the following-described tract of country in the Territory of Montana, set apart as a reservation for the Crow tribe of Indians by the first arti cle of an agreement concluded with the said Indians, August 16, 1873, subject to the action of Congress, be, and the same is hereby, withdrawn from sale and settle ment, viz : " Commencing at a point on the Missouri River opposite to the mouth of Shankin Creek ; thence up the said creek to its head, and thence along the summit of the divide between the waters of Arrow and Judith Rivers and the waters entering the Missouri River, to a point opposite to the divide between the headwaters of the Judith River and the waters of the Muscle Shell River; thence along said divide to the Snowy Mountains, and along the summit of said Snowy Mountains, in a north-easterly direc tion, to a point nearest to the divide between the waters which run easterly to the Muscle Shell River and the waters running to the Judith River; thence northwardly along said divide to the divide between the headwaters of Armell's Creek and the headwaters of Dog River, and along said divide to the Missouri River ; thence up the middle of said river to the place of beginning (the said boundaries being in tended to include all the country drained by the Judith River, Arrow River, and Dog River)." U. S. GRANT. EXECUTIVE MANSION, March 25, 1875. By the first article of an agreement made by and between Felix R. Brunot, E. Whittlesey, and James Wright, commissioners on behalf of the United States, and the chiefs, headmen, and men representing the tribe of Crow Indians, under date of August 16, 1873, the following-described tract of country was set apart, subject to 1 Report of Indian Com'iuissipner, }886 ? p, 33J, 462 INDIAN EDUCATION AND CIVILIZATION. ratification by Congress, as a reservation for the absolute and undisturbed use and occupation of the Indians herein named, viz : " Commencing at a point on the Missouri River opposite to the mouth of Shankin Creek, thence up the said creek to its head, and thence along the summit of the divide between the waters of Arrow and Judith Rivers and the waters entering the Missouri River to a point opposite to the divide between the headwaters of the Judith River and the waters of the Muscle Shell River; thence along said divide to the Snowy Mountains, and along the summit of said Snowy Mountains in a north-easterly direction to a point nearest to the divide between the waters which run easterly to the Muscle Shell River and the waters running to the Judith River; thence northwardly along said divide to the divide between the headwaters of Armell's Creek and the headwaters of Dog River, and along said divide to the Missouri River ; thence up the middle of said river to the place of beginning (the said boundaries being intended to include all the country drained by the Judith River, Arrow River, and Dog River)." Pending its ratification by Congress, an order was issued January 31, 1874, with drawing said tract of country from sale or settlement. Inasmuch as these Indians have not removed to this country, and it is not proba ble that they will ever make it their home, and as Congress has not taken any deci sive action on said agreement, it is ordered that the order of January 31, 1874, be, and hereby is, cancelled, and said tract of country restored to the public domain. U. S. GRANT. Act of Congress, April 11, 1882, ratifying the agreement made at the Crow Agency, Mon tana, June 12, 1880. l The south-west corner of the reservation was ceded to the United States. This in cluded the land lying between the Boulder and Clark Creeks, the Yellowstone River, the forty-fifth parallel, and the line between townships 6 and 7 south, being an area of about 1,559,000 acres. (Sec. 1.) The United States to pay, in addition to annuities and sums for provisions and clothing already provided for, the sum of $30,000 for twenty-five years. The annuity to be paid in cash, or expended for houses, seeds, implements, and stock, as the President may direct. (Sec. 1.) The agricultural lands on tke reservation to be surveyed, and allotted in severalty, the title not to be subject to alienation, lease, incumbrance, or taxation for twenty-five years, or until such time as the President shall see fit to remove the restriction. Each head of a family to receive 160 acres of farming and 160 acres grazing land. Each single person over eighteen years and each orphan to receive 80 acres farming and 80 acres graz ing land. All under eighteen or born prior to allotments to recive 40 acres of each kind of land. (Sec. 1.) If the tribe shall consent to allow cattle to be driven across the reservation or grazed upon it, the Secretary of the Interior shall fix the amount paid for the use of the land and also regulate the payments of the same to the tribe, (Sec. 1.) The Secretary of the Interior is authorized to survey and allot the land, and caus^ patents to be issued in accordance with the above agreement, and the sum of $15,000 is appropriated for the survey of the reservation. (Sees. 2 and 3.) Act of Congress, July 10, 1882, approving agreement made icith Crow Indians August 22, 1881.3 The Crows, by a majority of male adults, ceded to the United States, for the Northern Pacific Railroad, a strip of land 400 feet in width along the line of the Northern Pacific Railroad, 200 feet on each side of the track, passing through their reservation, making 5,384 acres, more or less, and also eleven tracts for station-houses, depots, switches, etc., aggregating 266 acres, more or less; total 5,650 acres. (Sec. 1.) The United States to pay $25,000, to be expended for the benefit of the Crow Indians in such manner as the Secretary of the Interior may direct. (Sec. 1.) The United States agrees not to permit said railroad, its employe's' or agents, to trespass on the unceded lands, or to cut from them timber, wood, or hay. The Indians agree to permit the construction of 1 United States Statutes at Large, Vol. XXII, p. 42. 2 Ibid., p. 157. MONTANA TERRITORY FLATHEAD AGENCY. 463 three wagon roads, to be under the control of the United States, in addition to their road in use on the reservation, said roads to connect with the line of railroad at such points as the Secretary of the Interior may direct. The Northern Pacific Railroad Company agrees to pay all damages sustained by Indians lawfully residing on the reservation, on account of acts of said company, its employe's or agent, or fires origi nating in the construction or operation of said railroad. Damages to be recorded in any court in Montana having jurisdiction, or the United States attorney may accept such sums of money as in his,discretion may be just, without suit or action. All moneys accepted or recovered shall be covered into the Treasury of the United States, and placed to the credit of the tribe or of an individual Indian sustaining losses, and ex pended by the Secretary of Interior for the benefit of the tribe or the individual Indian, as the case may be. (Sees. 1, 2, 3.) FLATHEAD AGENCY. [Post-office address: Flathead Agency, Missoula County, Mont.] JOCKO RESERVATION. Hoiv established. By treaty July 16, 1855. Atea and survey. Contains 1,433,600 acres, of which 400,000 are classed as tillable. 1 Not surveyed. Acres cultivated. The Indians have under cultivation 6,860 acres. 2 Tribes and population. The tribes living here are the Carlos band, Flathead, 133 ; Kutenay, 615 ; and Pend d'Oreille, 9i6. Total popula tion, 2,280. 3 Location. The reservation is located in the north-western part of Montana. The country is mountainous, well wooded and watered. The valleys of the Jocko and other streams flowing into Flathead Lake are fertile, and adapted to farming and grazing. Irrigation, except in favored localities, is needed to secure steady crops. The agency is sit uated on a small tributary to the Jocko, about 2 miles from that river. Government rations. Eight per cent, of the Indians subsisted on Gov ernment rations in 1886. 4 Mills and Indian employes. A saw and grist mill, built in 1862-63, de stroyed by fire in 1869. Eebuilt in 1872. No Indian employes reported. Indian police. In 1877 a police organization, under the charge of Audre, second chief of the Pend d'Oreilles, having its headquarters at the mission, where a jail had been erected. The force was at the dis posal of the agent, and did good service during the Nez PerceV troubles. For present police, see Eeport of 1886, page 180. Indian court of offences. See Eeport 1886, page 180. School population, attendance, and support. 5 School population (estimated) in 1886 705 St. Ignatius boarding and day school (contract) : Accommodation 300 Average attendance 164 Session (months) 12 Cost - $22,500 1 Report of Indian Commissioner, 1884, p. 310. *IUd., 1886, p. 432. s llid., p. 400. *Il)id., p. 418. 5 IUd., p. xciv. 464 INDIAN EDUCATION AND CIVILIZATION. Missionary work. Boinan Catholic missionaries in charge. One church and two missionaries reported in 1886. 1 ipi SYNOPSIS OF TREATIES. Treaty between the confederated tribes of the Flatheads, Kutenay, and Upper Pend d'Oreilles Indians, made at Hell Gate, in the Bitter Root Mountains, July 16, 1855. The above tribes ceded the land lying between the divide of the Flat Bow and Clark's Fork Elvers, and the sources of the St. Regis Borgia and the Cceur d'Alene Rivers, the Bitter Root Mountains, the divide between the tributaries of the Bitter Root and Salmon and Snake Rivers, the main ridge of the Rocky Mountains, and the forty-ninth parallel. (Art 1.) A tract of land embracing the water-shed of the Jocko River and its tributaries and extending north to a line running half way in latitude between the northern and southern extension of the Flathead Lake was set apart for the exclusive use and benefit of the confederated tribes, who agree to reside thereon. If any substantial improvements have been made by any Indian upon the lands ceded, they shall be valued by the President and payment made in money or improvements of equal value made for the Indian upon the reservation. No Indian required to abandon his im provements until such value shall have been furnished him. (Art. 2.) Exclusive right to fish in all streams running through or bordering the reservation secured to the Indians. Also the right to fish in accustomed places in common with citizens of Territory and of erecting buildings for curing. (Art. 3.) In addition to the goods and provisions distributed at the signing of the treaty, the Indians shall receive the sum of $120,000. During the first year $36,000 to be expended under the direction of the President for removal to reservation, breaking up and fencing farms and building houses, etc., for the Indians. (Art. 4.) Remainder to be paid, in diminishing sums, for nineteen years. Five hundred dollars a year for twenty years to be paid as salary to the head chiefs of these confederated tribes. Also a furnished house to be built for them and ten acres of land plowed and fenced. (Art. 5. ) United States to erect a blacksmith shop, tin and gun shop, carpenter shop, wagon, and plow-maker shop, one saw and flouring mill and hospital, to furnish the same and keep them in repair. Two farmers, a blacksmith, tinner, gunsmith, carpenter, wagon and plow-maker, two millers and a physician to be furnished for the instruc tion of the Indians in the trades, these employe's to be kept in service for twenty years. (Art. 5.) Within one year after the ratification of this treaty an agricultural and industrial school with necessary buildings is to be erected, and the Government is to furnish and maintain the same for the term of twenty years for the children of the tribes. (Art. 5.) United States may run roads through the reservation. Indians to have right of way and free access to nearest public highway, and to travel thereon in common with citizens of the United States. (Art. 3.) President may cause the whole or portions of the reservation to be surveyed into lots and assigned to individuals or families on the same terms as provided in article 6 of the treaty with the Omahas. (Art. 6.) Indians acknowledge their dependence on the Government, and pledge themselves to commit no depredations. If this pledge be violated, the Government shall make compensation to the injured party out of annuities. Indians agree to make no war upon any tribe except in self-defense. Also, to submit all matters of disagreement to United States authorities. They agree not to shelter offenders against the laws of the United States, and to deliver them up for trial. (Art. 8.) United States to de fray transportation expenses. (Art. 5,) Annuities shall not be taken to pay debts of individuals. (Art. 7.) United States agrees to guarantee exclusive use of reserva tion against any claims of the Hudson Bay Company in consequence of a trading- post on the Pru-in River. (_4rt. 10.) i Report of Indian Commissioner, 1836, p, 419, MONTANA TERRITORY FLATHEAD AGENCY. 465 Any Indian bringing liquor upon the reservation or who drinks liquor, may have his portion of the annuities withheld for such time as the President may determine. (Art. 9.) It is, moreover, provided that the Bitter Root Valley, above the Loo-lo Fork, shall be carefully surveyed and examined, and if it shall prove, in the judgment of the President, to be better adapted to the wants of the Flathead tribe than the general reservation provided for in this treaty, then such portions of it as may be necessary shall be set apart as a separate reservation for the said tribe. No portion of the Bit ter Root Valley, above the Loo-lo Fork, shall be opened to settlement until such exam ination is had and the decision of the President made known. (Art. 11.) Treaty proclaimed, 1859. 1 Bitter Root Valley." 1 EXECUTIVE MANSION, November 14, 1871. The Bitter Root Valley, above the Loo-lo fork, in the Territory of Montana, having been carefully surveyed and examined in accordance with the eleventh article of the treaty of July 16, 1855, concluded at Hell Gate, in the Bitter Root Valley, between the United States and the Flatbead, Kootenay, and Upper Pend d'Oreilles Indians, which was ratified by the Senate, March 8, 1859, has proved, in the judgment of the President, not to be better adapted to the wants of the Flathead tribe than the gen eral reservation provided for in said treaty, it is therefore deemed unnecessary to set apart any portion of said Bitter Root Valley as a separate reservation for Indians referred to in said treaty. It is therefore ordered and directed that all Indians re siding in said Bitter Root Valley be removed as soon as practicable to the reservation provided for in the second article of said treaty, and that a just and impartial ap praisement be made of any substantial improvements made by said Indians upon any lands of the Bitter Root Valley, such as fields inclosed and cultivated, and houses erected; that such appraisement shall distinguish between improvements made be fore the date of said treaty and such as have been subsequently made. It is further ordered that, after the removal herein directed shall have been made, the Bitter Root Valley aforesaid shall be open to settlement. It is further ordered that if any of said Indians residing in the Bitter Root Valley desire to become citizens and reside upon the lands which they now occupy, not ex ceeding in quantity what is allowed uuder^the homestead and pre-emption laws to all citizens, such persons shall be permitted to remain in said valley, upon making known to the superintendent of Indian affairs for Montana Territory, by the first day of January, 1873, their intention to comply with these conditions. U. S. GRANT. Act of Congress, June 5, 1872. 3 It shall be the duty of the President, as soon as practicable, to remove the Flathead Indians, whether of full or mixed bloods, and all other Indians connected with said tribe and recognized as members thereof, from Bitter Root Valley to the Jocko Reser vation. (Sec. 1.) The lauds of the valley to be surveyed and open for citizens on the reservation for settlement. Accounts to be kept of the proceeds from all lands sold above the Loo-lo Fork, and out of the first moneys arising therefrom there shall be reserved and set apart for the use of said Indians $50,000, to be expended by the President in such manner as in his judgment shall be for the best good of the Indians, but no more than $5,000 shall be expeuded in one year. (Sec. 2.) 1 United States Statutes at Large, Vol. XII, p. 975; also, Ibid., Vol. XI, p. 657. 2 Report of Indian Commissioner, 1886, p. 336. 3 United States Statutes at Large, Vol. XVII, p. 226. S. Ex. 95 30 466 INDIAN EDUCATION AND CIVILIZATION. That any of said Indians, being the head of a family, or twenty-one years of age, who shall, at the passage of this act, be actually residing upon and cultivating any portion of said lands, shall be permitted to remain in said valley and pre-empt with out cost the land so occupied and cultivated, not exceeding in amount 160 acres for each of such Indians, for which he shall receive a patent without power of alienation : Provided, That such Indian shall, prior to August 1, 1872, notify the superintendent of Indian affairs for Montana Territory that he abandons his tribal relations with said tribe, and intends to remain in said valley: And provided further, That said superin tendent shall have given such Indian at least one month's notice prior to the date . last above mentioned of the provisions of this act, and of his right so to remain as provided in this section of this ac*t. (Sec. 3.) Agreement. Agreement made between James A. Garfield, special commissioner, and the Flat- heads in reference to their removal from the Bitter Root Valley and signed by but two of the chiefs the first chief refusing. (1) The United States to erect sixty good substantial houses 12 by 16 feet each, three to be double in size for the three chiefs, the location in the reservation of all the houses to be selected by chiefs. (2) The first year after their removal 600 bushels of wheat to be delivered to the Indians and ground into flour without cost to the Indians, and delivered in good con dition together with such potatoes and vegetables as can be spared from agency farm. (3) Suitable portions of land inclosed and broken for said Indians and a sufficient number of agricultural implements provided. (4) Agency employe's to do the work and some of the labor material or provisions charged as money. (5) The $5,000 now in hand for the removal of Indians to be paid in such form as the chiefs determine, except such portion as is necessarily expended in carrying out preceding provisions of this agreement. (6) The further sum of $50,000 to be paid in ten annual instalments as the Presi dent may direct, the payments not to modify any treaty payments. (7) This agreement not to affect any Indians taking land in the valley in accord ance with section 3 of act of Congress. (8) When the houses are built the Flaljiead tribe agree to remove to the reservation. Nothing in this agreement to deprive them from fishing and hunting in bands when they are entitled under existing treaties, or from selling their improvements in Bitter Root Valley. 1 Agreement. The Hon. Jos. K. Cannon effected, on the second day of September, 1882, an agree ment with the Flathead Indians to sell a right of way to the Northern Pacific Rail road through the Jocko Reservation, 53 miles, 200 feet wide ; also tracts for station purposes, aggregating in all about 1,430 acres, were ceded to the United States for the sum of $1,600, and that certain specified Indians be paid for their improvements upon the ceded lands, amounting in all to $7,500. This agreement subject to the approval of Congress. On July 4, 1884, Congress appropriated $16,000 for the purchase of the lands agreed to as above. 2 1 Report of Indian Commissioner, 1872, pp. 114, 115. 2 United States Statutes at Large, Vol. XXIII, p. 89. MONTANA TERRITORY TONGUE RIVER AGENCY. 467 TONGUE EIVELI AGENCY. [Post-office address: Muddy P. O., Mont.] NORTHERN CHEYENNE KESEWATION. How established. By Executive order, November 26, 1884. Area and survey. Contains 371,200 acres. 1 Not surveyed. Acres cultivated. The Indians have 75 acres under cultivation in 1886. 2 Tribes and population. The tribes living here are the Northern Cheyenne. Total population, 818. 3 Location. The agency is located on Lame Deer Creek, a tributary of the Kose Bud about 4 miles from the mouth of the Lame Deer. 4 Government rations. Seventy-five per cent, of these Indians subsisted by Government rations in 1886. 5 Mills and Indian employes. None reported. Indian police. Organized in 1886. 6 Indian court of offences. None reported. School population and attendance. School population as estimated in 1886 7 171 St. Labre's Mission (contract) Custer County : Accommodation 70 Average attendance *. 30 Session (months) 12 Cost to Government 8 $3,420 69 Missionary worlc. Eoman Catholic Church has charge. Treaty with Northern Cheyenne and Northern Arapahoes, made at Fort Laramie, Wyo., May 10, 1868. Peace established. White offenders against Indians to be punished. Indian of fenders to be delivered up to punishment by law. Loss of property to be examined as prescribed. (Art. 1 . ) Reservations and cessions. Indians agree to make their home on reservation desig nated for southern Arapahoes and Cheyennes by treaty of October 28, 1867, or else to live on reservation set apart for Sioux Indians by treaty April 29, 1868, or to at tach themselves to Crow Agency as established by treaty of May 7, 1868. Northern Cheyenne 1 and Arapahoe cede to the United States all claim to territory outside said reservation, " except the right to roam and hunt while game shall be found in suf ficient quantities to justify the chase." (Art. 2.) Land in severalty. Any head of a family authorized to select 320 acres, orperson over eighteen 80 acres, on any of said reservations, selections to be recorded in " Land Book," and certificates issued. President may order survey, protect settlers on their improvements, and fix character of title. United States to regulate alienation under descent of property. (Art. 3. ) Provisions for seed, implements, and prizes, same as in articles 8 and 14 of preceding treaty. Educational provisions same as article 7 of preceding treaty. In lieu of annuities under other treaties, clothing provided as stipulated for thirty years, also $10 for each Indian roaming and $20 for each Indian engaged in agricult- 1 Report of Indian Commissioner, 1386, p. 338. *Ibid., p. 432. 3 Ibid., p. 402. 4 Ibid., p. 185. 5 lbid. } p. 418. fi Ibid., p. 18o. 7 Ibid. } p. 402. s lbid. } p. xciv. 468 INDIAN EDUCATION AND CIVILIZATION. ure for tec years, to be expended by the Secretary of the Interior. If deemed best Congress may change appropriation for clothing to be used for other purposes benefi cial to said Indians. Army officer to be present at distribution. Any Indian over four years of age, settling perma{fcntly on a reservation and complying with this treaty, to receive for four years 1 pound of meat, 1 pound of Hour per day, if he can not sooner furnish his own subsistence. Any family beginning farming to receive one pair of oxen, one cow. (Art. 6.) United States to furnish employe's. (Art. 7.) Future treaties for cessions not valid unless signed by a majority of adult male Indians interested in the same. No one to be deprived of his selected lands. (Art. 8.) Proclaimed August 25, 1868. l Agreement with Northern Cheyenne and Arapahoe and Sioux Nations, made at Sioux agencies from September 26 to October 27, 1876. Eatified February 28, 1877. 2 See Sioux treaty same date, page 276. ARAPAHOE TREATIES. Unratified treaty made ivith Northern Arapahoe, Cheyenne, and other tribes, at Fort Lara- mie, Wyo., September 17, 1851. 3 See Blackfoot treaties same date Montana. Treaty with the Arapahoes and Cheyenncs of Upper Arkansas River, made at Fort Wise, Kans., February 18, 1861. 4 See Cheyenne and Arapahoe treaty, same date Indian Territory. Treaty with the Arapahoes and Cheyennes of the Upper Ai'kansas, made at Little Arkansas River, October 14, 1865. s See Cheyenne and Arapahoe treaty, same date Indian Territory. Treaty with the Arapahoes, Cheyennes, and Apaches, made at Little Arkansas River, Oc tober 17, 1865. 6 See Apache treaty same date Indian Territory. Treaty with the Arapahoes and Cheyennes, made at Medicine Lodge Creek, Kans., October 28, 1867. 7 See Cheyenne and Arapahoe treaty, same date Indian Territory. Treaty between the Northern ArapaJioes, Northern Cheyennes, and Sioux, made at Red Cloud, Spotted Tail, Standing Rock, Cheyenne River, Crow Creek, Lower Brule, and Santee Agencies from September 26 to October 27, 1876. 8 See Northern Cheyenne and Araphoe treaty same date, page 276. Unratified treaty made ivith Arickaree and other tribes at Fort Laramie, Wyo., September 17, 1851. 9 See Blackfoot treaty, same date Montana. Unratified agreement with Arickaree, Gros Ventre, Handan, and other tribes, made at Fort Berthold, Dak., July 27, 1866. 10 See Mandan treaty same date Dakota. 1 United States Statutes at Large, Vol. XV, p. 655. 2 Ibid., Vol. XIX, p. 254. 3 Indian Laws, p. 317. 4 United States Statutes at Large, Vol. XII, p. 1163. 5 / bid. , Vol. XIV, p. 703. 6 Ibid. t p. 713. * Ibid., Vol. XV, p. 593. 8 Ibid., Vol. XIX, p. 254. 9 Indian Laws, p. 317. 10 Ibid., p. 322. MONTANA TERRITORY TONGUE RIVER AGENCY. 469 Treaty with Bannock and Eastern bands of Shoshones, made at Fort Bridger, Utah, July 3 ? 1868. 1 See Shoshone treaty same date Wyoming. Executive order, November 26, 1884. 2 It is hereby ordered that the following-described country, lying within the bounda ries of the Territory of Montana, viz : Beginning at the point on the one hundred and seventh meridian of west longitude (said meridian being the eastern boundary of the Crow Indian Reservation) where the southern 40-mile limits of the grant to the North ern Pacific Railroad Company intersect said one hundred and seventh meridian . thence south along said meridian to a point 30 miles south of the point where the Montana base line, when extended, will intersect said meridian; thence due east to a point 12 miles east of the Rosebud River ; thence in a northerly and north-easterly direction, along a line parallel with said Rosebud River, and 12 miles distant there from, to a point on the southern 40-mile limits of the grant to the Northern Pacific Railroad Company, 12 miles distant from said Rosebud River ; thence westwardly along the said southern limits and across the said Rosebud River to the place of be ginning, be, and the same is hereby, withheld from sale and settlement, and set apart as a reservation for the use and occupation of the Northern Cheyenne Indians, now residing in the southern portion of Montana Territory, and such other Indians as the Secretary of the Interior may see fit to locate thereon : Provided, hoivever, That any tract or tracts of laud included within the foregoing described boundaries which have been located, resided upon, and improved by bona-ti'de settlers, prior to the 1st day of October, 1884, to the amount to which such settlers might be entitled under the laws regulating the disposition of the public lands of the United States, or to which valid rights have attached under said laws, are hereby excluded from the reservation hereby made. CHESTER A. ARTHUR. 1 United States Statutes at Large, Vol. XV, p,. 673. * Report of Indian Commis sioner, 1886, p. 339. CHAPTER XVI. INDIAN BESEKVATIONS OF NEBRASKA, NEVADA, AND NEW MEXICO. 'NEBRASKA. For the early history of the Territory from which Nebraska was formed, see Dakota. It was organized as a Territory May 30, 1854, 1 and admitted as a State February 9, 1867. 2 Of the Indians originally residing here, the Pawnees, Otoes, Chey- ennes, and Arapahoes have been removed to the Indian Territory. The Omahas are the only original inhabitants left, the other Indians having been placed on their present reservations by the United States. There are six reservations, containing an aggregate area of 372,394.97 acres, and an Indian population of 4,425. There are two agencies, the Santee and Flandre.au Agency, having charge of Niobrara Reservation, Ponca Eeservation in Dakota, and the Sioux residing at Flandreau, Dakota ; the Omaha and Winnebago Agency, having in charge the Omaha and the Winnebago Eeservatious; an Executive order reserva tion consisting of a small strip adjoining the Pine Eidge Agency on the Sioux Eeservation. The Iowa and Sac and Fox Eeservations lie partly in Nebraska and partly in Kansas, and are under the Pottawatomie and great Nemaha Agency, Kansas. SANTEE AND FLANDREAU AGKENCY. [Post-office address : Santee Agency, Knox County, Nebr. ] NIOBRARA RESERVATION. How established. By act of Congress approved March 3, 1863 ; treaty of April 29, 1868 ; Executive orders, February 27, July 20, 1866, Novem ber 16, 1867, August 31, 1869, December 31, 1873, February 9, 1885. Area and survey. There have been 32,875.75 acres selected as home steads, 38,908.91 acres selected as allotments, and 1,130.70 acres selected for agency, school, and mission purposes. 3 Acres cultivated. Number of acres cultivated by Indians, 3,860. 4 Tribes and population. The tribe living here is the Santee Sioux. Population, 1,010. 5 1 United States Statutes at Large, Vol. X, p. 277. 2 Jbid., Vol. XIV, p. 391. 3 Report of Indian Commissioner, 1886, p. 386. 4 Ibid., p. 432. *IUd. t p. 402. 470 NEBRASKA SANTEE AND FLANDREAU AGENCY. 471 Location. The reservation is located on the west bank of the Missouri Biver, in townships 31, 32, and 33, ranges 4 and 5 west, in Knox County, Nebr., occupying about two-thirds of the land of the six townships named, or 69,099.46 acres allotted to Indians, 492.60 acres retained for agency and Government industrial school, 480 acres for American Mis sionary Association, and 158.10 acres to Protestant Episcopal Mission, making a total of 70,230.16 acres allotted to and held by Indians and retained for agency, school, and missionary purposes. Sometimes a quarter or whole section would be left, which was taken by white peo ple when a portion (44,770 acres) of the Santee reservation was restored to the public domain by Executive order of President Arthur dated February 9, 1885. So that white people own land and are living ad joining the Indians. Sometimes a white man will have an Indian ad joining him on either side, and the same with an Indian, and again there are many places where the land is occupied by Indians solidly. One hundred and thirty-two patents for 160 acres, more or less, have been issued to these Indians under sixth article of treaty concluded April 29, 1868, one hundred and twenty-three of them having twenty- five years' restrictive clause as per "An act making appropriation for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1884, and for other purposes." So that the title to the same can not be transferred for a period of twenty-five years, or the land held for any debt contracted by the Indians, and no contract or incumbrance or liability of said land for payment thereof shall be valid. 1 By the severalty act of February 8, 1887, these Indians are made citi zens of the United States. Government rations. Two per cent, of these Indians subsisted by Government rations as reported in 1886. 2 Mills and Indian employes. Mill established and Indian employes reported. Indian police. Established. Indian court of offences. Established. School population, attendance, and support. 3 School population as estimated in 1886, 205. School. Accommo dation. Average attendance. Session. Cost. Boarding school 50 32 170 50 49 32 111 27 Months. 10 10 12 9 $8, 801. 94 1, 092. 87 12, 900. 00 709. 00 Hope boarding (con Normal training (cc Flandreau, day . . . . . tract) . ntract) .... Outside settlement ; population 73. 1 Report of Indian Commissioner, 1886, p. 189. 3 Ibid., p. 418. s lbid., p. xciv. 472 INDIAN EDUCATION AND CIVILIZATION. Missionary work. -American Mission Association, under the care of Rev. A. L. Riggs, and the Protestant Episcopal, under the Rev. W. W. Fowler, have missions among these Indians. Treaty with the Santees made by Lieut. Z. M. Pike, September 23, 1805. 1 See Sioux treaty same date, p. 262. Treaty with the Santees made at Portage des Sioux, July 19, 1815. 3 See Sioux treaty same date, p. 262. Treaty with the Santees made at Prairie des Chiens, Michigan, August 19, 1825. 3 See Sioux treaty same date, p. 263. Treaty with the Santees made at Prairie du Chien, Michigan, July 15, 1830. 4 See Sioux treaty same date, p. 265. Treaty with the Santees made at Prairie du Chien, Michigan, September 10, 1836. 5 See Sioux treaty same date, p. 266. Treaty ivith the Santees made at Bellevue, Upper Missouri, October 15, 1836. 6 See Sioux treaty same date, p. 266. Treaty with the Santees made at Washington, September 29, 1837. 7 See Sioux treaty same date, p. 266. Treaty with the Santees made at Traverse des Sioux, Minnesota, July 23, 1851, 8 See Sioux treaty same date, p. 267. Treaty with the Santees made at Mendota, Minn., August 5, 1851. 9 See Sioux treaty same date, p. 267. Treaty with the Santees made at Washington, June 19, 1858. 10 See Sioux treaty same date, p. 268. By act of Congress, June 27, I860. 11 See act of Congress for Sioux same date, p. 269. By act of Congress, February 16, 1863. 12 See act of Congress for Sioux same date, p. 269. By act of Congress, March 3, 1863. 13 See act of Congress for Sioux, same date, page 270. Treaty with the Santees made at Fort Laramie, Dakota, April 29, 1868. 14 See Sioux treaty, same date, page 272. 1 Indian Laws, p. 316. 3 United States Statutes at Large, Vol. VII, p. 126. 3 Ibtd., p. 272. 4 Ibid., pp. 328-332. 5 Ibid., p. 510. 6 Ibid., pp. 524-526. 7 Ibid., p. 53d. Ibid., Vol. X, pp. 949-953. 9 Ibid., pp. 954-959. 10 Ibid.,Vol. XII, p. 1031. " Ibid., p. 1042. 13 Ibid., p. 652. " Ibid., p. 803. " Ibid, Vol. XV, p. 635. NEBRASKA SANTEE AND FLANDREAU AGENCY. 473 Treaty ivith tlie Santees, made at Red Cloud, Spotted Tail, Standing Rock, Qifieyenne River, Crow Creek, Lower Bride, and Santee Agencies, from September 26 to October 27, 1876. 1 See Sioux treaty, same date, page 276. Niobrara Reserve."* DEPARTMENT OF THE INTERIOR, Washington, D.C., February 26, 1866. SIR : I have the honor to submit herewith a letter addressed to this Department by the Commissioner of Indian Affairs, requesting the reservation from pre-emption or sale of townships 31 and 32 north, range 5 west, and townships 31 and 32 north, range 6 west of the principal sixth meridian, in Nebraska Territory, until the action of Con gress be had, with a view to the setting apart of these townships as a reservation for the Santee Sioux Indians now at Crow Creek, Dakota ; and recommend that you direct those lands to be withdrawn from market and held in reserve for the purpose indi cated. I am, sir, very respectfully, your obedient servant, JAMES HARLAN, Secretary. The PRESIDENT OF THE UNITED STATES. EXECUTIVE MANSION, February 27, 1866. Let the lands within named be withdrawn from market and reserved for the pur poses indicated. ANDREW JOHNSON, President of the United States. EXECUTIVE MANSION, July 20, 1866. Let the townships embraced within the lines shaded red on the within diagram be, in addition to those heretofore withdrawn from sale by my order of 27th February last, reserved from sale and set apart as an Indian reservation for the use of Sioux Indians, as recommended by the Secretary of the Interior, in letter of July 19, 1866. ANDREW JOHNSON, President. The above order embraces township 31 north, range 8 west ; township 31 north, range 7 west ; that portion of township 32 north, range 8 west, and of township 32 north, range 7 west, lying south of the Niobrara River, and that portion of township 35 north, range 5 west, lying south of the Missouri River in Nebraska. [For diagram, see letter from the Commissioner of the General Land Office, dated November 23, 1878. ] (For Executive order of March 20, 1867, see " Dakota.") DEPARTMENT OF THE INTERIOR, Washington, D. C., November 15, 1867. SIR : For the reasons mentioned in the accompanying copies of reports from the Acting Commissioner of Indian Affairs and the Commissioner of the General Land Office, dated, respectively, the 7th and 13th instant, I have the honor to recommend that you order the withdrawal from sale, and the setting apart for the use of the San tee Sioux Indians, the following described tracts of land lying adjacent to the present Sioux Indian Reservation on the Niobrara and Missouri Rivers in Nebraska, viz : Township 32 north, of range 4 west of the sixth principal meridian and fractional section 7, fractional section 16, fractional section 17, and sections 18, 19,20,21,28,29, 1 United States Statutes at Large, Vol. XIV, p. 254. 3 Report of Indian Commis sioner, 1886, p. 340. 474 INDIAN EDUCATION AND CIVILIZATION. 30, 31, 32, and 3, of fractional township No. 33 north, of range 4 west of the sixth principal meridian, he withdrawn from market, and that fractional township No. 32 north, of range 6 west of the sixth principal meridian, now a portion of the reservation, be restored to market. I am, sir, very respectfully, your obedient servant, O. H. BROWNING, Secretary. The PRESIDENT. NOVEMBER 16, 1867. Let the within recommendations of the Secretary of the Interior be carried into effect. ANDREW JOHNSON. Santee Sioux Reserve. 1 DEPARTMENT OP THE INTERIOR, OFFICE INDIAN AFFAIRS, Washington, D. C., March 19, 1867. As special commissioner I have concluded a preliminary arrangement with the San- tee Sioux, now at the mouth of the Niobrara, by which they consent to go into a res ervation in the territory of Dakota, and lying between the Big Sioux on the east and the James River on the west, and between the forty-fourth and forty-fifth parallels of latitude. This reservation is selected with the approbation of the Governor of the Territory and the Delegate in Congress, as also the surveyor-general of the said Terri tory. I am informed that there are no white settlements within its limits, and no part of it has yet been surveyed by the United States. I would, therefore, request that an order be issued by the President to withdraw from market the lands embraced within the limits of the said reservation, so as to keep the whites from attempting any settlement within it. This, I am informed, has been the practice in many similar cases. As it is important that the Indians should be removed as soon as possible, I would request that this order be issued immediately. I am, with great respect, your obedient servant, LEWIS V. BOGY, Special Commissioner. To the SECRETARY OF THE INTERIOR, Washington City. P. S. I hand you a letter from General Tripp, surveyor-general of Dakota, recom mending the withdrawal of this land from market. DEPARTMENT OF THE INTERIOR, March 20, 1867. I respectfully lay before the President the proposition of Special Commissioner Bogy, as herein contained, and recommend that the lands described be withdrawn rom market. O. H. BROWNING, Secretary. Let the lands be withdrawn as recommended. ANDREW JOHNSON. MARCH 20, 1867. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., July 6, 1869. SIR : I have the honor to transmit herewith a letter from the Commissioner of the General Land Office, dated the 2d ultimo, asking information relative to the Santee Report of Indian Commissioner, 1886, pp. 320-321. NEBRASKA SANTEE AND FLANDREAU AGENCY. 475 Sioux Indian Reservation, situated between the Big Sioux and James Rivers, and be tween the forty-fourth and forty-fifth parallels of north latitude, in Dakota Territory, and suggesting that if those lands are no longer occupied by Indians, necessary steps should be taken to restore them to the public domain. This office has informally obtained from the General Land Office the inclosed copy of a letter and indorsements, by which it appears that Lewis V. Bogy, as a special commissioner, selected the above-described reservation, and that upon the recom mendation of Hon. O. H. Browning, then Secretary of the Interior, the said lands were withdrawn from market by order of the President, dated March 20, 1867. The Santee Sioux Indians have never occupied this reservation. They have a res ervation on the Niobrara River, in Nebraska, where I deem it proper they should re main. It is not practicable for them to be located upon the reserve above described. I, therefore, respectfully recommend that the order of the President withdrawing the above-described lands from market may be rescinded. Please return the accompanying papers. Very respectfully, your obedient servant, E. S. PARKER, Commissioner. Hon. J.D. Cox, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, July 10, 1869. The proposition of the Commissioner of Indian Affairs is approved, and I respect fully recommend that the la nds withheld be restored to market. J. D. Cox, Secretary. EXECUTIVE MANSION, July 13, 1869. I hereby rescind the Executive order of March 20, 1867, referred to, and direct the restoration of the lands withheld to market. U. S. GRANT. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., August 28, 1869. SIR: I have the honor to call your attention to the inclosed copy of a letter from Superintendent Samuel M. Janney, dated the 20th instant, relative to the reservation of the Santee Sioux Indians in Nebraska. The lauds at present withdrawn from sale for the purpose of this reservation are as follows : Acre8. Township 32 north, range 4 west of sixth principal meridian 23,397.96 So much of the west half of the fractional township 33 north, range 4 west, as lies south of the Missouri River 7, 571. 40 Township 31 north, range 5 west 22, 968. 64 Fractional township 32 north, range 5 west.... 21, 601. 41 So much of fractional township 33 north, range 5 west, as lies south of Mis souri River 8,983.20 Fractional township.31 north, range 6 west , 22,568.10 Fractional township 31 north, range 7 west - 21,592.29 Fractional township 32 north, range 7 west 1, 460. 42 Fractional township 31 north, range 8 west 22, 999. 69 Fractional township 32 north, range 8 west . * * . * 12, 051. 92 Making the total area of present reservation 165, 195. 03 476 INDIAN EDUCATION AND CIVILIZATION. The recommendation of Superintendent Janney, contained in his above-mentioned letter, is that the boundaries of the present reservation be changed as follows : That Acres. Township 31 north, range 4 west 22,968.61 So much of the east half of fractional township 33 north, range 4 west, as lies south of the Missouri River ; viz, fractional sections 2, 3, 10, 11, 14, 15, section 22, fractional sections 23, 24, sections 25, 26. 27, 34, 35, 36.. 7,584.70 Total 30,5:3.31 be added to the present reservation ; and that Acres. Fractional township 31 north, range 6 west 22, 568. 10 Fractional township 31 north, range 7 west 21,592.29 Fractional township 32 north, range 7 west 1,460. 42 Fractional township 31 north, range 8 west 22,999.69 Fractional township 32 north, range 8 west 12, 051. 92 Total 80,672.42 be restored to market. The additional lands which Superintendent Janney recommends to be added to the present reservation contain an area of 30,553.31 acres, and the lands which he recom mends to be restored to market contain an area of 80,672.42 acres. The reservation, therefore, if re-adj usted in this manner, will contain a total area of 115,075.92 acres. I am of opinion that this change should be made, and respectfully recommend, should you approve, that the President be requested to direct that township 31 north, range 4 west of the sixth principal meridian, and so much of the east half of fractional township 33 north, range 4 west, as lies south of the Missouri River, viz, fractional sections 2, 3, 10, 11, 14, 15, section 22, fractional sections 23, 24, sections 25, 26, 27, 34, 35, and 36 be withdrawn from market and added to the present reservation ; and that fractional township 31 north, range 6 west of the sixth principal meridian ; fractional township 31 north, range 7 west of the sixth principal meridian ; fractional township 32 north, range 7 west of the sixth principal meridian; fractional township 31 north, range 8 west of the sixth principal meridian ; fractional township 32 north, range 8 west of the sixth principal meridian, which is a portion of the land previously withdrawn from sale by the President's order of July 20, 1866, be restored to market, this being in accordance with the recommendation of Superintendent Janney, as above stated. I transmit herewith a plat showing the boundaries of the present reservation and the proposed changes of the same, which you will please to have returned to this office. 1 Very respectfully, your obedient servant, E. S. PARKER, Hon. W. T. OTTO, Commissioner. Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, Washington, D. C., August 31, 1869. SIR : I have the honor to transmit herewith a report of the Commissioner of Indian Affairs of the 28th instant, and accompanying papers, in relation to proposed changes in the Santee Sioux Indian Reservation, as therein suggested, and respectfully recom mend that the President order the restoration to market of certain lands designated in the Commissioner's report, and the withdrawal from sale of the lands therein de scribed. With great respect, your obedient servant, J. D. Cox, Secretary. WASHINGTON, August 31, 1869. The within recommendation of the Secretary of the Interior is hereby approved, and the necessary action will be taken to carry it into effect. U. S. GRANT. 'From Report of Indian Commissioner, 1886, p. 341. NEBRASKA SANTEE AND FLANDREAU AGENCY. 477 EXECUTIVE MANSION, December 31, 1873. It is hereby ordered that Executive order dated August 31, 1869, adding certain lands to the Santee Sioux Indian Reservation in Nebraska, be, and the same is hereby, amended so as to exempt from its operation lots 1, 2,- 3, and 4, of section 3, township 33, range 4, previously patented to Thomas J. Quinn, on Sioux half-breed script No. 349 D.i U. S. GRANT. EXECUTIVE MANSION, January 24, 1882. It is hereby ordered that the following-described tract of country in the State of Nebraska, viz : Beginning at a point on the boundary line between the State of Ne braska and the Territory of Dakota, where the range line between ranges 44 and 45 west of the sixth principal meridian, in the Territory of Dakota, intersects said boundary line; thence east along said boundary line 5 miles; thence due south 5 miles ; thence due west 10 miles; thence due north to said boundary line; thence due east along said boundary line to the place of beginning, be, and the same is hereby, withdrawn from sale, and set aside as au addition to the present Sioux Indian Reser vation in the Territory of Dakota. This order of reservation to continue during the pleasure of the President. 2 CHESTER A. ARTHUR. The following act provided for restricted patents to be issued to the Santee Sioux Indians : u provided, That the patents authorized to be issued to certain individual Indians by the concluding paragraph of article six of the treaty with the Sioux In dians [April 29, 1868], proclaimed the twenty-fourth day of February, eighteen hun dred and sixty-nine, shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or in case of his decease, of his heirs, according to the laws of the State or Ter ritory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever, and no contract by any such Indian creating any charge or incumbrance thereon, or liability of said land for payment thereof, shall be valid." 3 EXECUTIVE MANSION, February 9, 1885. It is hereby ordered that all the lands within the Niobrara or Sautee Sioux Indian Reservation, in the State of Nebraska, remaining unallotted to, and unselected by, the Indians of said reservation under the act of March 3, 1863, and the Sioux treaty of April 29, 1868, respectively, on the 15th day -of April, 1885, except such as are oc cupied for agency, school, and missionary purposes, be, and the same are hereby, restored to the public domain from and after that date and made subject to settle ment and entry on and after May 15, 1885. 4 CHESTER A. ARTHUR. 1 From Report of Indian Commissioner, 1886, p. 342. 3 Hid., p. 322. 3 United States Statutes at Large, Vol. XXII, p. 444. * From Report of Indian Commis sioner, 1886, p. 342. 478 INDIAN EDUCATION AND CIVILIZATION. POTTAWATOMIE AND GREAT NEMAHA AGENCY, KANSAS. IOWA RESERVATION. How established. By treaties of May 17, 1854, and of March 6, 1861. Area and survey. Contains 16,000 acres, of which 14,500 are classed as tillable. 1 Out boundaries surveyed. 2 Acres cultivated. Contains 4,399 acres cultivated by Indians, 3 as re^ ported in 1886. Tribes and population. The tribes living here are the Iowa, and Sac and Fox, of Missouri. Population, 342 4 in 1886. Location. The reservation is in the south-eastern part of Nebraska, and extends over the border into Kansas. A portion of the land is excel lent for grazing and farming, interspersed with streams and well tim bered. 5 No statistics of agency officials given. The Indians maintain shops. 6 School population, attendance, and support. 7 School population of Iowa and Sac and Fox, as estimated in 1886 50 Iowa and Sac and Fox boarding school : Accommodation 50 Average attendance 26 Session (months) 11 Cost to Government $3,697.02 Missionary work. Not reported . SYNOPSIS OF IOWA TREATIES. Treaty with the loivas, made at Portage des Sioux September 16, 1815. (United States Statutes at Large, Vol. VII, p. 136.) See similar Sioux treaty, page 262. Treaty with the loivas, made at Washington August 4, 1824. Indians cede to United States all land east of a line running from the mouth of the Kansas River north 100 miles to the north-west boundary of Missouri, and thence to the Mississippi. (Art. I.) 8 Five hundred dollars paid in cash or merchandise and $500 annually for ten years. (Art. 2.) Indians not to settle or hunt" upon ceded land. (Art. 3.) Protection of the United States acknowledged. (Art. 4.) Blacksmith pro vided; also farming implements and cattle as President may determine to be expedi ent. (Art. 5.) Annuities stipulated to be paid in cash, merchandise, or stock. (Art. 6.) Treaty binding when ratified. (Art. 7.) Proclaimed January 18, 1825. (United States Statutes at Large, Vol. VII, p. 231.) See treaty of August 19, 1825, page 263. Treaty with the loiva and other tribes, made at Prairie du Chie.Uj Michigan Territory, Au gust 19, 1825. See Sioux treaty same date, p. 263. (United States Statutes at Large, Vol. VII, p. 272.) 1 Report of Indian Commissioner, 18d4, p. 310. 2 Ibid., p. 261. 3 Ibid., 1886, p. 430. *Ibid., p. 400. 5 Ibid., 1882, p. 93. e lbid., 1886, p. 162. ''Ibid., p. xcii. 8 See similar cession bv Sac and Fox treaty, August 4, 1824. NEBRASKA POTTAWATOMIE AND GREAT NEMAHA AGENCY. 479 Treaty with the Iowa and other tribes, made at Prairie du Chien, Michigan Territory, July 15, 1330. See Sioux treaty same date, page 265. l Treaty with, the lowas and Sac and Fox Indians, made at Fort Leavenworth September 17, 1836. Indians cede to the United States their land lying between the State of Missouri and the Missouri River ; $7,500 paid. (Art. 1.) Four hundred sections oflaud lying north of the Kickapoo land and between the Grand Nemaha and Missouri Rivers set apart for said tribes. Upper half for lowas, lower half to Sac and Fox. (Art. 2.) United States to assist in removing, to build houses, and break ground, and to fur nish stock, farmer, blacksmith, school master, and interpreter as long as President may deem proper. Also mill and agricultural implements for five years. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed February 15, 1837. 2 Treaty with the lowas, made at St. Louis November 23, 1837. Indians cede all rights in land ceded by treaty of July 15, 1830. (Art. 1.) Two thousand five hundred dollars in horses and goods. (Art. 2.) United States to pay expenses of treaty. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed February 21, 1838. 3 Treaty with the Iowa Indians, made at the Great Nemaha October 19, 1838. lowas cede all land between the Missouri and Mississippi as claimed in treaty of August 19, 1825. All claims under treaty of August 4, 1824 ; July 15, 1830 ; and Sep tember 17, 1836, except the securing of two hundred sections of land, the erection of five houses, breaking 200 acres, ferry boat, 100 cows, 205 head of stock, and mill and interpreter, ceded. (Art. 1.) Sum of $157,500 invested at 5 per cent. Portion of in come to be applied for blacksmith, and $50 annually out of tribal funds to interpreter for life. Education under direction of President. (Art. 2.) Ten additional houses to be erected. (Art. 3.) Treaty binding when ratified. (Art. 4.) Proclaimed March 2, 1839. 4 Treaty with the lowas, made at Washington May 17, 1854. lowas cede all the territory set apart by the treaty of September 17, 1836, except the following tract : From the mouth of the Great Nemaha, down the Missouri to the mouth of No-land's Creek, thence due south 1 mile, thence due west to south fork of Nemaha, down said fork with its meanders to Great Nemaba, thence with the mean ders of said river to the place of beginning. This country to be the permanent home of the Iowa Indians. (Art. 1.) United States to survey and sell the ceded territory, as described. (Arts. 2 and 3.) Any territory belonging to the Sac and Fox included within the Iowa Reservation, an equal amount to be set apart for them. (Art. 4.) Proceeds from sale, exclusive of expenses, to be invested and applied to civilization and education and religious culture of the lowas. (Art. 5.) Iowa Reservation to be surveyed and allotted. Congress to provide for issuing patents with restrictions. (Art. 6. ) The lowas grant 320 acres to the Board of Foreign Missions of the Presby terian Church, and 160 acres to be of timber. President to issue patents. Also grant of 320 acres to their interpreter. (Art. 7.) Private debts not to be paid out of general fund. (Art. 8.) Sum of $100,000 of amount provided in article 2, treaty of October 19, 1838, to be expended in two payments for agricultural improvements. Remainder to remain as trust fund. Interest to be used for education. (Art. 9.) Right to con- 1 United States Statutes at Large, Vol. VII, p. 328. *Ibid., p. 511. s lbid. p. 547. * Ibid., p. 568. 480 INDIAN EDUCATION AND CIVILIZATION. struct roads on usual terms. Railroads to compensate in money. (Art. 10.) Introduc tion of ardent spirits to be suppressed. Indians to live at peace. (Art. 11.) United States released from all claims under former treaties. Indians to remove within six months. In consideration, United States to pay $5,000. (Art. 12.) President and Congress to make provisions for managing tribe. (Art. 13. ) Treaty binding when ratified. (Art. 14.) Proclaimed July 17, 1854.' Treaty with ike lowas and Sac and Fox Indians, made at the Great Nemalia Agency, Nebr., March 6, 1861. Sac and Fox cede a tract of their reservation, estimated to contain 32,098 and frac tion acres. (Art. 1.) Land to be surveyed and sold and improvements appraised. Of the proceeds, after deducting expenses, one-half to be held in trust, interest at 5 per cent., for the benefit of Sac and Fox, of Missouri. (Art. 2.) The Iowa tribe cede for the benefit of the Sac and Fox a reservation as follows : Beginning where No-Heart's Creek crosses the southern line of the Iowa Reserva tion ; thence with said line to the South Fork of the Nemaha ; down the middle of said river to its mouth and to the middle of the Great Nemaha ; down the middle of said river to a point opposite the mouth of No-Heart's Creek ; and thence down the middle of No-Heart's Creek to the place of beginning. In consideration of said cession, lowas to receive the other half of interest on proceeds of sale of land ceded in article 1. (Art. 3.) Grants to individuals. (Art. 4.) United States to expend for Sac and Fox $1,000 for erection of school-house and house for teacher, and $200 per annum, as long as the President deems advisable ; and for Iowa tribe $300 per annum for school purposes, to be paid out of funds appropriated for civilization of Indians. (Art. 5.) One section set apart for agency, council-house, school-house, and shops and farms. (Art. 6.) No person not a member of either tribe shall sojourn on reser vation without written permit from agent. (Art. 7.) Former treaties not inconsist ent with this to remain in force. (Art. 8.) Treaty binding when ratified. (Art. 9.) Secretary to expend $3,500 out of proceeds of sale, and to build bridge across Great Nemaha River, near Roy's Ferry, for Iowa Indians. Same amount for similar bridge across same river near Wolf's village for Sac and Fox. Tolls to be used for repairs and for Indians respectively. (Art. 10.) Annuities may be paid in such articles as Congress directs. (Art. 11.) Amended February 6, 1863 ; assented to March 4, 1863 ; proclaimed March 26, 1863.- An act to provide for the sale of the Sac and Fox and Iowa Indian Reservations, in the States of Kansas and Nebraska, and for other purposes, March 3, 1885. 3 An act of March 3, 1885, provides, that with the consent of a majority of the chiefs, headmen, and male adults of the Sac and Fox of the Missouri and the Iowa tribes of Indians, expressed in open council, the Secretary of the Interior may cause to be surveyed and sold the reservation of these Indians. The lands to be appraised by three commissioners, one of whom shall be selected by the two tribes of Indians, the other two appointed by the Secretary. (Sec. 1.) Lands to be sold to the highest bidder, at not less than the appraised value, or less than $8 per acre, to actual settlers. The improvements made by the Indians or United States to be appraised separately. All purchases limited to 160 acres except in case of fractional excess. Manner of payment also provided for. (Sec. 2.) Any Indian electing to remain upon lands occupied by him at the passage of this act may have 160 acres, if the head of a family ; 80 acres if a single man ; the land to include his improvements, and " to be accepted in full satisfaction of his interest in and to said reservation and of the money or funds realized from the sale thereof," 1 United States Statutes at Large, Vol. X, p. 1069. 2 Ibid., Vol. XII, p. 1171. 3 Ibid., Vol. XXIII, p. 351. NEBRASKA POTTAWATOMIE AND GREAT NEMAHA AGENCY. 481 such person to receive a certificate that the United States will hold the said lan^ in trust for twenty-five years, and at the end of that period convey the land " in fee, dis charged of said tract and free of all charge or incumbrance whatsoever." Any con veyance or contract made touching the land during the period of trust to be null and void. Such lands during trust period not to be subject to taxation, alienation, or forced sale, under execution or otherwise. (Sec. 3.) The proceeds of the sale of Indian improvements to be paid to the Indians to whom such belonged. Proceeds of the United States improvements to be paid into the Treasury of the United States. Proceeds of the lands to be deposited in the United States Treasury, and to bear interest at 4 per cent. ; the income to be annually ex pended for the benefit of said Indians, under the direction of the Secretary of the In terior. (Sec. 4.) With the consent of the Indians the Secretary may secure other reservation lands, and " expend such sum as may be necessary for their comfort and advancement in civilization." (Sec. 5.) Patent for the reservation to be selected maybe issued to said tribes. (Sec. 6.) Said patents to be held in trust by the United States " for the sole use and benefit" of said tribes. (Sec. 7.) Whenever Indians residing on the reservation provided for by sections 6 and 7 shall so desire, they may have their land allotted in severalty, 160 acres to each head of a family; each single person over twenty-one years, 80 acres; each minor, 40 acres. (Sec. 8.) Certificates to be issued for such allotments to be of the same character as provided in section 3. (Sec. 9.) The Secretary may, " with the consent of the Indians, expressed in open council," remove said tribes to the reservation or reservations secured for them, and expend such sums as necessary. Sums of $10,000, or as much of said amount as necessary, ap propriated for the payment of such expenses, and for the expenses of survey, appraise ment, and sale. The amount expended to be reimbursed to the United States out of the first proceeds of sales of said lands. (Sec. 10. ) l SAO AND FOX RESERVATIONS. How established. By treaties of May 18, 1854, 2 and of March 6, 1861; 3 acts of Congress approved June 10, 1872 j 4 and August 15, 1876. 5 Area and survey. Contains 8,003 acres (includes 2,682.03 acres in Kansas). Surveyed. 6 Acres cultivated. Eighteen hundred acres cultivated by the Indians. 7 Tribes and population. Sac and Fox of the Missouri. Total popula tion, 94. 8 Location. Situated in the south-eastern part of Nebraska and crossing the border into Kansas. The land adapted to agriculture and grazing. No statistics given of these Indians ; they are in about the same condition as their neighbors, the Iowa tribe. The school population, accommodation, attendance, and support statistics for this reservation given with the Iowa Reservation. Missionary work not reported. Act of Congress of June 10, 1872, authorizes the Secretary of the Interior, with the consent and concurrence of the Sac and Fox of the Missouri tribe of Indians, ex- 1 United States Statutes, Vol. XXIII, p. 351. 2 Sac and Fox treaty, same date, Sac and Fox treaties. Indian Territory ; United States Statutes, Vol. X, p. 1074. 3 Iowa treaty same date ; Iowa treaties, Nebraska ; United States Statutes. Vol. XII, p. 1171. 4 United States Statutes, Vol. XVII, p. 391. 5 Ibid., Vol. XIX, p. 208. 6 Report of Indian Commissioner, 1866, p. 387. 7 IUd., p. 416. *IUd., p. 400. S. Ex. 95 31 482 INDIAN EDUCATION AND CIVILIZATION. pressed in open council, to cause to be surveyed a portion or the whole of their reser vation in the State of Nebraska, containing about 16, 000 acres. Lands to be ap praised by three commissioners, one to be selected by said Sac and Fox of the Missouri tribe of Indians, in open council, and the other two appointed by the Secretary of the Interior. After survey and appraisement lauds shaU be offered for sale for cash in hand, proceeds to be placed to credit of said Indians, at 5 per cent., payable semi-an- nually, except such portion the Secretary of the Interior, with the approval of the President, shall deem necessary to expend for their immediate use, or for their removal to the Indian Territory, or elsewhere, in case they desire to remove. 1 For act of August 15, 1876, see Otoe treaty, same date, Indian Territory. An act to provide for the sale of the Sac and Fox and Iowa Indian Reservations, in the States of Nebraska and Kansas, and for other purposes, March 3, 1885. 3 With the consent of a majority of the chiefs, headmen, and adults, expressed in open council by each tribe, the Secretary of the Interior may caused to be surveyed, appraised, and sold the reservations of said tribes. (Sec. 1.) Manner of sale and payment stipulated. (Sec. 2.) Any Indian desiring to remain upon his lands, and has improvements thereon, may receive trust patent for twenty- five years ; at the expiration of said period United States to convey same and fee, free of all charge and incumbrance. Any conveyance or contract during period of trust null and void, and lands during said time free from taxation and alienation. Heads of family, 160 acres, single men 80 acres, such selection to be in full satisfaction for his interest in said reservation or fund realized from the sale thereof. (Sec. 3.) ' Proceeds of sales of improvements belonging to individual Indians to be paid to the same. Proceeds of sale of lands after deducting expenses to be placed at 4 per cent, interest, income to be expended for benefit of Indians, under direction of the Secre tary of the Interior. (Sec. 4.) Secretary, with consent of Indians in open council, to secure other lands and remove Indians thereto, and expend necessary sum for their comfort and advancement in civilization (Sec. 5.), and to issue patents for said res ervations selected for the use of Sac and Fox of Missouri and Iowa tribes. (Sec. 6.) ; Said patents to declare United States holds the land in trust. (Sec. -7.) Indians may be allotted in severalty on new reservations; 160 acres to head of family; 80 acres to single person over twenty-one ; 40 acres to each minor. (Sec. 8.) Upon approval of said allotments President to issue trust patents similar to those described in sec tion 3. (Sec. 9.) Ten thousand dollars appropriated to carry out this act, said sum to be refunded from sale of land. (Sec. 10.) OMAHA AND WINNEBAGO AGKENCY. [Post-office address: Winnebago, Dakota County, Nebr.] OMAHA RESERVATION. How established. By treaty of March 16, 1854 ; 3 selections by Indians, with President's approval, May 11, 1855 ; treaty of March 6, 1865 j 4 acts of Congress approved June 10, 1872 ; 5 and of June 22, 1874 ; 6 deed to Winnebago Indians, dated July 31, 1874, and act of Congress approved August 7, 1882. 7 1 United States Statutes, Vol. XVII, p. 392. 2 Ibid., Vol. XXIII, p. 351. 3 Ibid., Vol. X, p. 1043. 4 Ibid., Vol. XIV, p. 667. 6 Ibid., Vol. XVII, p. 391. 6 Ibid., Vol. XVIII, p. 170. * IUd., Vol. XXII, p. 341. NEBRASKA OMAHA AND WINNEBAGO AGENCY. 483 Area and survey. Contains 142,345 acres. 1 One hundred thousand acres classed as tillable. 2 Acres cultivated. Four thousand acres reported cultivated. 3 Tribes and population. The tribe living here is the Omaha. Total population, 1,210. 4 Location. It is bounded on the north by Winnebago Keservatiou, on the east by the Missouri, south by Burt County, on the west by Cummiug and Wayne Counties. Land is rolling prairie, well adapted to culture and grazing. These Indians, owning their land in severalty, were by the severalty act of February 8, 1887, made citizens of the United States. There is no agency government among them. They are organized into precincts lying in three counties which cover the former reservation. School population, attendance, and support. b School population as estimated in 1886 278 Boarding and day school : Accommodation -. - 75 Average attendance 57 Session (months) 9 Cost $6,290.51 Mission boarding and day school (contract) : Accommodation - 70 Average attendance 49 Session (months) 12 Cost $3,789.22 About 100 children are at schools off the reservation. Missionary ivork. In charge of the Presbyterian Board of Foreign Missions. SYNOPSIS OF OMAHA TREATIES. Treaty ivitli the Mahas, made at Portage des Sioux, July 20, 1815. Eatified December 26, 1815. (United States Statutes at Large, Vol. VII, p. 129.) A similar treaty to the Sioux treaty of July 19, 1815. See page 265. Treaty with the Mahas, made at Fort Atkinson, Council Bluffs, October 6, 1825. Supremacy of the United States acknowledged. (Art. 1.) Protection extended to tribe. (Art. 2.) President to designate places for trade. (Art. 3.) Mahas to protect traders, deliver up offenders, grant safe-conduct through their country, protect agents, and not to molest travellers to and from New Mexico. (Art. 4.) Offenders, white and Indian, to be punished according to the laws of the United States. Chiefs to assist in recovery of stolen property. United States to indemnify Indians upon proof for property stolen. Indians upon requisition to deliver up white residents. (Art. 5.) No ammunition to be furnished hostile Indians by Mahas. (Art. 6.^ Proclaimed February 6, 1826. 6 1 Report of Indian Commissioner 1886, p. 432. 2 Ibid., p. 387. 3 Ibid., 1885, p. 336. 4 Ibid., 1886, p. 402. 5 Ibid., p. xciv. * United States Statutes at Large, Vol. VII, p. 282. 484 INDIAN EDUCATION AND CIVILIZATION. Treaty with the Omahas and other tribes, made at Prairie des Chiens, July 15, 1830. (United States Statutes at Large, Vol. VII, p. 328.) See Sioux treaty July 15, Ib30, page 268. Treaty with the Omahas, Otoes, Missourias, and TanJcton and Sanlee Sioux, made at Belle- rue, Missouri, October 15, 1836. (United States Statutes at Large, Vol. VII, p. 524.) See Sioux treaty October 15, 1836, page 269. Treaty with the Omahas, made at Washington, March 16, 1854. Cessions and reservation. Indians relinquish all land east of the Missouri River. (Art. 3.) Cede all their lands west of the Missouri and south of a line east of the mouth of the Ayoway River to the western boundary of the Omaha Territory. Three hundred thousand acres reserved north of the line if satisfactory to delegation of Indians, otherwise to be located within ceded territory. In that event all Omaha country north of the line to be included in cession. (Art. 1.) Indians to remove to reservation within one year. (Art. 2.) Payments. Omahas relinquish all claims under previous treaties, but are to receive the unpaid balance of the $25,000 appropriated by act of August 30, 1852. (Art. 3.) Payments extending over forty years as follows: $40,000 for three years, beginning in 1855; $30,000 in the next ten years ; $20,000 for the fifteen years following; and $10,000 the succeeding twelve years, to be paid or expended under the direction of the President. (Art. 4.) For removal and subsistence one year, expenses of explor ing delegation, and to break and fence 200 acres of land on new reservation, $41,000. (Art5.) Land in severalty. President may cause portion of reservation to be surveyed into lots and assign certain quantities to persons desiring a permanent home and may is sue a patent to such persons conditioned that the tract shall not be leased for a longer term than two years and shall be exempt from levy, sale, or forfeiture until a State constitution shall be formed and restrictions removed by the Legislature. Any per son having a patent and neglecting or being absent from his allotment, the President may cancel the assignment. After all persons or families have been assigned, the residue of t^e land may be sold for their benefit under such rules and regulations as Congress or the President may prescribe. (Art. 6.) Protection. Protection from hostile tribes guaranteed. (Art. 7.) Omahas not to make war except in self-defense, and submit all controversies to the United States. (Art. 10.) Annuities not to be taken for private debts. (Art. 9.) Employes. Saw and grist mill to be erected and maintained for ten years. Black smith and farmer for the same term. (Art. 8.) Liquor. Any Indian using or introducing liquor to forfeit annuities. (Art. 12.) One section donated to Presbyterian Church, contiguous to their manual labor boarding school. (Art. 13.) Roads. Right to construct roads, highways, and railroads. (Art. 14.) Treaty binding when ratified. (Art 15.) Proclaimed June 21, 1854. l Selections by Indians, with President's approval, May 11, 1855. (See letter from Secretary of the Interior to Indian Office, May 11, 1855. File mark, Council Bluffs, 1,989-1855.) Treaty with the Omahas, made at Washington, March 6, 1865. Cessions. Indians cede and sell a strip from the northern part of their reservation 4 miles wide on the Missouri, extending west 10 miles, then running south 4 miles, making a strip 8 miles wide to the western boundary. No lands improved by the Omahas or school to be included. (Art. 1.) 1 United States Statutes at Large, Vol. X, p. 1043. NEBRASKA OMAHA AND WINNEBAGO AGENCY. 485 Payments. Payment of $50,000 to be expended for stock, implements, and break ing lauds. (Art. 1.) Provision of article 8 for employe's in preceding treaty ex tended ten years. Seven thousand dollars for damages to timber by Winnebagoes. (Art. 3.) Land in severally. Land to be assigned to the Indians in severalty, as herein pro vided, including their mixed-blood relatives then residing with them. Six hundred and forty acres set apart for the agency. No white person except one in the employ of the Government to reside upon the reservation without written permission. Cer tificates of allotment to be issued. (Art. 4.) Land purchased to be occupied by Wiu- nebagoes. Should they prove detrimental to peace, the Oinahas to have the privilege of repurchasing upon same terms as they now sell. (Art. 5. Proclaimed February 13, 1866. 1 Act of June 10, 1872, authorizes the Secretary of the Interior, with the consent and concurrence of Omahas expressed in open council, to cause to be surveyed a portion of their reservation in the State of Nebraska not exceeding 50,000 acres, to be taken from the western part thereof; to be separated from the remaining portion of their reservation by a line running along the section lines from north to south ; lauds so separated to be appraised by three competent commissioners, one to be selected by the Omahas in open council and the other two appointed by the Secretary of the Interior. After survey and appraisement, Secretary of the Interior shall offer the same for sale for cash in hand. Proceeds of sale to be placed to credit of the Omahas, bear interest at rate of 5 per cent, per annum, payable semi-annually, except such portion thereof as Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use in improving and fencing farms, building houses, purchasing implements of agriculture and live stock, and in establishing and supporting schools ; not more than 25 per cent, of the principal of the aggregate amount of sales of said lands to be expended in anyone year; no sales to be approved unless the average sales of each of said parcels of land shall be at least $2.50 per acre. 2 Under appropriation act June 22, 1874. Sold 20 sections for use of Winnebagoes for $82,000, to be expended under direction of the Secretary of the Interior. 3 Act of Congress, August 7, 1882. 4 All that portion of the reservation west of the Sioux City and Nebraska Railroad, and after June, 1885, all unallotted laud in township 24, range 7 east; to be appraised and sold as herein provided, except tracts to which the Indians had acquired aright n severalty. (Sees. 1, 2, 3, 4, 9, and 10.) Payments, Settlers to pay amount of appraisement in three payments, the first due one year from date of entry ; second, in two years ; third, in three years. (Sec. 2.) (See note.) Proceeds of sale, after deducting expenses, to bear interest at 5 per cent. ; income to be expended under the direction of the Secretary of the Interior for the Indians. (Sec. 3.) Allotments and patents. Each head of a family to have 160 acres ; single person over eighteen years, or orphan, 80 acres; under eighteen, 40 acres. (Sec. 5.) Patents to be issued for these several tracts to the individuals allotted thereon, and to declare that the United States shall hold the laud for twenty-five years in trust, during which time any contract touching the same shall be null and void. At the expiration of this period the United States to convey to the patentee or his heirs the same in fee- simple, discharged of said trust, and free of all charges or incumbrances whatsoever. Law of descent and partition in force in Nebraska to apply after patents have been executed and delivered. (Sec. 6.) Residue of land after all allotments have been 1 United States Statutes at Large, Vol. XIV, p. 667. 2 lUd. t Vol. XVII, p. 391. Vol. XVIII, p. 170. *Ibid., Vol. XXII, p. 341. 48o INDIAN EDUCATION AND CIVILIZATION. made to be patented in the same manner to the tribe. Each child born during the period of trust to receive his due allotment out of the tribal land, and a patent in fee- simple at the expiration of said period. (Sec. 8.) Laiv. "That upon the completion of said allotments and the patenting of the lands to said allottees, each aud every member of said tribe of Indians shall have the ben efit of and be subject to the laws, both civil and criminal, of the State of Nebraska; and said. State shall not pass or enforce any law denying any Indian of said tribe the equal protection of the law." (Sec. 7.) NOTE. By act of March 3, 1885, the time of the first payment was extended one year. l WINNEBAGO RESERVATION. How established. J$y act of Congress approved February 21, 1863 ; 2 treaty of March 8, 1865 j 3 act of Congress approved June 22, 1874 5 4 deed from Omaha Indians, dated July 31, 1874. Area and survey. Contains 108,924 acres. Eighty-five thousand till able acres. 5 Acres cultivated. Two thousand nine hundred and forty-five, culti vated by Indians. 6 Tribes and population. The tribe living here is the Winnebago. Total population, 1,572. 7 Government rations. None issued. Mitts and Indian employes. A mill and Indian employe's reported. Indian police. Established. Indian court of offences. Established. School population, attendance, and support. School population, as estimated in 1886 200 Boarding school : Accommodation 80 Average attendance 61 Cost $7,588.53 Session (months) 10 Missionary work. Under the charge of the Board of Presbyterian Foreign Missions. SYNOPSIS OF WINNEBAGO TREATIES. Treaty with the Winnebagoes residing on the Wisconsin Eiver, made at St. Louis, June 3, 1816. iDJuries mutually forgiven. (Art. 1.) Former cessions to British, French, and Spanish Governments confirmed to United States. Also any previous treaty, contract, or agreement with the latter. (Art. 2.) Protection of the United States acknowl edged. This baud of Indians to remain distinct from the rest of the tribe until peace 1 United States Statutes, Vol. XXIII, p. 370. *Ibid., Vol. XII, p. 658. 3 Ibid., Vol. XIV, p. 671. *Ibid., Vol. XVIII, p. 170. e Report of Indian Commissioner, 1886, p. 432. ^Ibid., 1885, p. 376. 7 Ibid., 1886, p. 402. NEBRASKA OMAHA AND WINNEBAGO AGENCY. 487 shall be established between them and the United States. Prisoners to be mutually given up. (Art. 3.) Proclaimed December 13, 1816. 1 Treaty with the Winnebagoes and other tribes, made at Prairie dcs Chiens, August, 19, 1825. See Sioux treaty of same date. 3 Treaty with, the Winnebagoes and other tribes, made at fiuttes des Morts, Fox River, Wis consin, August 11, 1827. See treaty with the Chippewas of same date. 3 Treaty with the Winnebago and other tribes, at Green Bay, Wis., August 25, 1828. See Chippewa treaty of same date. 4 Treaty with the Winnebagoes, made at Prairie des Chiens, August 1, 1829. Indians cede the tract of land lying between the Rock River, portage between the Fox and Wisconsin Rivers, and the Mississippi. (Art. 1.) Annually for thirty years $18,000 in specie, 3,000 pounds of tobacco, and 50 barrels of salt. Also present of $30,000 in goods. (Art. 2.) A blacksmith shop for thirty years at Prairie des Chiens, Fort Winnebago, and on Rock River. Also two yoke of oxen and cart, and services of man at portage of the Wisconsin and Fox Rivers at pleasure of agent, not to ex ceed thirty years. (Art. 3.) Claims of individuals named in schedule to be paid to the amount of $23,532.28. (Art. 4. ) Tracts of land outside of mineral country granted to certain -individuals named ; said tracts not to be leased or sold without permission of President. (Art. 5.) Treaty binding when ratified. (Art. 7.) Proclaimed January 2, 1830. 5 Treaty u-ith the Winnebagoes, made at Fort Armstrong, Rock Island, III., September 15, 1832. Indians cede their land lying south and east of the Wisconsin River, Fox River, and Green Bay. (Art. 1.) United States 'cede to Winuebagoes a tract west of the Mississippi, lying 20 miles north of the Upper Iowa, as herein described : "Beginning Dn the west bank of the Mississippi River, 20 miles above the mouth of the Upper Iowa River, where the line of the lands purchased of the Sioux Indians, as described in the third article of the treaty of Prairie du Chien of the Ifith day of July, 1830, begins ; thence, with said line as surveyed and marked, to the eastern branch of the Red Cedar Creek; thence down said creek 40 miles in a straight line, but following its windings, to the line of a purchase made of the Sac and Fox tribes of Indians, as designated in the second article of the before-recited treaty, and thence along the southern line of said last-mentioned purchase to the Mississippi, at the point marked by the surveyor appointed by the President of the United States, on the margin of said river; and thence up said river to the place of beginning." Winnebagoes resid-* ing in ceded territory shall leave said country, when and not before they shall be allowed to enter upon the country granted by the United States in exchange. (Art. 2.) Country ceded being more extensive and valuable than that granted, United States to pay $10,000 annually in specie for twenty-seven years. (Art. 3.) Boarding- school, with garden and field attached, to be established and maintained for twenty- seven years near Fort Crawford or Prairie des Chieus. Two or more teachers. Chil- 1 United States Statutes at Large, Vol. VII, p. 144. * 1 bid. t p. 272. 3 Ibid., p. 303. 4 Ibid., p. 315. *Ibid., 323. 488 INDIAN EDUCATION AND CIVILIZATION. dren to be taught reading, writing, arithmetic, gardening, agriculture, carding, spinning, weaving, and sewing. Cost not to exceed $3,000. School to be inspected by Governor of Illinois, general superintendents of Indian affairs, agents, army offi cers of or above the rank of major, also the commanding officer at Fort Crawford. (Art. 4.) Twenty-five hundred dollars to be expended for twenty-seven years for six agriculturalists, oxen, agricultural implements, etc. Rock River Winnebagoes, 1,500 pounds of tobacco. Physician at Prairie des Chiens and Fort Winnebago, $-200 per annum. (Art. 5.) Blacksmith shop at Rock River to be removed to reservation. (Art. 6.) Sixty thousand rations to be issued in thirty days to aid in removal. (Art. 7.) Sum of $1,082.50 in debts of individuals paid. (Art. 8.) Payment of annuity suspended until certain Indians accused of murder are delivered up. (Art. 9. )' Grants to be patented to certain Winnebagoes. (Art. 10.) No Winnebago to reside, hunt, fish, or plant on ceded territory after eight months. (Art. 11.) Treaty obligatory when ratified. (Art. 12.) Proclaimed February 13, 1833. 1 Treaty with the Winnebagoes, made at Washington, November 1, 1837. Indians cede all land east of Mississippi. (Art. 1.) Agree to relinquish the right to occupy, except to hunt, on that portion of the land held by them lying east of a line drawn 20 miles west of the Mississippi. Their title to said tract not invalidated thereby. (Art. 2.) Indians agree to remove west of the Mississippi within eight months. (Art. 3.) Sum of $200,000 to be paid for debts ; $100,000 paid to relatives of said Indians not having less than one-quarter Indian blood; $7,000 for removal; $3,000 in gifts to chiefs and delegates; $47,000 in goods on ratification of treaty ; $10,000 in provisions, and same amount in horses ; $3,000 to erect a grist-mill ; $10,000 for breaking, fencing ground, and $10,000 for expenses of treaty and exploring party to country south-west of Missouri. Proceeds from land, to amount of $1,100,000, in vested at 5 per cent. Of interest, $2,800 for education, $500 for interpreter, $600 for miller, $500 for agricultural implements, $600.for medical supplies ; above sums to be expended for twenty-two years and longer, at the discretion of President. President may discontinue above allowances and pay money to Winnebagoes. Remaining $50,000 paid as follows: $10,000 in provisions, $20,000 in goods, $20,000 in money. (Art. 4.) Services, supplies, and payments required by existing treaties to be henceforth null and void. (Art. 5.) Treaty binding when ratified. (Art. 6.) Proclaimed June 15, 1838. 2 Treaty with the Winnebagoes, made at Washington, October 13, 1846. Peace to be maintained. (Art. 1.) Indians cede all right to lands w.herever sit uated in the United States, including tract assigned by treaty of September 15, 1832. (Art. 2.) United States to purchase and give to said Indians a tract north of St. Peters and west of Mississippi River, of not less than 800,000 acres, suitable to their habits, wants, and wishes, provided such land can be obtained on just and reasonable terms. (Art. 3.) United States to pay $190,000, as follows : $40,000 to enable them to comply with their present just engagements, and to explore and select their new home ; $40,000 for removal and subsistence first year ; $10,000 for breaking and fencing land under the direction of the President ; $10,000 for one or more manual labor schools; $5,000 for saw and grist mill. The balance, $85,000, to remain in trust, 5 per cent, interest to be paid for thirty years, which shall be in full payment of said balance. No part of moneys to be paid until after arrival of Indians at their new home and appropriations shall have been made by Congress. (Art. 4.) Indians to remove to new home one year after ratification of treaty. (Art. 5.) President may, at his discretion, direct $10,000 per annum to be applied to provisions or other pur-x poses. (Art. 6.) Proclaimed February 4, 1847. 3 1 United States Statutes at Large, Vol. VII, p. 370. 2 Ibid., p. 544. 3 Ibid., Vol. IX, p. 878. NEBRASKA OMAHA AND WINNEBAGO AGENCY. 489 Treaty with the Winnebagoes, made at Washington, February 27, 1855. Ind iatis cede their right to the tract of 897,900 acres lying north of St. Peter's River, aud west of the Mississippi River. Mill and improvements made by or for Indians to l>e appraised and sold at public sale for not less than appraised value. (Art. 1.) Sum of $70,000 paid and a tract of 18 miles square on Blue Earth River granted as their per- . manent home, to be selected by agent aud delegation of Winnebagoes when necessary appropriations have been made. Said tract not to approach nearer the Minnesota River than La Serrer fork of the Blue Earth River. (Art. 2.) Moneys received from sale of improvements and sums stipulated in article 2, to be expended, under direction of President, in removing Indians to their new home, including those severed from the tribe living in Kansas and Wisconsin, and in breaking, fencing, building houses, purchase of stock, etc. Winnebagoes to remove to their home immediately after se lection is made. (Art. 3.) Reservation to be surveyed and allotted; 80 acres to head of family or single person over twenty-one years. As Indians become capable of man- * aging their own affairs patents to be issued and tract exempt from taxation or forfeit ure until otherwise provided by Legislature of the State with the consent of Con gress. Lauds not to be alienated within fifteen years after date of patent, and then not without consent of President. President to make rules regulating descent of property. Should tracts be abandoned the President may take such action as he deems proper. (Art. 4.) All unexpended balances under former treaties for schools, interpreter, blacksmiths, etc., also $10,000 set apart by treaty of October 13, 1846, for manual school, to be expended in opening farms, building houses, and purchase of stock. Stipulations in former treaties concerning expenditures of money for specific purposes so modified as to give President power to expend such sums as he deems best calculated for improvement of Indians. (Art. 5.) Annuities not to be taken for pri vate debts. (Art. 6.) Missionaries and other authorized persons residing on ceded lands to have privilege of entering 160 acres, including improvements, at $1.25 per acre. Mixed-bloods, heads of families, having residences and improvements on ceded lands to be granted 80 acres in fee, including improvements, but not to include the Government or other Indian improvements. (Art. 7.) Laws regulating trade and intercourse and prohibiting sale of ardent spirits to apply to the new reservation. (Art. 8.) Right of way for roads authorized by law. Just compensation to be made to Indians. (Art. 9.) Winnebagoes not to commit depredations on any person, to maintain order, become industrious, educate their children, and abstain from intoxi cating drinks. Those violating these stipulations, the President may refuse benefits provided in this treaty. (Art. 10. ) This treaty to be in lieu of unratified treaty made August 6, 1853, to the Senate amendments of which the Indians refused to give their assent. (Art. 11.) Expense of delegation paid by the United States. (Art. 12.) Treaty binding upon ratification. (Art. 13.) Proclaimed March 23, 1855. l Treaty with the Winnebagoes, made at Washington, April 15, 1859. Eastern portion of reservation set apart and assigned in severally ; head of family 80 acres ; 40 acres to each male eighteen years old and over ; 160 acres for use of agency. Allotments to be compact, to admit of a well-defined exterior boundary. Intermediate parcels to be owned in common. The whole within the boundary to be known as the Winnebago Reservation. No white person to reside thereon without written permission of superintendent or agent. Certificates of allotment to be issued. (Art. 1.) Lands not included within said reservation to be surveyed and sold in tracts not exceeding 160 acres. Any improvements on tracts sold to be paid for. Any surplus lands remaining after the division in severalty, Secretary of Interior may au thorize their sale. Proceeds to be applied to purchase of stock, implements, etc., for the Indians. (Art. 2.) Debts of the tribe found valid by Secretary of the Interior 1 United States Statutes at Large, Vol. X, p. 1172. 490 INDIAN EDUCATION AND CIVILIZATION. to be paid from proceeds of sales. (Art. 3.) Should proceeds be iDSufficient to en able the Indians to sustain themselves by agricultural and industrial pursuits, addi tional means may be taken from moneys due under former treaties, to be expended under direction of Secretary of Interior. President, with assent of Congress, has power to modify provisions of former treaties, as he may judge necessary for the wel fare of the Indians. (Art. 4.) All Winnebagoes to be notified and induced to rejoin the tribe and have the benefits of provisions of this treaty. Those who do not unite themselves within one year not entitled to benefit of any of these stipulations. (Art. 5.) Expenses of treaty defrayed out of funds of Winnebagoes. (Art. 6.) Proclaimed March 23, 1861. Act of Congress, February 21, 1863. 3 President authorized to assign to Winnebagoes tract of land beyond the limits of any State equal to their diminished reservation, which shall be adapted for agricultural purposes. President to take steps for the peaceful removal of said Indians from Min nesota and settle them upon the lauds to be assigned. (Sec. 1.) Upon removal of Indians, Secretary of the Interior to cause lands to be appraised and the improvements separately appraised. No one to settle upon lands without paying the value of im provements. (Sec. 2.) Laud to be purchased as prescribed. (Sec. 3.) Lands set apart for the payment of debts of said Indians to be sold as prescribed. Proceeds after payment of debts to be expended under the direction of the Secretary of the In terior in improvement on new reservation. Secretary to allot the Indians in severalty 80 acres to heads of families other than chiefs, who shall receive larger allotments when made. Land to be patented forever without the right of alienation. (Sec. 4.) Annuities to be expended at the discretion of the President as may best advance the Indians in agricultural pursuits. Reasonable discrimination to be made in favor the chiefs faithful to the United States. Indians to be subject to the laws of the United States and criminal laws of State in which they reside, and subject to rules prescribed by the Secretary of the Interior. Shall be deemed incapable of making any valid civil contract with any person other than native member of the tribe with out consent of President. Secretary to make provision for education. (Sec. 5.) Old Winnebago Reserve. USHER'S LANDING, DAK., July 1, 1863. SIR : With this report I transmit a plat and field-notes of the surveys made for the Bioux and Winnebago Reservations by Mr. Powers, and to which I desire to call your attention. ******* The reservation for the Winnebago Indians is bounded as follows, to wit : Beginning at a point in the middle channel of the Missouri River where the western boundary of the Sioux of the Mississippi Reserve intersects the same ; thence north and through the centre of the stockade surrounding the agency buildings of the Sioux of the Mis sissippi and Winnebago Indians, and along said boundary line to the north-west corner of said Sioux Reserve; thence along the northern boundary of said Sioux Reserve 10 miles ; thence due north 20 miles ; thence 4ue west to the middle channel of Medicine Knoll River ; thence down said river to the middle channel of the Missouri River ; thence down the said channel to the place of beginning. ******* Very respectfully, your obedient servant, CLARK W. THOMPSON, Superintendent of Indian Affairs. Hon. WILLIAM P. DOLE, Commissioner of Indian Affairs. i United States Statutes at Large, Vol. XII, p. 1101. *Ibid., p. 658. NEBRASKA OMAHA AND WINNEBAGO AGENCY. 491 (See Annual Report of Indian Office for 1863, p. 318, and also Statutes at Large, Vol. XV, p. 636, Art. 2.) Treaty with the Winnebagoes, made at Washington, March 8, 1865. Winnebagoes cede and sell all their right in their reservation at Usher's Land ing, Dakota. Metes and bounds on file in the Indian Department. (Art. 1.) In consid eration of cession and valuable improvements thereon the United States sets apart for the occupation and future home of Winnebagoes forever, the lands ceded by Oinahas March 6, 1865. (Art. 2. ) In further consideration of the cession, and in order that the Winnebagoes may be as well settled as when they removed from Minnesota, United States to erect steam saw and grist mill, break and fence 100 acres for each band, and supply seed to plant the same. Also $2,000 worth of guns, 400 horses, 100 cows, 20 yoke of oxen and wagons, two chains each, $500 in agricultural implements in addi tion to those o-n the reservation hereby ceded. (Art. 3.) Also agency buildings, school-house, warehouse, buildings for physician, interpreter, miller, engineer, car penter, and blacksmith, and house, 18 by 24 feet and one and one-half stories high, substantially finished, for each chief. (Art 4. ) United States to remove Winuebagoes and subsist them for one year after arrival. (Art. 5.) Amended February 13, 1866 ; amendment accepted February 20, 1866 ; proclaimed March 28, 1866. 1 Act of Congress, July 15, 1870. 3 Secretary of the Interior to investigate claims of Winnebagoes lawfully residing in Minnesota. To issue patents without the right of alienation to those allotted under pro vision of treaty of April 15, 1859 ; also such lands which may not have been. disposed of by the United States under the act of February 21, 1863. In case of such sale such lands may hereafter be designated by them for allotment as aforesaid out of any Tin- sold lands within the limits of said Winuebago Reservation in Minnesota, and should it be impracticable to make such allotments within the limits of said reservation on good agricultural lands, then they may be made on any public lands of the United States subject to sale at private entry within the State of Minnesota. And the said Winnebago Indians, and all other members of said tribe lawfully residing in the State shall hereafter be entitled to receive their pro rata distributive proportion of all an nuities in goods or money, and any other moneys to which said tribe is or may be entitled under any law or treaty now in force at their homes in Minnesota the same as though they had moved west and settled with the western Winnebagoes. (Sec. 9.) Any of said Indians desiring to become citizens shall make application to the judge of the United States district court for the district of Minnesota, and in open court make proof and take the same oath of allegiance as required by law for the naturalization of aliens, and also make proof to the satisfaction of the court that they are sufficiently intelli gent and prudent to control their affairs and interests, that they have adopted the habits of civilized life, and have for five years past supported themselves and their families, whereupon they shall be declared to be citizens of the United States, which declaration shall be entered of record and a certificate thereof given to each party. On presentation of the certificate with satisfactory proof of identity, the Secretary of the Interior may at the request of such person or persons cause their land to be con veyed to them by patent in fee-simple with power of alienation, and cause to be paid to them their proportion of all moneys and effects of said tribe held in trust by or under the provision of the treaty or law of the United States. Such patents being issued and payment ordered, such persons shall cease to be members of said tribe, and the lands so patented shall be subject to lawful taxation and sale in like manner with property of other citizens. (Sec. 10. ) i United State* Statutes at Large, Vol. XIV, p. 671. 2 Ibid., Vol. XVI, p. 361. INDIAN EDUCATION AND CIVILIZATION. By act of April 3, 1874, 1 the Secretary of the Interior was authorized to remove the Wisconsin Winnebagoes from their present homes in that State to the Preservation in Nebraska, and the unexpended balance of $36,000 appropriated by act of May 29, 1872, section 6, to be used for their removal and subsistence. An act of Congress, June 22, 1874, authorized the purchase "from the Omaha In dians in Nebraska of such quantity of land, not exceeding '20 sections, as may be required for the use of the Winnebagoes in Wisconsin, and for improvements on their reservation, to be appropriated from the residue of the $1,100,000, provided to be get apart for the Winnebagoes by the fourth article of the treaty with those Indians, November 1, 1837." The Winnebagoes to consent to said purchase. 3 An act for the relief of the Winnebago Indians in Wisconsin, and to aid them to obtain subsistence by agricultural pursuits, and to promote their civilization, January 18, 1881. 3 Whereas a large number of Winnebago Indians of Wisconsin have selected and settled in good faith upon homestead claims under section 15, act of March 3, 1875, and said Indians having signified their desire and purpose to abandon their tribal relations and adopt the habits and customs of civilized people, but are unable to do so from poverty ; Whereas a portion of the fund belonging to said Indians and accruing under act of June 25, 1864, amounting to $90,689.93, is now in the Treasury of the United States to their credit ; Whereas the major portion of the said fund, together with the $100,000 of the prin cipal fund of the tribe has been expended for the benefit of the Winnebago Indians residing in Nebraska ; Whereas the location of the Winnebago Indians of Wisconsin has under the act of March 3, 1875, become permanent ; Therefore, the Secretary of the Interior is authorized to enroll on separate lists, first, all Winnebago Indians drawing annuities, on the reservation in Nebraska; second, all Winnebago.Indians now residing in Wisconsin. (Sec. 1.) Upon completion of the census of the Winnebago Indians in Wisconsin, the Secre tary is authorized and directed to expend for their benefit the proportion of the tribal annuities due to and set apart for said Indians under the act of June 25, 1864, of the appropriations for the tribe of Winnebago Indians for the fiscal years 1874, 1875, 1876, 1877, 1878, 1879, and 1880, amounting to $90,689.93. And Secretary also to expend for said Winnebagoes out of $41,012,75, now to their credit, and accruing under treaty ap propriations for the year 1873 and prior years, such sum as may, upon the completion of said census, be found necessary to equalize the payments bet ween* the two bands on account of the payment of $100,000 in 1872 from the principal fund of the tribe to the Winnebagoes in Nebraska ; and all the said sums shall bepaidprorata to those persons whose names appear upon the census-roll of the Winnebagoes of Wisconsin. Heads of families permitted to receive for the family : Provided, That only those shall be entitled to the above benefit who shall show that they have taken up homesteads under act of March 3, 1875, and that the money applied for will be used to enter and improve the land. (Sec. 2.) In the future amounts to be distributed pro rata between the Nebraska and Wis consin Winnebagoes, according to the census, the moneys to be distributed according to the act of February 21, 1863, section 3. (Sec. 3.) For the equitable adjustment of the amount due the Winnebagoes of Wisconsin from those of the same tribe residing in Nebraska, who have received since the act of June 25, 1864, the share due the Wisconsin Winnebagoes, until 1876, the Secretary of the In terior is directed to have an account made between the two divisions of the tribe, based 1 United States Statutes at Large, Vol. XVIII, part 3, p. 27. 2 Ibid., p. 170. *Ibicl., Vol. XXI, p. 3lOr. NEVADA NEVADA AGENCY. 493 npon the census, charging the Nebraska Winnebagoes "with the full amount found to be due to the Wisconsin Winnebagoes, under said act, for the period named, and credit ing them with the amount actually expended in the removal and subsistence of the Wisconsin Wiunebagoes at the date of their removal to Nebraska, in 1873, and the balance found in favor of the Winnebagoes of Wisconsin, whatever the amount may be, shall hereafter be held and considered as a debt due to them from " the Nebraska Win nebagoes. Until said debt shall be paid an amount to be deducted from the Nebraska Winnebagoes' annuities and paid to the Wisconsin Winnebagoes, such sum not to be less than $7,000. (Sec. 4.) Titles acquired by Wisconsin Winnebagoes under act of March 3, 1875, to be inalien able for twenty years from date of patent issued, during which period they shall not be subject to taxation or incumbrance. (Sec, 5.) NEVADA. 1 Organized as a Territory March 2, 1861. 2 Admitted as a State March 21, 1864. 3 The Indian tribes residing here are about the same as when the country came into the possession of the United States. There are four reservations in the State, containing an aggregate area of 954,135 acres. Indian population upon reservations, 2,679; Indians off reservations, 8,150 j total population, 10,829. There are two agencies : Nevada Agency, having charge of the Moapa Eiver Reservation, Pyramid Lake Reservation, and Walker River Res ervation ; the Western Shoshone Agency, having in charge the Duck Valley Reservation. NEVADA AGENCY. [Post-office address: Wadsworth, Washoe County, Nev.] PYRAMID LAKE RESERVATION. How established. By Executive order, March 23, 1874. Area and survey. Contains 322,000 acres, 5,000 of which are classed as tillable. 4 Out-boundaries surveyed. 5 Acres cultivated. Not reported separately. Fifteen hundred acres given for Pyramid Lake and Walker River Reservations. 6 Tribes and population. The tribe Jiving here is the Pah-Ute (Pa- viotso). 7 Population about 2,084. 8 Location. The Pyramid Lake Reservation is situated in Washoe and Roop Counties, in the north-western part of the State, 16 miles north of Wadsworth, on the Central Pacific Railroad, and contains an area of 320,000 acres, including "lake, mountain, and desert. Not to exceed 5,000 acres are of any value for reservation purposes. The fishing upon this reserve is one of the most important sources of supply to the In dians. 9 1 For earlier history, see Colorado. 2 United States Statutes a't Large, Vol. XII, p. 209. *Ibid., Vol. XIII, p. 30. < Report of Indian Commissioner, 1884, p. 312. 6 Bid., p. 261. fi IUd., 1886, p. 432. 7 Ibid., 1884,p. 261. *IMd., p. 402. 1-877, p. 150. 494 INDIAN EDUCATION AND CIVILIZATION. Government rations. Twenty per cent, of the Indians at this agency (which includes this reservation and Walker River) subsisted by Gov ernment rations in 1886. 1 Mills and Indian employes. In 1878 a mill was built. No Indian employe's reported. 2 Indian police. Established in 1881. 3 Indian court of offences. Eeported as established. 4 School population, attendance, and support. 6 School population estimated in 1886 650 Boarding-school accommodation 50 Boarding-school average attendance 57 In session (months) 10 Cost to Government $6, 954. 66 Missionary work.. No missionary work reported among these In dians. Pyramid Lake or Truckee Reserve. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, November 29, 1859. SIR : My attention has been called, by a letter of the 25th instant from F. Dodge, Esq., agent for the Indians in Utah Territory, now in this city, to the consideration of the propriety and necessity of reserving from sale and settlement, for Indian use, a tract of land in the northern portion of the valley of the Truckee River, including Pyramid Lake, and a tract in the north-eastern part of the valley of Walker's River, including Walker's Lake, as indicated by the, red coloring upon the inclosed map, and, fully concurring in the suggestion of Agent Dodge respecting this subject, I have to request that you will direct the surveyor-general of Utah Territory to respect said reservations upon the plats of survey when the public surveys shall have been ex tended over that part of the Territory, and in the mean time that the proper local land officers may be instructed to respect the reservations upon the books of their offices when such offices shall have been established. Very respectfully, your obedient servant, A. B. GREENWOOD, Commissioner. Hon. SAMUEL A. SMITH, Commissioner of General Land Office. DEPARTMENT OF THE INTERIOR, Washington, D. C., March 21, 1874. SIR : I have the honor to present herewith a communication, dated the 20th instant, from the Commissioner of Indian Affairs, together with the accompanying map, show ing the survey made by Eugene Monroe, in January, 1865, of the Pyramid Lake In dian Reservation in Nevada, and respectfully recommend that the President issue an order, withdrawing from sale or other disposition, and setting apart said reservation or tract of country for the use and occupation of Pah-Ute and other Indians now oc cupying the same. The form of order necessary in the premises is engrossed in the inclosed map. I have the honor to be, very respectfully, your obedient servant, C. DELANO, Secretary. The PRESIDENT. 1 Report of Indian Commissioner, 1886, p. 420. 3 Ibid., 1878, p. 102. 3 Ibid., 1881, p. 119. *rtid., 1886, p. 197. *Ibid., p. xcvi. NEVADA NEVADA AGENCY. 495 Executive order. 1 MARCH 23, 1874. It is hereby ordered that the tract of country known and occupied as the Pyramid Lake Indian Reservation in Nevada, as surveyed by Eugene Monroe, in January, 1865,. and indicated by red lines, according to the courses and distances given in tabular form on accompanying diagram, be withdrawn from sale or other disposition, and set apart for the Pah-Ute and other Indians residing thereon. U. S, GRANT. WALKER RIVER RESERVATION. How established. By Executive order, March 19, 1874. Area and survey. Contains 318,815 acres, of which 1,000 are classed as tillable. 2 Out-boundaries surveyed. 3 Acres cultivated. See Pyramid Lake Keservation. page 493. Tribes and population. The tribe living here is the Pi-Ute. Popu lation, 3,411. 4 Location. The Walker Eiver Eeservation is situated in Esraeralda County, south-western Nevada, 80 miles from Pyramid Lake Agency and 64 miles from the Central Pacific Eailroad. 5 Government rations. Twenty per cent, of the Indians at this agency subsisted by Government rations in 1886. 6 Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. 7 School population as estimated in 1886 100 Day school accommodation r 35 Day school average attendance 29 In session (months) 2 10 Cost to Government.. $908 Missionary work. None reported among these Indians. Walker River Reserve.* DEPARTMENT OF THE INTERIOR, Washington, March 18, 1874. SIR: I have the honor to present herewith a communication dated the 17th instant from the Commissioner of Indian Affairs, together with the accompanying map show ing the survey made by Eugene Monroe in December, 1864, of the Walker River Reservation in Nevada, and respectfully recommend that the President issue an order withdrawing from sale or other disposition and setting apart said reservation or tract of country for the use and occupation of the Pah-Ute Indians located thereon. The form of order necessary in the premises is engrossed on the inclosed map. Very respectfully, your obedient servant, C. DELANO, Secretary. The PRESIDENT. 1 Report of Commissioner of Indian Affairs, 1886, p. 345. *Ibid., 1884, p. 312. 3 ma., p. 261. *ibia., isse, P . 195. *md., 187.7, p. 150. . /M&, isse, p. 420. ''Ilia., *,. xcvi. I6id., p. 345. 496 INDIAN EDUCATION AND CIVILIZATION. EXECUTIVE MANSION, March 19, 1874. It is hereby ordered that the reservation situated on Walker River, Nevada, as surveyed by Eugene Monroe, December, 1864, and indicated by red lines on the above diagram in accordance with the fifteen courses and distances thereon given, be with drawn from public sale or other disposition and set apart for the use of the Pah-Ute Indians residing thereon. U. S. GRANT. MOAPA KIVER RESERVATION. How established. By Executive orders, March 12, 1873, and February 12, 1874 5 act of Congress approved March 3, 1875 ; l selection approved by Secretary of the Interior, July 3, 1875. Area and survey. Contains 1,000 acres, of which 1,000 are classed as tillable. 2 Out-boundaries surveyed. 3 Acres cultivated. Fifteen hundred acres reported in 1886. 4 Tribes and population. The tribes living here are the Kai-bab-bit, Ke-mahwivi (Tantawait), Pawipit, Pi-Ute, and Shi- wits. Population, 24. 5 Location. The Moapa River Reservation is located in the extreme south-eastern part of the State, 600 miles from Pyramid Lake Reserve, and 125 miles from Pioche, end of stage route. 6 Government rations. None reported. Mills and Indian employes. None reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. School population not re ported. No school provided. Missionary work. In 1875 the Mormons baptized a large number of the Indians. 7 No missionary work reported among these Indians. Moapa Elver Reserve. 8 '[Formerly called Muddy Valley Eeserve.] EXECUTIVE MANSION, March 12, 1873. Agreeably to the recommendation contained in the foregoing letter of the Secretary of the Interior of this day the following-described lands in the south-eastern part of Nevada are hereby set apart for the use of the Indians in that locality : Commencing at a point on the north bank of the Colorado River where the eastern line of Nevada strikes the same ; running thence due north with said eastern line to a point far enough north from which a line running due west will pass one mile north of Muddy Springe ; running due west from said point to the one hundred and fifteenth meridian of west longitude; thence south with said meridian to a point due west from the place of beginning ; thence due east to the west bank of the Colorado River; thence following the west and north bank of the same to the place of beginning. U. S. GRANT. United States Statutes at Large, Vol. XVII I, p. 445. 2 Report of Indian Com missioner, 1884, p. 312. *Ibid., p. 261. , and 16 west of the New Mexico principal meridian, south of the San Juan River, be, and the same is hereby, withdrawn from sale and settlement and set apart as an addition to the Navajo Indian Reservation. GROVER CLEVELAND. PUEBLO AGKENCY. [Post-office address, Santa F6, N. Mex.'J How established. By Mexican grants. Nineteen have been con firmed by patents. Area and survey. Contain 906,845 acres, of which 132,205 are classed as tillable. Acres cultivated. 30,000 reported in 1886. 1 Tribes and population. The tribe living here is the Pueblo. Popu lation, 7,762. 2 i Report of Indian Commissioner, 1886, p. 432. 3 Ibid., p. 402. 512 INDIAN EDUCATION AND CIVILIZATION. There are no agency statistics. The people reside in their pueblos, are self-supporting, and citizens of the United States. School population, attendance, and support. 1 School population, as estimated in 1886, 2,200. School. Accom modation. Average attend ance. Session. Cost. 200 108 Months. 12 $11 877 75 30 23 3 208 58 30 18 5 1 9 99 05 50 35 12 5 9 50 00 30 17 6 500 00 50 25 10 599 00 75 23 10 575 00 Lfa (T una day (contract) 2 60 27 8 480 00 San Felipe day (Government) 50 40 6 500.00 San Juan day (contract) 3 50 34 8 683. 69 Santo Domingo day (contract) 3 50 34 8 708. 81 50 33 6 398 18 70 45 9 900 00 1 Report of Indian Commissioner, 1886, p. xciv. 2 Tinder charge of Presbyterian Home Missions. 3 Roman Catholic Church in charge. Missionary work. Roman Catholic Church and Presbyterian Board of Home Missions are engaged among these Indians. An act to confirm the land claim of certain pueblos and towns in the Territory of New Mexico. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Pueblo land claims in the Territory of New Mexico, designated in the corrected list as A. Pueblo of Jemez, in the county of Santa Ana, B. Pueblo of Acoma, in the county of Valencia, C. Pueblo of San Juan, in the county of Rio Ariba, D. Pueblo of Picuris, in the county of Taos, E. Pueblo of San Felipe, in the county of Bernalillo, F. Pueblo of Pecos, in the county of San Miguel, G. Pueblo of Cochiti, in the county of Santa Ana, H. Pueblo of Santo Domingo, in the county of Santa Ana, I. Pueblo of Taos, in the county of Taos, K. Pueblo of Santa Clara, in the county of Rio Ariba, L. Pueblo of Tesuque, in the county of Santa F6, M. Pueblo of San Ildefonso, in the county of Santa F6, N. Pueblo of Pojuaque, in the county of Santa Fe", reported upon favorably by the surveyor-general of New Mexico in his report of the 30th of September, 1856, to the Department of the Interior, and * li e claim designated as O. Pueblo of Zia, in the county of Santa Ana, P. Pueblo of Sandia, in the county of Bernalillo, Q. Pueblo of Isleta, in the county of Bernalillo, R. (Supposed) Pueblo of Nambe, reported upon favorably by the said survej'or-general on the 30th of November, 1856, * * * to the Department of the Interior be, and they are hereby, confirmed ; and 1 United States Statutes at Large, Vol. XI, p. 374. NEW MEXICO PUEBLO AGENCY. 513 the Commissioner of the Land Office shall issue the necessary instructions for the survey of all of said claims, as recommended for confirmation by the said surveyor- general, and shall cause a patent to issue therefor as in ordinary cases to private in dividuals: Provided, That this confirmation shall only be construed as a relinquish- mentof all title and claim of the United States to any of said lands, and shall not affect any adverse valid rights, should such exist. Approved December 22, 1858. Confirmed by United States patents in 1864 under old Spanish grants. See also act of Congress June 21, 1860 (United States Statutes at Large, Vol. XII, p. 71; also see General Land Office Report 1876, p. 242, and 1880, p. 258). Zuni public reserve. Area of original Spanish grant 17,581.25 acres. 1 EXECUTIVE MANSION, March 16, 1877. It is hereby ordered that the following-described tract of country in the Territory of New Mexico, viz: beginning at the one hundred and thirty-sixth mile-stone, on the western boundary line of the Territory of New Mexico, and running thence north 61 45' east, 31.8 miles to the crest of the mountain a short distance above Nutria Springs ; thence due south 12 miles to a point in the hills a short distance south-east of the Ojo Pescado; thence south 61 45' west to the one hundred and forty-eighth mile-stone on the western boundary line of said Territory; thence north with said boundary line to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart as a reservation for the use and occupancy of the Zuni Pueblo Indians. R. B. HAYES. EXECUTIVE MANSION, May 1, 1883. Whereas it is found that certain descriptions as to boundaries given in an Executive order issued March 16, 1877, setting apart a reservation in the Territory of New Mex ico for the Zuni Pueblo Indians, are not stated with sufficient definiteness to include within said reservation all the lauds specified in and intended to be covered by said Executive order, especially the Nutria Springs and the Ojo Pescado, said Executive order is hereby so amended that the description of the tract of land thereby set apart for the purposes therein named shall read as follows : Beginning at the one hundred and thirty-sixth mile-post on the west boundary line of the Territory of New Mexico, thence in a direct line to the south-west corner of township 11 north, range 18 west; thence east and north, following section lines, so as to include sections 1, 12, 13,14,22,23,24,25,26,27,28, 32, 33, 34, 35, and 36, in said township; thence from the north-east corner of said township on the range line be tween ranges 17 and 18 west, to the third correction line north; thence east on said correction line to the nearest section line in range 16, from whence a line due south would include the Zulu settlements in the region of Nutria and Nutria Springs and the Pescado Springs ; thence south following section lines to the township line be tween townships 9 and 10 north, range 16 west; thence west on said township line to the range line between ranges 16 and 17 west ; thence in a direct line to the one hun dred and forty-eighth mile-post on the western boundary line of said Territory ; thence north along said boundary line to place of beginning. CHESTER A. ARTHUR. EXECUTIVE MANSION, March 3, 1885. It is hereby ordered that the Executive order dated May 1, 1883, explaining, defin ing, and extending the boundaries of the Zniii Indian Reservation, in the Territory of New Mexico, be, and the same is hereby, amended so as to except and exclude from the addition made to said reservation by the said Executive order of May 1, 1883, any and all lands which were at the date of said order settled upon and occupied in good faith under the public-land laws of the United States. CHESTER A. ARTHUR. 1 Report of Indian Commissioner, 1886, p. 353. S. Ex, 9533 CHAPTER XVII. INDIAK RESERVATIONS OF NEW YOEK. A portion of the Indians formerly residing here are in Wisconsin (Oneidas), and Indian Territory (Senecas). There are eight reservations, containing an aggregate area of 87,677 acres. Total Indian population, 5,261. There is one agency: The New York Agency, having charge of the Allegany, Cattaraugus, Oil Spring, Oneida, Onondaga, St. Regis, Ton- awanda, and Tuscarora Reservations. 1 NEW YORK AGENCY. [Post-office address: Gowanda, Cattarangus County, N. Y.] ALLEGANY RESERVATION. How established. By treaties of September 15, 1797 (United States Statutes at Large, Vol. VII, p. 601), and of May 20, 1842 (Vol. VII, p. 587). Area and survey. Contains 30,469 acres, 2 of which 15,000 are classed as tillable. 3 Out-boundaries surveyed. 4 Acres cultivated. The Indians have 4,000 acres under cultivation. 3 Tribes and population. The tribes living here are the Onondaga, Seneca, Tonawauda, and Tuscarora. Total population, 935. 5 Location. This reservation is located on both sides of the Allegauy River, in the county of Cattaraugus. It is about 35 miles long, and its width varies from one to two and a half miles. The larger portion of the Allegany Reservation, immediately adjoining the river, is level and fertile ; the balance broken and hilly. It was formerly covered with heavy pine timber. The Erie Railway, the Atlantic and Great Western Railroad, the Rochester and State Line Railroad, pass through this res ervation. The most of the Indians reside on the south-west part of the reserve, which is more isolated than the rest from railroad towns. The Senecas of Allegany, Cornplanter, and Cattaraugus Reservations, num bering 2.341, own the Allegany and Cattaraugus Reservations, subject 1 According to the superintendent's report of New York, for 1887 (p. 780), the children of school age among the New York Indians number 7,111; average attendance, 493; 31 teachers employed, cost to the State, $9,122.33. 2 Repojrt of Indian Commis sioner, 1886, p. 388. s lbid., p. 432. 4 IMd., p. 389. !&, p. 402. 514 NEW YORK NEW YORK AGENCY. 515 to what is known as the pre-emption right of the Ogden Land Company, and subject also to whatever right of occupancy the two hundred and ninety nine Onoudagas and Cayngas residing with them may have therein. This pre-emption right is derived from the prior discovery of the territory by civilized man, and restricts the Senecas from selling to others than the Ogden Land Company or its assigns. The Ogden Com pany claims that this right embraces the fee of the land, and that the In dians have the right of occupancy only so long as their tribal relation continues. The Senecas claim the absolute ownership of these reser vations in fee, subject only to the right of the Ogden Company or its assigns to purchase whenever they shall elect to sell. 1 School population, attendance, and support. 2 School population as estimated in 1884^ 275, School. Accom modation. Average attend ance. Session. Cost. 25 16 Months. g $275 00 Allegany district No. 2 day .....". ... .. 50 29 g 350 00 Allegany district No. 3 d;iy 50 22 45 20 g 35 18 g 340 on 35 20 g 375 00 30 30 10 1 100 00 The Society of Friends at Philadelphia have for many years main tained a boarding and manual labor school adjoining this part of the reserve. OIL SPRING RESERVATION. Hoiv established. By arrangement with the State of New York, (See Annual Report, 1877, p. 166.) Area and survey. Contains 640 acres. 3 Tillable acres not reported. Acres cultivated. Not reported. Tribes and population. The tribe living here is the Seneca. Popula tion not reported. Location. The reservation located in the townships of Ischua and Cuba, in the counties of Cattaraugus and Allegany. There is an oil spring near the centre of the reservation, being in appearance a deep, muddy pool of water, 20 feet in diameter, without outlet. The Indians have from time immemorial gathered petroleum oil, in small quantities, from the surface of the spring, which they formerly used for medicinal purposes. Several years since, the Seneca Nation of Indians leased 1 Report of Indian Commissioner, 1877, pp. 163,164. *11>id., 1884, p. 274. 3 Ibid., 1886, p. 388. 516 INDIAN EDUCATION AND CIVILIZATION. the oil privileges on the reservation for a portion of the oil and a bonus of $10,000, which was paid down; and a few wells were put down and several hundred barrels of oil obtained, but not in paying quantities. By the treaty held at Big Tree, on Genesee Eiver, in the State of New York, between the Seneca Nation of Indians and Eobert Morris, of Philadelphia, concluded September 15, 1797, the legal title of this reservation, with about 3,500,000 acres of other lands in the western part of New York, passed to Morris, who conveyed it to the Holland Land Company. The Holland Land Company conveyed it, with other lands, to the Farmers' Loan and Trust Company, from which company the title passed to David E. Evans, whose heirs conveyed the north-west quarter of the reservation, containing the oil spring, to Chamberlain, Clark, and Gallager, by deed, dated February 9, 1852; the last-named persons conveyed the same to Philoneus Pattisou, by deed, dated Novem ber 20, 1855, who went into possession under his lease and cleared off a portion of the land, and built a house and barn thereon. The Seneca Nation of Indians, always claiming title to this reservation, in 1856, by authority contained in chapter 150 of the laws of New York, passed in 1845, commenced an action of ejectment against Pattison to recover that portion of the reservation covered by his deed. This action was stoutly defended, but the Indians recovered a verdict. The defendant appealed the case to the general term of the supreme court, and from thence to the court of appeals, both courts affirming the decision of the circuit and the title of the Indians to the reservation. The Seneca Nation recovered in the action mainly on the evidence of the veteran Seneca war- chief of the Six Nations, Governor Black Snake, whose Indian name was To-wa-a-u, meaning chain-breaker, and who was of the age of 107 years at time of the trial, in 1856. The name of Governor Black Snake was given him by President Washington, on the occasion of his visit at the seat of Government with Cornplanter. He testified that he was present at the treaty of Big Tree, in 1797; that it was agreed upon, "all around," that the oil spring should be reserved one mile square ; that when the treaty was read over, it was observed and mentioned that the oil spring had been left out of the treaty, and that then Thomas Morris, who was the attorney of Kobert Morris and signed the treaty for him, drew up a small paper, said to contain the oil spring, and delivered it to Pleasant Lake, a leading Seneca sachem of the Six Nations. It did not appear that the paper was afterwards seen by any one. Black Snake also presented in evidence a map, being the first map of the Holland laud purchase, made about the year 1801, which he testified was afterward presented to him by Joseph Ellicott, the surveyor and general land agent of the Holland Company, at a general council of the Senecas at Tonawanda, N. Y., and who was also a witness to the treaty; that El licott made a speech to the Senecas in council when he presented the map, saying that the places marked in red on the map belonged to the red man, and among them so marked was the oil spring reservation. NEW YORK NEW YORK AGENCY. 517 There were other acts proved, showing that the Holland Laud Company and its grantees had at different times recognized the Seneca Indians as owners of the reservation. The Senecas founded their claim upon possession, and the presumption of a grant by Morris to them after the treaty at Big Tree was signed. The other three-quarters of the reservation was conveyed by David E. Evans or his heirs to different persons. The Senecas have, however, since the termination of the trial, held the exclusive possession of the entire reservation, leasing it to white men for oil and farming purposes, and no further efforts have been made to dispossess them. 1 CATTARAUGUS RESERVATION. How established. By treaties of September 15, 1797 (United States Statutes at Large, Vol. VII, p. G01), June 30, 1802 (United States Stat utes at Large, Vol. VII, p. 70), and of May 20, 1842 (United States Statutes at Large, Vol. VII, p. 587). (See Annual Report, 1877, p. 161.) Area and survey. Contains 21,680 acres, 2 of which 12,000 are classed as tillable. 3 Out-boundaries surveyed. 4 Acres cultivated. The Indians have 5,000 acres under cultivation. 5 Tribes and population. The tribes living here are the Cayuga, Ouon- daga, Seneca, Touawanda, and Tuscarora. Total population, 1,5 15. 6 Location. Situated in Cattaraugus County ; the reservation is 12 miles long, and averages about 3 miles in width. The land is very rich and fer tile, mostly under cultivation, on both sides of the Cattaraugus Creek, in the counties of Cattaraugus, Chautauqua, and Erie. The pre-emption right was reserved in the treaty, and is now owned by the Ogden Land Company. This pre-emption right is a source of great uneasiness to the Indians of Cattaraugus and Allegany Reservations, resting as a cloud upon the title of their lands. It stifles industry by withholding the best incentive to it, growing out of the natural desire to acquire property and the attachments of home and family. They have heretofore resisted every effort made by the State of New York to induce them to allot their lands in severalty, under the apprehension that such allotment might eventually result in the breaking up of their tribal relations, and so for feit their reservations to the Ogden Land Company. The Senecas of the Allegany and Cattaraugus Reservations are in corporated by the laws of New York under the name of the Seneca Na tion of Indians, with the right to bring actions in the courts of the State in all cases relating to their common property by an attorney appointed by the Governor. They have maintained for about thirty years a re publican form of government, with a president, council, treasurer, and clerk elected annually by ballot, also a peacemaker's court on each res ervation having jurisdiction in actions between Indians and authority to administer upon estates of deceased persons. 7 1 Report of Indian Commissioner, 1877, p. 166. *Ibid., 1886, p. 388. 3 /&id., p. 432. 90 00 40 16 8 290 00 Cattarauo'us district No 3 day 40 25 3 290 00 CattarauTis district No 5 day .... 40 23 8 275 00 Cattarausjus district No 6 day . ... . 40 15 8 275 00 Cattarau^us district No. 7, day 35 18 8 275. 00 Cattarangus district No. 8, day 35 18 8 275. 00 Cattaraugus, district No. 9 day 40 15 8 275. 00 40 20 8 275 00 100 100 12 10 000 00 TONAWANDA RESERVATION. How established. -By treaties of September 15, 1797 (United States Statutes at Large, Vol. VII, p. 601), and November 5, 1857 (United States Statutes at Large, Vol. XII, p. 991) ; purchased by the Indians and held in trust by the comptroller of New York; deed dated February 14, 1862. (See also Annual Eeport, 1877, p. 162.) Area and survey. Contains 7,549 acres, 2 of which 6,000 acres are classed as tillable. 3 Out-boundaries surveyed. 4 Acres cultivated. The Indians have 3,000 acres under cultivation. 3 Tribes and population. The tribes living here are the Cattaraugus, Cayuga, and Tonawanda band of Senecas. Total population, 551. 5 Location. This reservation is located in the present counties of Erie, Genesee, and Niagara, the title of which is held in trust and in fee by the comptroller of the State of New York, "for the exclusive use, occu pation, and enjoyment of the Senecas of> the Tonawanda band." The reservation is very fertile and well adapted to the raising of fruit, wheat, and other grain. The band is governed by chiefs. 6 School population, attendance, and support. 7 School population as estimated in 1834, 139. School. Accom modation. Averaao atteud- ance. Session. Cost Tonawanda, district No. 1, day 28 16 Months. 10 $278. 00 Tonawanda district No 2 day 30 16 10 278.00 Tonawanda district No. 3 day 30 14 10 278. 00 1 Report of Indian Commissioner, 1884, p. 276. 2 Ibid., 1836, p. 388. 3 Ibid., p. 432. 4lbid., p. 389. 5 Ibid., p. 404. *Ibid., 1877, p. 165. 7 Ibid., 1884,p. 276. 520 INDIAN EDUCATION AND CIVILIZATION. TUSCARORA RESERVATION. now established. By treaty of January 15, 1838 (United States Stat utes at Large, Vol. VII, p. 551), and arrangement (grant and purchase) between the Indians and the Holland Land Company. (See Annual Ee- port of Indian Commissioner, 1877, p. 167.) Area and survey. Contains 6,249 acres, 1 of which 6,000 are classed as tillable. 2 Acres cultivated. The Indians have 5,000 acres under cultivation. 2 Tribes and population. The tribes living here are the Onondaga and Tuscarora, Total population, 454. 3 Location. Situated in Niagara County. The Tuscaroras originally resided on lands upon the waters of the Tar and Neuse Eivers, in North Carolina, where they had, in 1708, fifteen towns and twelve hundred warriors. Being a warlike tribe, jealous of their rights, they bravely resisted the efforts of the white people to drive them from their lands, and in the battle at their Forte Na-ha-ru-ke, on the Neuse, against the combined forces of Noith and South Carolina, with the Cherokees, Creeks, Catawbas, Yamases, and Ashley Indians, three hundred of their warriors were slain and eight hundred taken prisoners and sold into slavery. Their power being broken by this severe defeat, they entered into a treaty of peace with the Governor of North Carolina, who granted them lands on the Koanoke, in the present county of Bertie, to which the remnant of the tribe removed. Owing to continued encroach ments by the white settlers upon their territory, they soon after migrated to the vicinity of Oneida Lake, and in 1722 formally united with their kinsmen, thus making the sixth number of the Six Nations of New York, in all then numbering about twenty-eight hundred warriors, and whose possessions extended from Vermont to the headwaters of the Ohio, and from the St. Lawrence and the lakes to the sources of the Delaware and Susquehanna. The Tuscaroras removed from Oneida, and camped in 1780 on the site of an old Indian fort and mounds on elevated and fertile lands seven miles from Suspension Bridge, overlooking Lake Ontario, an(J about the same distance therefrom, in the present town of Lewiston, in the county of Niagara. There they planted corn and made a permanent settlement. The Senecas afterwards gave them at this place one square mile of land, called the Seneca grant. This is alleged to have been reserved in the treaty between the Senecas and Kobert Morris in 1797, but I do not find it mentioned in the treaty. The Holland Land Company, grantees of Morris, however, recognized and confirmed the grant and generously donated to them two other square miles adjoining. About the year 1804 the Tuscaroras sent a delegation of chiefs to North Carolina, who sold their lands in that State for about the sum of $15,000, and with $13,722, realized from this sale, purchased of the Holland Land Company 4,329 2 Report of Indian Commissioner, 1886, p. 389. 5 Ibid., p. 434. *Ilid., p. 404. NEW YORK- -NEW YORK AGENCY. 521 acres adjoining their other lands, making their present tract 6,249 acres, securing the absolute title thereof in fee-simple. 1 School population, attendance, and support. 1 * School population as estimated in 1834, 110. School. Accommo dation. Average attend ance. Session. Cost. 1 day 40 12 Months. 8 $90 day 70 25 8 263 Tuscarora district No 2 day . 65 22 8 263 ONONDAGA RESERVATION. How established. By treaty of November 11, 1794 (United States Statutes at Large, Vol. VI F, p. 44), and arrangement with the State of New York. (See Annual Report, 1877, p. 168.) Area and survey. Contains 6,100 acres, 3 of which 6,000 are classed as tillable. 2 Acres cultivated. The Indians have under cultivation 120 acres. 4 Tribes and population. The tribes living here are the Oneida, Onon- dftga, and Touawaada. Total population, 390. 5 Location. The Uuondaga Reservation is situated in the towns of Fayette and Onondaga, in Onondaga County. Prior to 1793 the Onondaga Reservation contained over 100 square miles, and covered the site of the city of Syracuse and several towns in that locality. By the treaty dated March 11, 1793, they sold to the State of New York over three-fourths of their reservation for the considera tion of $638, paid down, and a stipulated perpetual annuity of $410, pay able on the 1st day of June in each year. By the treaty between the Onondagas and the State of New York, dated July 28, 1795, they sold their interest in the Salt Lake and lands 1 mile around the same, and other lands, to the State for the sum of $700, paid down, and a perpet ual annuity of $700 and 100 bushels of salt, payable on the 1st day of June in each year. The Onondagas r by treaty dated February 25, 1817, sold to New York State 4,320 acres more of their reserve for $ 1,000, paid down, and a perpetual annuity of $430 and 50 bushels of salt, payable on the 1st day of June in each year. On February 11, 1822, they sold to the same State 800 acres more of their reservation for $1,700, paid down. It is located about 7 miles from the city of Syracuse. The land is fertile, but over three-fourths of the same is leased to, and worked 1 Report of Indian Commissioner, 1377, pp. 166-167. 2 Ibid., 1834, p. 276. 3 Ibid., 1886, p. 388. 4 Ibid., 434. 5 Ibid., 404. 522 INDIAN EDUCATION AND CIVILIZATION. by, white men. The few who cultivate their own lands are generally temperate and thrifty as compared with those who lease their 1'ands and live in comparative idleness. 1 School population, attendance, and support.* School population as estimated in 1884, 120. School. , J Accommo dation. Average attend ance. Session. Cost. Onondao'a district No. 1 day ,. 55 30 Months. 8 $945 Onondaga Episcopal day ..... 40 18 s 160 ST. REGIS RESERVATION. How established. By treaty of May 31, 1796 (United States Statutes at Large, Vol. VII, p. 55). (See Annual Eeport, 1877, p. 168.) They hold about 24,250 acres in Canada. Area and survey. Contains 14,640 acres. 3 Tillable acres not reported. Acres cultivated. Not reported. Tribes and population. The tribe living here is the St. Eegis. Total population, 944. 4 Location. Situated in Franklin County. The St. Eegis Indians are desce ndants of the Mohawks of New York, whose language they speak Under the influence of the French Eoman Catholic missionaries their ancestors migrated from the valley of the Mohawk in 1677, and settled at Caghuawaga, near Montreal, in Canada. A colony from the latter place in 1760 migrated to St. Eegis, on the St. Lawrence. They are named from Jean Francis St. Eegis, a French ecclesiastic, who died in 1690. They are mostly Eoman Catholics. There are about 1,701 St. Eegis Indians, of whom 751 are denominated American Indians, and about 950 British Indians. The American portion of this tribe is paid $2,131.66 annuity by the State of New York, for land sold, and receives no annuity from the United States. The British portion of the tribe is paid an annuity of about $1,911. Twenty-four thousand two hundred and fifty acres of its reservation are in Canada, includ ing the township of Dundee, and about 14,030 acres adjoining the Canada line are in Franklin County, State of Bew York. The bound ary line between the United States and Canada divides the Indian village of St. Eegis, which contains about one hundred houses, mostly constructed of hewn logs. The St. Eegis Indians engaged in the war of the Eevolution, part with the British and part with the Americans. One of their number, Report of Indian Commissioner. 1877, p. 167. 2 Ibid., 1884, p. 276. *Ibid7, 1886, p. 388. * Ibid., p. 404. NEW YORK NEW YORK AGENCY. 523 Lewis Cook, held a colonel's commission from General Washington. They were divided again into two parties, British and American, in the War of 1812. Such division still continues, the lines being kept dis tinct, following in hereditary descent by the father's side. The Methodists have a mission-house on the reserve, in which regular services are held by their minister, Eev. Thomas La Forte, an Indian of the Onondaga tribe. 1 School population, attendance, and support^ School population as estimated in 1884, 100. School. Accommo dation. Average attend ance. Session. Cost. St Re the supreme court of New York held, in a case relating to the sale of timber, that " the Seneca Nation of Indians have never parted with the title to the lauds ou which the timber was cut. Their right is as perfect now as it was when the first Europeans landed on this continent, with the single exception that they can not sell without the consent of the Govern ment. The right of occupancy to them and their heirs forever remains wholly unim paired. They are not tenants of the State nor of its grantees. They hold under their own original title. The plaintiffs have acquired nothing but the right to purchase whenever the owners may choose to sell. In the meantime, or until the tribe shall become extinct, the Seneca Indians will remain the rightful lords of the soil. They have cut and sold their own timber, and I see no principle upon which the plaintiffs can have any action either against them or their vendees." In Fellows v. Lee, 5 Denis, 628 (1846), the court of errors unanimously confirmed the decision in the above case. Strong and Gordon, chiefs of the Seneca Nation of Indians, v. Waterman, 11 Paige, 607 (1845). This was a suit in equity to dissolve an injunction restraining defendant from committing trespass on waste, in which the chancellor said : u The rights of the Indians in this State to the- use, possession, and occupancy of the lands of their re spective reservations, which .have not been by them voluntarily ceded to the people of the State or granted to individuals with the assent of the State, do not at this time admit of a doubt." Wadsworthv. Buffalo Hydraulic Association, 15 Barlow, 83 (1853). This case af firms the right of the State to take Indian lands for public uses, notwithstanding claims under Massachusetts title. In the case of the New York Indians, 5 Wallace, 761, the United States Supreme Court held that the original rights of the Indians were unquestionable so long as they chose to hold them. A similar decision was made in the case of Fellows v. Black smith, 19 Howard, 366. An act of New York passed March 31, 1821, respecting intrusion upon Indian lands, and declaring leases made by Indians void unless duly confirmed by law, was sus tained by the Supreme Court of the United States in the case of State of New York o. Dibble, 21 Howard, 366. TONAWANDA MANUAL LABOR SCHOOL. 553 bceii engaged in benevolent efforts among them to suspend their labors for a season. 1 A treaty was at length concluded November 5, 1857, 2 by which they relinquished all claim to 500,000 acres in Wisconsin uud to lands west of the Mississippi, and to payment for improvements promised from Ogden and Fellows, representing the Ogden Company. The United States agreed to pay $256,000. The Tonawandas were allowed to purchase from Ogden and Fellows such part of their reservation as they might be willing to sell, at an average of $20 per acre, out of the sum above mentioned, the deed be ing held by the Secretary of the Interior in trust for their use until an officer of the State should be allowed to receive and hold. The land not repurchased was to belong to Ogden and Fellows and quiet possession given. The u improvement money" apportioned on a former occasion was to be divided on a new estimate, and paid to those who might re linquish lands under this treaty. Under this treaty the Tonawaudas repurchased 7,599 acres and re leased about 5,000, and were at last quieted by the most effectual guar antees against further troubles on account of title to their lands. The United States Government now holds the sum of '$80,950 in trust for this band, on which $4,347.50, or 5 per cent., is paid annually. From the treaty of 1857 we may date the beginning of a steady im provement in civilization. There is at Tonawanda a Methodist church. The State supports the schools. The Tonawanda Manual Labor School was incorporated May 6, 1869, upon condition that whenever the Indians should appropriate $3,000 and give 80 acres of land the State would give a further sum of $3,000 towards the establishment of a manual labor school, in the town of Ala bama, for the exclusive benefit of this band. Three trustees were named in the act, and their successors were to be appointed, one annually, by the county judge. They are vested with the powers of school district trustees, and the school was to be subject to the visitation of the super intendent of public instruction, to whom a report was to be made annu ally. Amendments to this act were passed March 20. 1870, April 20, 1871, and June 13, 1873, and the first grant, having expired by limitation of time, was renewed in the latter year, but as yet the good intentions of this enterprise have not been realized. The Touawaudas elect three peace makers, a clerk, a treasurer, and a marshal, at an election held annually on the first Tuesday of June. Their powers are defined by an act passed in 1863. ir fhe Baptists had two schools hero before the Ogden difficulties arose, bub these were discontinued. In this period of uncertainty and distrust that darkened the future and discouraged industries, these people appeared to retrograde in civilization- and lapse towards the primitive type of their wild condition. - Ratified by the Senate June 4, 1858, and proclaimed March 31, 1859. 554 INDIAN EDUCATION AND CIVILIZATION. In 1884 these 585 Tonawanda Indians were living in $"ew York upon four reservations, as follows : Allegany .Reservation, 11; Oattaraugus Reservation, 14; Ouondaga Eeservatiou, 3; Tonawanda Reservation, 557. Cattaraugus Reservation. This tract embraces 21,080 acres in the towns of Perrysburg, Cattaraugus County ; Collins, Erie County, and Hanover, Chautauqua County; and from its lying in a compact and nearly square body, is more favorable for concentrated measures for im provement than that on the Allegany. It therefore shows greater im provement, and we find from time to time, in reports, a favorable notice of the progress in civilization 1 of the 1,539 Indians who, in 1884, were residing thereon. On this reservation they have a council-house, built some years ago by Indian mechanics, 2 the Thomas Orphan Asylum, a Presbyterian and a Methodist Church, and ten school-houses. For several years a teachers' institute has been held at the council-house, for the benefit of the teachers of Indian schools, several of whom are themselves of the native race. The effect of these institutes, and of the evening- lectures given at the time they are held, has been highly favorable. The official report, made in November 1874, says of the schools on this reser vation: " I found many of the children in these schools as far advanced as children of a corresponding age in our own schools. The one thing of which teachers complain most is their inability to obtain a regular attendance." 3 The Friends, in 1808, bought land adjoining the Cattaraugus Reser vation, and stationed a family for their improvement near Clear Creek, about 5 miles from the Indian settlement. They have since, as oppor tunities allowed, continued to take an interest in their welfare, especially in the troubled times that followed the treaty of 1838. The Thomas Asylum for Orphan and Destitute Indian Children (near Versailles, in the south border of Erie County, "N". Y.) This iustitu- tion owes its existence largely to the effort* of the Society of Friends, and was founded with the view of affording a home and practical in struction for orphan and abandoned Indian'childreu of both sexes, and from all of the reservations in the State. 4 It was incorporated April 1 "Their farms are tolerably well cultivated, their dwellings begin to assume an air of comfort, and industry and thrift are everywhere apparent. * * On the, Cattaraugus Creek, for several miles, buildings, fences, crops, and stock, as also t ho comfortable appearance of their houses and well-ordered interior arrangements, indi cate that the inhabitants are rapidly becoming a prosperous farming coinmuui.y. Indolence and old Indian habits retreat to the borders of the reservation, as formerly the whole race retreated before the advancing whites." (Report of an Assembly committee. Assembly Document, No. 43, 1885, pp. 15, 16.) 2 Reported in 1866 as having cost $2,500. 3 Annual Report of Superintendent of Public Instruction. 1875, p. 110. 4 In the summer of 1854, an Indian died on the Cattaraugus Reservation leaving a large family in extreme want. The sympathy which this event occasioned led to inquiries, which showed that on that reservation alone there were not less than THE THOMAS ORPHAN ASYLUM. 555 10, 1855, and placed in charge of ten trustees, five of whom were whites, of as many different denominations, and five Indians. They had power to appoint their own successors, and might hold real and personal estate the annual income of which did not exceed $5,000. The asylum was subject to the visitation of the superintendent of public instruction, to whom a report was to be made annually. The inmates were to be received from the different reservations on the basis of population so far as practicable. The State continued to appropriate yearly for the support of this asylum, which was further aided by a grant, usually of $1,000 ayear,from the United States Indian Bureau, and by much less sums from the American Board of Foreign Missions, and from concerts, gifts, and con tributions from various sources. But still, at least three-fourths of all its income was derived from the State, and the demands of the institu tion were steadily increasing with the population and enhanced prices of some articles of essential need. By an amendment of the State Constitution, 1 in 1874, it was provided that " neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation, or private undertak ing." This appeared to present the alternative of abandonment or of conveyance to the State, and the latter alternative was decided upon. By an act passed April 24, 1875, the trustees of the Thomas Asylum were allowed, within ninety days, to transfer their property to the State of New York, by a sufficient deed to the comptroller, and it was then to be under the control of ten trustees named in the act, holding office six years, and their successors to be appointed by the Governor. They were to be subject to the visitations and control of the State board of charities, and the sum of $8,500 was to be granted annually for support, atthe rate of $85 per capita for each child maintained and educated at the asylum. This transfer has been made, and the asylum may now be regarded as on a most substantial basis, no inateiial change in the man agement having occurred under the recent act. fifty children in great need t of support. The facts coming to the knowledge of Philip E. Thomas, of Baltimore, a Friend who had in many ways already done much for the Indians, he caused the more destitute to be gathered and kept through the winter at his own expense. This suggested the idea of a permanent asylum. The Seneca Nation gave lands, and two Seneca brass bands with a choir of singers volun teered to give a concert in the city of Buffalo, and from these and other sources a beginning was made. The act of incorporation was accompanied by a grant of $2,000 for building, and $10 a year for two years, for any number of children, not over fifty in all, that might be maintained, besides a pro rata allowance from the general appro priations to asylums. 1 Section 10, article 8, confirmed by vote of the people, November 3, 1874. 556 INDIAN EDUCATION AND CIVILIZATION. The statistics of this asylum have been reported annually to the su perintendent of public instruction, and published with his report. The following condensed table shows the leading items of its statistics through a series of years : Statistics of Thomas Orphan Asylum during eleven years. Year. Children in asylum. Financial result. Remained through year. Received. Total in asylum during the year. 1 Discharged. Remaining at end of year. Average dnring the year. Receipts from all sources. Expendi tures. M. F. Total. 1865 30 40 45 77 80 72 65 71 84 82 80 35 13 38 22 11 27 26 27 20 26 71 58 87 100 92 111 112 110 118 117 118 i I 1 2 1 3 1 18 4 7 52 53 79 93 91 99 89 96 103 101 53 51 58 87 84 . 86 84 92 $6, 943. 93 6, 515. 63 9, 777. 43 9,051.82 12, 376. 51 7, 693. 21 8, 559. 47 10,731.55 9, 744. 83 | 10,652.52 12, 047. 11 1866 32 50 57 51 60 61 64 61 69 71 26 37 43 41 51 51 46 57 48 47 $5, 053. 65 8, 833. 97 6, 343. 21 12, 114. 51 7, 693. 21 9,141.03 9, 992. 35 9, 444. 83 rl 0,652. 52 ' 79, 269. 28 12, 557. 40 1867 1868 1869 1870 9 22 14 15 13 1871 1872 ... i. ... 1873 1 1874 103 1875 9 Details of receipts; sum from 1865 to 1874, inclusive : Annuities of Indian children ' $2,538.37 Board of teachers and others 437. 68 Articles sold and labor performed 622. 39 From State of New York 56,270.30 From United States Indian Bureau 10, 000. 00 From donations 6, 089. 28 Share of general appropriation to asylums 1, 974. 87 Other sources 1,070.00 During the same period the aggregate expenses have been as follows : Insurance $795.91 Travelling expenses 5(59. 65 Medicines and funeral expenses 1, 152. 69 Stationery and postage 70.89 Exchange 7. 90 Buildings and permanent im provements 6, 295. 12 Unclassified items 238. 13 Total disbursements 80, 336. 4 1 In 1875 the asylum received $8,337.82, from the State for support, and $2,500 for building and repairs, and from tlie United States Indian Department, $1,000; from annuities of Indian children, $292.46; from For meats Breadstuff $4, 633. 80 - 17, 825. 18 Groceries and other provisions- 7, 049. 92 9 2-^5 60 Labor and salaries 18,473.61 House furnishing and repairs. Fuel and lights 6, 964. 23 2 124.57 Tools, blacksmithing, farm im plements, etc .... 2,754.52 Stock and feed 1,283.74 Seeds and manure 869. 98 ALLEGANY RESERVATION. 557 board of teachers and others, $236, and from, articles sold, $1,191.11. This last-mentioned item is chiefly from the sale of brooms, the mate rials of which are nearly all raised by the orphan boys, and wholly manufactured by them. There is a broom shop 26 feet square, fitted up with machines for thirteen boys, and the trustees look forward to a time when they will be able to lessen materially their expenses for main tenance from this industry. The value of real estate and buildings of this asylum is now $20,000, and of personal property $3,000. Among recent improvements is a hos pital, the severe sickness of the last year, resulting in the deaths of nine children and an assistant matron, having shown the need of special accommodations in such unfrequent but still possible calamities. In 1854-56 sums amounting to $6,352.19 were received for the asy lum, including $3,715.45 from the State, $1,000 from the United States Indian Bureau, $780 from Mr. Thomas and other Friends, and various smaller sums, among which were about $300 contributed by the Indians themselves. Lewis Seneca, president; trustees, an equal number of .whites and Indians belonging to five or more religious denominations. Since it was opened the asylum has been a home for four hundred and twenty-four destitute childen and orphans belonging to the Indian tribes of the State of New York. Mr. W. Peacock, Indian agent for the Indian tribe, in New York State, writes in his annual report, dated September 22, 1884: "The Thomas Asylum, Mr. Van Walkenburg, superintendent, and his wife, matron, is doing a great work in civilizing the Indians of New York. The girls from the institution find homes, arid are in great demand as domestics in the adjoining villages. The boys are instructed in farming and in the rudiments of some mechanical occupation." Allegany Reservation. This reservation contains 30,469 acres, and extends along the Allegany Eiver about half a mile each way from its banks, for a distance of about 40 miles, in the towns of South Valley, Cold Spring, Buck Tooth, Great Valley, Carrolton, Ked House, and Salamanca, Cattaraugus County. The Erie Eailway follows the bottom lands of the valley the whole distance, and at Salamanca the Atlantic and Great Western Eailway forms a junction. The leases made to ac commodate these railways must, in effect, be permanent, because the valley affords the only possible thoroughfare along the southern border of the State. 1 The soil on this reservation is mostly good, especially in the intervals, but these are liable to floods, which often do much damage to crops and 1 Under an act of the New York LegisFature, passed May 12, 1836, any railroad com pany may contract with the chiefs of any nation of Indians for right of way, but for no other uses. Such contracts are not valid until ratified by the court of common pleas of the county where the road is located. (Chap. 316, Laws of 1836.) In tlio case of the Erie Railway, the present lease is understood to be for the term of one hundred years. 558 INDIAN EDUCATION AND CIVILIZATION. fences. The hills that border the valley are less fertile, and are best adapted to grazing. Powerful interests are concerned in the establishment of business at railway junctions, and at points, favorable for manufactures, arid with out the protection of law these people would scarcely be able to sustain themselves against the pressure of an advanced civilization. The lumbering interest afforded for many years the basis of a preca rious and decaying industry, but since this has declined, attention has been turned to agriculture, and the condition of these Indians has greatly improved. The reservation, from its great length and narrow breadth, and from its being divided by a river sometimes not easily crossed, is unfavorable for the maintenance of separate schools, and for these reasons the people on the Allegauy Eeservation have not made so great advancement in civilization as those at Cattaraugus. Missionary effort was begun here by the American Board of Missions, in 1834, and there is one Congregational and one Methodist Episcopal church upon the reservation. Friends' boarding-school at Tunesassa. About 1803 the Friends bought a tract of some 700 acres of land adjoining the Allegany Eeservation on Tunesassa Creek, on the south-east side, of the Allegany Eiver, in the present town of South Valley, Cattaraugus County. In the course of a few years after, they built a grist-mill and saw-mill, and have since continued to hold this station as an industrial school and farm. The estate now embraces about 400 acres, of which 100 are cleared. The report last published (April, 1876) shows that the boarding-school had been attended by an average of twenty- one children in summer and twenty-seven in the winter term, and that applications had been de clined from want of room. The pupils (mostly girls) are taught the elements of literature, and are trained to the duties of housework and habits of industry, order, and cleanliness, under the belief that woman's home influence, when these pupils shall have become heads of families, will prove most effectual as an agency of civilization. This quiet influence, through many years of patient effort, has worked a pleasant result, and a writer who revisited the place after some years' absence " was pleased with the appearance of many of their houses, and saw an improvement in the neatness of their dress. There are many young women who have married since leaving the boarding- school, and it was encouraging to see how clean and comfortable their homes looked, showing that the labor bestowed on them had not been lost." The expenditures of the establishment for the last year were $2,262.91, it being $534.12 more than the income. A portion of land had been sold, and a contract made for the sale of a part of the oak then standing and ripe for cutting. Besides this effort for imparting a knowledge of the English language and the arts of civilization, the Friends have, at various times, sent TUNESASSA BOARDING-SCHOOL. 559 young Indian lads to live in farmers' families in the vicinity of Philadel phia. Thus instructed in agriculture and the care of stock, they have returned to the reservations. The establishment at Tunesassa is under the control of orthodox Friends, and in charge of a committee of the Philadelphia Yearly Meeting. Allegany, Tunesassa Boarding School. 1 School population 30 Number attending 30 Average attendance 30 Largest average monthly attendance 30 Number of months school was in session , 10 Cost of maintaining school to religious societies $1,100 Number of teachers and employe's 5 Number of acres cultivated by school 160 Number of bushels of corn 200 Number of bushels of oats and barley 150 to 400 Number of bushels of vegetables 390 Number of melons and pumpkins 500 Number of tons of hay , . 50 Number of horses and mules owned , 3 Number of cattle 16 Number of swine 8 Number of domestic fowls 50 Number of pounds of butter made 1, 200 Industries taught : Farming, sewing, and housework. Commissioners for surveying lands near villages on the Allegany Reser vation. Under an act of Congress approved February, 1875, the Presi dent was directed to appoint three commissioners to settle some of the embarrassments between whites and Indians on the Allegany Res- ervation, by surveying the land leased in the villages and their vicin ity, and assigning boundaries within which leases might hereafter be deemed legal. The persons appointed to this trust were Messrs. John Mauley, Shankland, and Joseph Scattergood. In a report recently published with the minutes of the Yearly Meeting in Philadelphia, it is stated that the Indians, from want of a proper understanding of the act, were disposed at first to object to having it carried into effect. They say : " In the opportunity thus afforded of ascertaining the extent to which the practice of leasing their land had been carried by the In dians, it was cause of regret to observe that leases had been granted to white settlers, not only in the immediate neighborhood of the vil lages referred to, but also for a considerable distance around them, and that thus the greater part of the upper portion of this reservation had passed into the occupancy of the whites ; and also that numerous leases had been made on the Oattaraugus Reservation." The greater part of these leases had been made by individual Indians, who had thus de rived profit from the rights of others. The committee urge the impor tance of giving a separate allotment to each one in severalty, to be 1 Report of Indian Commissioner, 1834, p. 275. 560 INDIAN EDUCATION AND CIVILIZATION. held without power of alienation, except to Indians, and under other suitable restrictions. Although this course is favored by a consider able number OD both reservations, there was not found a majority, nor had the time yet come when application might be made for a law to carry this into effect. Sale of Indian lands for taxes on the Allegany and Cattaraugus Res ervations. The transactions of 1838 and 1842 with the Ogden Land Company having apparently vested the title in the purchasers, these lands were taxed for highways, and this tax not being paid, 28,400 acres of the Allegany and 3,400 acres of the Cattaraugus Reservations were sold in 1853, and the parts of the former lying in Oarrolton and Cold Spring were bid in by the State, while the remainder was bought by speculators, 1 and the time for redemption having passed, deeds were duly executed to the latter by the Comptroller. These taxes were laid under an act of April 24, 1835, allowing the lands of non-residents to be assessed for highway purposes 2 Attention having been called to the facts, it was readily shown that the treaty of 1842 had restored both of these reservations to the Indians, and that the tax was unlawful and the sale of course void. An act was accordingly passed February 1.9, 1857, for refunding the purchase money, and forbidding future taxation, so long as these lands should remain the property of the Seneca Nation. The committee that examined this question at this time reported that the Senecas do not hold under the State of New York, nor under the United States, but that their title is original, absolute, and exclusive. The Senecas are- not citizens of New York, nor are they represented in the State Legislature. Timber on the Seneca Reservations. The Seneca Reservations were, in a state of nature, covered with a fine growth of timber, especially pine, oak, and hemlock, the largest and best of which has long since been removed. For many years it was the custom of the Seuecas to allow cutting by their own people without limitation as to place or amount, but in later years this has been regulated to a great degree by their laws. 3 1 The number of acres in each town, and the prices at which sold, were as follows : Allegany Reservation: Carrolton, 6,000 acres, $438.14 ; Cold Spring, 8,600 acres, $806.07; Little Valley, 9,000 acres, $762.37; Randolph, 2,400 acres, $101.70; South Valley, 2,400 acres, $48.81. Cattaraugus Reservation: Two tracts of 2,200 and 1,200 acres sold for $108.69 and $61.30. Total, 31,800 acres, for $2,327.08, or a little over 7 cents per acre. (New York Assembly Document No. 12, 1857.) 2 Assembly Document 17,1857. 'This timber question was discussed at length in a report made by a State com mission in 1868. (Senate Document No. 12, 1868.) An act passed April 7, 1863, and amended May 2, 1873, restricted the Tonawanda Indians in the cutting of timber on their lands. Restrictions were imposed upon the removal of timber and stone from the Onondaga Reservation by an act passed March 19, 1873. The written permission of a majority of the chiefs must be first obtained, in which the quantity and kind of these materials to be taken must be specified. THE TUSCARORAS. 5G1 Cornplanter. This distinguished Seneca chief, although he finally settled within the limits of Pennsylvania, should be mentioned on ac count of the influence he had among his people, whom he often served in the holding of tre aties and by his sagacious counsels. It was largely through his advice that the Senecas were restrained from engaging with the western Indians in a war against the whites in 1790-91. He died February 18, 1836, on a reservation given to him in 1791 by the State of Pennsylvania, aged about 100 years. 1 Tuscaroras. These people were emigrants from North Carolina and came to live with the Iroquois about 1712. In 1797 the Senecas gave them a mile square on the " mountain ridge," in the present town of Lewiston, and the Holland Land Company 1,280 more. la 1801 they bought, with funds coming from North Carolina, for $13,722, an adjoin ing tract of 4,329 acres, "making their possessions in all 6,249 acres. A remnant of the Delawares and several from the Onondaga tribe live among them. The treaty of 1838, in the interest of the Ogden Company, contem plated the emigration of these people, as well as the Senecas, to the West, and at that time they agreed to sell and emigrate within five years, the money received for lands being invested for their benefit, and that received for improvements being paid the owners ; but this project was never carried into effect. The Tuscaroras have two school- houses, two meeting-houses, and a council-house, a library, and a mu tual improvement society for debates and literary improvement. They are for the most part thrifty farmers, with well-improved lands and good buildings. la 1884 there were 423 Tuscaroras living upon two reservations, as follows: Tuscaroras Reservation, 419; Cattaraugus Eeservation, 4. 2 St. Regis Reservation. The St. Kegis Indians live on the south bank of the St. Lawrence, and own two large islands on the Canadian side in iCornplanter's Town (Jeiiiiedasaga) is in Elk township, Warren County, Pa., 15 miles above Warr en. The State, by an act passed January 25, 1866, gave $500 for a monument to the memory of this distinguished chief, and it was dedicated, with ap propriate services, October 18, 1866. Commissioners were appointed by the county orphan's court June 10, 1871, by authority of an act approved May 16, 1871, to make partition and allotment of the real estate of Cornplanter's heirs. The property, con sisting of a tract known as "Planter's Field" and two islands in the Allegany River, was divided among twenty-three heirs, with full power to hold in severalty and to sell to Seneca Indians, but not otherwise without first obtaining the consent of the Legislature. (Report of Commissioners, etc. Philadelphia, 1871. Pp.16.) 2 An account of the early history of these people, by William Mount Pleasant, one of their number, is given in the New York State census of 1855, p. 510. The New York Missionary Society established a mission here in 1801, which was transferred to the American Board of Foreign Missions in 1826. The number of missionaries from 1826 to 1860 was ten, and the membership, first and last, about two hundred. This society supported for some years a girls' boarding-school. In 1838 a Baptist church of thirty members was established here. The first frame school-house was built in 1831, and in this year a temperance society was organized of about one hundred members, and this influence is still apparent. S. Ex. 95 36 562 INDIAN EDUCATION AND CIVILIZATION. that river, 1 where it is intersected by the line of 45 north latitude. The national boundary passes through their village, of which the greater part, as well as a majority of the Indian population of St. Regis, are in Canada. On the north side of this line these Indians own, besides tfce islands, a tract of land in the township of Dundee, county of Hunt ingdon, province of Quebec. Their reservation in New York lies in the town of Bombay, Franklin County, extending from the river eastward along the boundary about 7 miles, with a breadth of about 3 miles. After various cessions, 2 there remains a tract of about 14,000 acres of land, the most of which is level and very fertile. The St. Eegis Indians are divided into British and American par ties, the distinction not depending upon present residence or prefer ence, but upon the differences that sprang up in the War of 1812-15, and which have been transmitted by hereditary descant, on the mother's side. By the consent of the chiefs of the British and the trustees of the American party, a person may be transferred ; and a woman, upon marrying, loses her former rights and acquires for herself and children the rights of the party to which her husband belonged. A white man can gain no right in either party by marriage with an Indian woman, but his children acquire the rights of their mother. But a white woman is allowed to gain the rights to which an Indian husband is entitled. The British party receives rents from lands leased for a long period, and interest from invested funds. They formerly received from the Eng lish Government small presents of blankets, etc., but these have been dis continued. The American party receives by families and per capita an annuity of $2,131.67 from the State of New York. The United States has never had any direct dealings with these people or care over them, except in being represented by a commissioner at the first treaty (1790). The St. Eegis Indians are descendants of a party of the Mohawk tribe, who were induced to emigrate to Canada by French missionaries about a hundred years before our Revolution. They first settled at La Prairie, opposite Montreal, but a few years later removed 9 miles up the river, and settled the village of Caughnawaga, where a large number still reside. One branch from this colony removed to Oka (Lake of Trco Mountains), on the Ottawa River, some 40 miles from Montreal, and in 1 Cornwall and St. Eegis Islands. 2 The following treaties have been held with this tribe for the cession of land: 1796. May 31. At New York City, when they ceded all their lauds, except a tract equal to 6 miles square at their village, a mile square on Salmon River (now Fort Cov- ington village), a mile square at the lower mills on Grass River, and the natural mead ows along the same. 1816. March 15. Sold the mile square on Salmon River and 5,000 acres from the east end of the reservation. 1818. Feb. 20. Sold another tract of 2,000 acres. 1824. March 16. Sold the mile square on Grass River. 1824. June 29 to Dec. 14. Sold land at and near Hogausburg, 1,144 acres. 1825. September 23. Sold 840 acres east of St. Regis River. 1845. February 21. Sold the natural meadows, found to contain 210 acres. MISSIONS AMONG ST. REGIS INDIANS. 563 1760 auotlier party emigrated under the lead of Father Anthony Gor don, a Jesuit priest, and settled at Ak-wis-sas-ne, 1 on the St. Law rence, between St. Eegis and Eacket Eivers, and arriving on the 16th of June, they named their new establishment after the patron saint of that day, St. Regis. 2 Being from the first a Catholic mission, by much the greater number of these people have remained in this faith. The Methodist Episcopal denomination built a church just off the reservation, near the village of Hogansburg, some thirty years since, and at a later period a neat Epis copal chapel and rectory were erected in the village, under the charge of the Eev. Ele'azar Williams, 3 a member of this tribe. There were in 1875 ninety-seven members and about two hundred usual attendants in the Methodist Episcopal Church near Hogansburg. There were but few, if any, of Mr. Williams's former charge, and since his death the premises have passed into the hands of an Episcopal society of whites. The Methodists have as a pastor a native Onondaga, 4 and services with them, as in the old Catholic church, are conducted in the native Ian- guage, the Mohawk dialect of the Iroquois. Several devotional books l Tbis term signifies " where the partridge drums." This was not from any unusual abundance of these birds in this region, but from the circumstance that in winter the river here forms solid ice, while from the rapids above, which are never frozen, great masses of ice will come down, and passing under the solid ice, produce the noise that has suggested the name. In intensely cold weather the floating ice will some times pack so as to raise the water and overflow the village. The river has been known to rise 15 feet in as many minutes, and the current, setting back up the Racket River, has swept bridges and dams away up-stream. This calamity, coming in the depth of winter, has occasioned much misery and loss of property, but is for tunately not of frequent occurrence. It usually lasts several days at a time. These overflows of January 24, 1854, January, 1859, and January 24, 1867, were memorable. The latter continued a fortnight and destroyed fifteen buildings. 2 The incidents which led to this emigration are related in Hough's Hist, of St. Lawrence and Franklin Counties, pp. 110-124. Gordon died in 1777, and the station was some years without a missionary. The present incumbent (Rev. Francis X. Mar- coux) has been stationed here since 1832. 3 Much was said a few years ago about the identity of this man with Louis XVII of France. The story is generally regarded on the reservation and in the country ad jacent as a fiction of his own invention. 4 Most of the Methodists reside in a neighborhood together around Hogansburg and on the road to Massena. They are thrifty farmers, with good buildings and well- fenced fields, and a stranger passing their premises would scarcely notice a diifereuce between their farms and those of their white neighbors. In other parts of the reser vation are farms of people not of this sect that show abundant evidence of good man agement and ample means. As they pay no taxes they enjoy an advantage over the whites, and at the same time are fully under the protection of the law. They can scarcely be called a burden upon the county, as they support their own poor, and it is very seldom that an Indian finds his way to the county poor-house, or that he receives temporary aid from the town. The question of charity is disposed of in a very prim itive way at St. Regis. A widow or orphan children left homeless by the death of the head of a family go to live with some relative or acquaintance without any at tempt at assessment for their support. It was pleasant to notice how kindly they were received, as if an original member of the family. 564 INDIAN EDUCATION AND CIVILIZATION. (some with music printed with the text) and a spelli tig-book have been printed at Montreal in this language under the direction of Catholic clergymen. The St. Regis Indians depend chiefly upon agriculture for their sup port, and a notable improvement in this regard has occurred within a very few years from this fortunate circumstance: In 1841 an act was passed allowing lands to be leased on the St. Eegis Reservation for a term not exceeding twenty-one years. Under this privilege numerous leases were made of small tracts to white per sons, who cleared lands, built houses, and made permanent improve ments. As these leases expired the tenants were obliged to remove, and these farms came into the hands of Indians, who moved out from their village and took possession of the vacant premises. The very remarkable increase of population noticed within the last ten years (from 424 to 737) may be fairly attributed to the improved hygienic conditions and the abundance of wholesome provisions and pure air which this change occasioned. 1 There has been within- this period no emigration of note, either to or from St. Regis, and a notable increase has been observed as well among those living on the Canada side as with those in New York. Besides the ordinary pursuit of agriculture, in which most are en gaged, the men find employment in cutting wood and in peeling bark for the tanneries of northern New York. The inducement for engag ing in the latter industry was largely increased during the War by conscription and enlistments, which had rendered labor scarce. These people are good wood-cutters and lumbermen, arid many of them ac counted faithful and industrious. In harvest and hop-picking time some seek employment with the farmers, and this tendency of mingling with the whites in various business affairs is notably increasing as the English language becomes better known. In summer the business of rafting on the St. Lawrence was formerly an important industry. The hewn timber from the region around the upper lakes was brought in vessels to Clayton, N. Y., or to Garden Island, near Kingston, and there unloaded and made into rafts, which were con ducted down the rapids of the St. Lawrence with great skill and success, and almost entirely by Indian pilots. With diminishing supplies, this industry has declined of late years. Fishing with nets is followed in its season by farmers owning the privilege in waters bordering their lands, and in 1875, fish were thus caught by farmers along the Raquette to the value of about $700. iThe number that shared in. the State annuities was 666 in 1869, 671 iii 1870, 695 in 1871, 709 in 1872, 718 in 1873, and 711 in 1874. The number of families on the American side in 1875 was 156, of whom 39 were of the British and 117 of the Ameri can party. Owners of land, 133; adults, 157 males and 139 females; unable to read and write, 98 males, 100 females ; read more or less easily, and some only in Iroquois, 58 males, 39 females. The number of St. Regis Indians under charge of New York agent in 1884 makes 937. INDUSTRIES OF ST. REGIS INDIANS. 565 In the summer of 1875, the writer of these pages had occasion for the second time to visit every house on the reservation, for the purpose of obtaining statistics for the State census, and a period of twenty years had brought into use an industry which in 1855 was quite unimportant. In almost every house, the women were found engaged with much skill and industry in the manufacture of bead work, often as an incidental work to till up the leisure moments of the day, but in several instances as a regular business and with hired labor. Fancy articles in great variety, made of bright colored cloth, on which designs were wrought by needle work with clear glass beads, are produced in considerable quantities, and in some cases a sewing machine was used to unite the cloth that forms the ground- work of the bead embroidery. These arti cles are sold by Indian peddlers throughout the country, and especially in places of fashionable resort. 1 Basket work of considerable value is made and sold by the men, chiefly in winter, and in temporary camps among the white settlements, and remote from home, as the bulk of these goods is such that they can not be carried in quantities. 2 The trades of blacksmith, wagon- maker, carpenter, and shoemaker are found among these people, and a few athletic young men give exhibitions of their skill in running, and in playing the ball game of " La Crosse" at agricultural fairs and other gatherings. 3 The lapse of twenty years brought many notable changes into notice, but none of these perhaps more striking than that seen on attending their church. On the former occasion the greater part of the worshipers sat on the floor, the men on one side, wrapped in white woolen blankets that covered their heads, and the women on the side opposite, wearing blue broadcloth blankets in like manner. The latter wore much bead- work and other rude ornaments of their own contrivance. The church is now (1875) provided with seats, 4 and the dress and deportment of either sex would scarcely be noticed as differing from that of a well- behaved congregation in a country church. The styles of fashion are imitated according to the means or taste of the wearer quite as fully as among the white population. These people evince a fondness for vocal music, which, is taught from 1 Bead work was reported in 1875 as made in forty-five families, and to the value of $3,792. The greatest amount in one family was $300, in two cases ; in two instances it was $250, in one $200, in two $150, in one $110, in seven $100, in one $90, in two $80, in three $60, in one $54, in twelve $50, in two $40, in one $35, in two $30, in one $20, in three $15, in one $10, and in one $8. 2 In nineteen families basket work to the value of $1,954 was reported. 3 One young man had made twenty dozen sets of bats for playing " La Crosse," worth in all $160. Two farmers reported made, for sale, one 30 and the other 200 bushels of lime. 4 The wood- work of the stone Catholic church was burned April 1, 1866, and the in terior, since rebuilding, is still in an unfinished state. Three interesting paintings, representing St. Regis, St. Louis, and St. Francis Xavier, which had been given to the church by Charles X, King of France, were lost in this fire. 566 INDIAN EDUCATION AND CIVILIZATION. books printed in their language, and portions of the Catholic service are sung alternately by male and female voices with great harmony and pleasing effect. The English is, however, the only language taught in the schools, of which one is supported by the Canadian Government, and two by the State of New York. Those who live upon the islands are practically deprived of opportunities for education, and there is but little care taken by parents to secure punctual attendance where opportunities are near. This indifference to learning appeared partly due to careless teachers, who took little interest in their charge. It can scarcely be doubted but that an earnest teacher would succeed by visiting families, offering little premiums, and otherwise seeking to enlist an interest in the school. A scale of wages which, from a minimum barely sufficient for support, should rise in proportion to actual attendance to a full and ample allow ance for a full school would, we believe, under competent supervision, begin before long to yield the best result. The schools upon this reser vation appear to have had little encouragement from the missionary who has been so long in charge, and this influence may have led to the indifference too plainly evident. Another difference was observable in their traditional regard for ancient customs. In 1855 they gave with willingness answers to the voluntary question as to the particular band (Wolf, Bear, Turtle, etc.) to which the family belonged. In 1875 it was soon apparent that the in- 'quiry would offend some and would be ridiculed by others as concern ing events that had passed away. There is still, however, a trace of these distinctions in the form given to loaves and cakes prepared for church-day festivals, and there is probable no one among them whose "band" is not still known among the old people. The greatest hindrance, to prosperity at St. Regis is the want of certain boundaries to their lands and the assurance of individual right in their possession. No regular surveys have been made except in run ning the boundary line and in laying out roads, and although custom has given right of possession, which is generally respected, and may be bought and sold among themselves, 1 not one among them has an acre of land for which he could show a written title, and but very few a corner fixed by recorded survey. The State of New York owes it as a duty to these people to cause a just apportionment and survey to be made, and separate recorded titles to be given. If it is deemed best to forbid for a time the sale of these lands except to Indians, let this be done ; but the time is not distant when the principal of their annuities might be paid, and their lands given, as has long since been done at Oneida, in full and absolute free-hold, to individual owners. There would be active opposition to this from many of the more wealthy and intelligent, who already hold more than their just share, ^'he usual price of land, when sold among themselves, is about flO per acre. If offered free of incumbrance, most of it would sell readily at $50. THE SHINNECOCK INDIANS. 567 and would vehemently denounce any plan of apportionment. But this should not deter the State from dealing justly with all, and if any are deprived of improvements which they may have made, there would be no difficulty in equalizing the value by requiring payment from those who received them. 1 The British party are still governed by chiefs. The American party, at an election held annually on the first Tuesday of May, choose one clerk and three trustees, whose powers are defined by law. None but males of the age of twenty -one, and living in this State, are allowed to vote; and besides this, the voter must have the qualifications recognized by custom, which excludes from voting any member of the British party, although he may be permanently living on the American side. Parties spring up among them at these elections founded entirely upon local issues, such as the policy of leasing land, etc. A record is kept by the clerk, showing who are entitled to annuities, and this practically amounts to a registration of births, marriages, and deaths. The population is scarcely affected by migrations to or from other Indian settlements, although a friendly acquaintance is main tained with their kindred at Oka and Caughnawaga. Shinnecock Indians. These people reside in the town of Southampton, Suffolk County, near the eastern end of Long Island, upon a tract of land held in common. Their affairs have been for sixty years managed by three trustees, chosen annually, on town-meeting day, and distinct tracts of land are assigned by them for the separate use of families, but not exceeding 125 acres in a year. The trustees may also lease lands for a term not exceeding three years, with the consent of three justices of the peace of the town where they reside. They have long since lost all traces of their native language, and are generally industrious, temper ate, and worthy people. Their buildings and improvements are good, and excepting in complexion (in many cases showing a mixture of African blood) they would scarcely be noticed as differing from the humbler class of their neighbors. 2 These people draw much of their 1 An act passed April 19, 1858, and amended April 15, 1859, made provision for a sur vey and division of the lands, but from causes unknown nothing was accomplished by the commissioner appointed, nor was any report published. A clause in this act leaving it optional with any person to accept or not the land allotted to him, would probably defeat any effort that might be made tending to a settlement of rights, as nothing short of entire unanimity would ever close the business, and this could never be expected. Under the present law, land may be leased for ten years to Indians, by the trustees, with the consent of the State agent, and the farms formerly cleared by whites are thus held. No wood or timber can be sold without the written consent of the trustees, but the supply has already been reduced to below that needed for their own wants. 2 In 1703 the chiefs of this tribe in a drunken moment conveyed all their lands to the whites. So much discontent was excited by this, when they came to realize the act, that the purchasers leased back a considerable amount, for a thousand years, at a merely nominal rent. The owners in fee perpetuated their right by annual elec tions, until recent times, but difficulties often arose- which led to the passage of aii 568 INDIAN EDUCATION AND CIVILIZATION. support from the bay, in taking clams, oysters, and fish ; quite a num ber of the men follow whaling as a business, in which they evince skill and ability. Many of the young women seek employment as house servants. The condition of these people was greatly benefited by a temperance reform begun in 1828-29, when most of them u signed the pledge," and afterwards remained consistent members of a temperance society. 1 In 1866 all but ten could read and write. They are mostly Congregationalists, but a few hold to the tenets of the Adveutists, and have separate worship. A few individuals of the Montauk tribe still live upon the point of that name. They have no separate recognition by the State or National Government, and no school. The same may be said of the Poospatuck tribe in Brookhaven, Suffolk County. 2 The Seneca constitution. The affairs of the Senecas were formerly managed among themselves by chiefs, who were about a hundred in num ber, and held office for life. 3 By chapter 150, Laws of 1845, the Senecas became an incorporated body, capable of suing and being sued, an at torney being appointed to represent them in legal transactions, and this act has been declared valid by the courts. 4 The general policy of the State before this, and still has been, to regard these people not as citi zens, but as distinct tribes or nations living under the protection of the Government. 5 By chapter 365, Laws of 1847, all the officers among the Senecas were made elective annually. On the 4th of December, 1848, a written con stitution was adopted, and at the next session of the Legislature this was sanctioned by Taw. 6 It was also recognized by the authorities at act March 16, 1859, allowing the Indians and the proprietors to release to each other their rights on either side of a well-defined line. Under this act a portion known as the " Shinnecock Hills," and north of a line described, is released to the whites, and "Shiunecock Neck' x is now again owned in fee by the native race. The amount re leased was about 3,000 acres, and the amount retained (540, of which 100 is marsh. 1 Their condition before this reform is described as extremely degraded. Those in terested in their history will find details in the Report of the Superintendent of Pub lic Instruction, 1864, p. 101, and in the histories of Long Island, by Thompson and Prime. "Shinnecock and Poospatuck Reservation. From the report of the Hon. William B. Haggles, superintendent of public instruction, will be seen the condition and pros pects of the Indian schools on the Shinnecock and Poospatuck Reservations. " The children on these reservations make commendable progress until they are old enough to go to service, and then, with very few exceptions, they drop out altogether or at tend so irregularly that the advantages of school are lost to them. This is shown in the enrolment at Poospatuck, which for the present term has been 90 per cent, of all those of school age. with an average daily attendance nearly three times that of last year." Expenditures, $868.42. 3 New York Assembly Document 63, 1885. 4 Case of Seneca Nation v. Tyler, 14 Howard's Practice, 109. 5 Caseof Goodell v. Smith, 20 Johnson, 693; reversing S. C., ibid., 183. 6 Act of April 11, 1849, resting all the powers formerly enjoyed by the chiefs in the president and council under the new government (chap. 378, Laws of 1849). This revolution did not pass without the most active effort at resistance l>y way of memo- THE SENECA CONSTITUTION. 569 Washington, and with some changes it is continued till the present time. Under this constitution, an election for all officers was to be held an nually, upon the Cattaraugus and Allegany Eeservations, each male In dian of the age of twenty-one, and resident or owning lands taxed for roads or other purposes, being allowed to vote, or to hold office if chosen. There was established a legislative, an executive, and a judicial depart ment. The first of these consisted of a council of eighteen members (afterwards changed as to number), apportioned among the reserva tions in proportion to population. They were to meet annually on the first Tuesday of June, and two-thirds present were to form a quorum. Each member was to be paid $1 a day for attendance, but not more than twenty-six days in a year, arid they might pass any laws not inconsist ent with the Constitution and laws of the State or the United States, and might regulate the admission of other Indians to their citizenship. A president was to be chosen annually, who presided in the council with a casting vote, and was required to report annually a statement of affairs, with such recommendations as he thought proper. The judicial power was vested in three peace-makers on each reser. vation, with powers similar to those of justices of the peace, but their criminal jurisdiction did not extend to cases within cognizance of State or Federal courts. In some instances the council might act in a judi cial capacity. The treaty-making power was vested in the council, but their treaties must be approved by three-fourths of all the legal voters, and also by three-fourths of all the mothers of the nation, before they were valid. A clerk and treasurer, a superintendent of schools, overseers of tbe poor, assessors and overseers of highways were to be elected in each reservation ; receivers of public moneys were required to give security, and a marshal and two deputies were chosen for the execution of the laws, and of the processes of their courts in each reservation. The constitution might be amended by a vote of two-thirds, three months' notice of intention being first given. Several amendments have been since made, and one adopted March 18, 1862, was confirmed by law in 1865 1 . Under the constitution adopted in 1848, the saw-mills then on the reservations were declared national property, but this was not to bin- rials and remonstrances. (See Assembly Docs. 108, 189, 190, 1849, and Senate Doc. No. f>9, 1850.) The chiefs represented that great confusion had followed the change; that timber, lumber, and bark were now stolen without hindrance, and that many disor ders had arisen unknown before. These charges were in turn denied, and great ben efits were anticipated from the change. Among these, it was years afterwards alleged that polygamy had been abolished, and great progress had been made in agriculture and the domestic arts. (Assembly Doc. 63, 1865.) 1 Act of March 16,1865, chap. 21. See also, Assembly Document No. 63, 1865, in which statements of the operation of the constitution are given. Taxes have long been raised among the Senecas for the support of their poor, as well as for highways and other public purposes. 570 INDIAN EDUCATION AND CIVILIZATION. der the erection of others by private owners upon their own lands, if done without injury to the rights of others. In 1817 a change was made, under an order of the Secretary of War, in the mode of paying- annuities, by providing that these moneys should be paid directly to the heads of families, instead of to the chiefs as formerly. Schools among the New York Indians. The first schools among the Iroquois of New York, were established by missionaries and through the efforts of Friends, as briefly noticed in our account of the several reser vations. The American Board of Foreign Missions had schools in the Allegany, Cattaraugus, and Tuscarora Reservations, but there were pagan neighborhoods in which the idea prevailed that " education com ing from whatever source " would destroy the traditional religion and custom of their ancestors, and in these the schools received little favor. The State did nothing in a systematic way towards education among these people until 1846, when it gave the sum of $300 for a school- house at Onondaga, like sums for Allegany and Cattaraugus, and $250 for St. Regis. It also gave for five years, the annual allowance of $200 to St. Regis, $250 to Onondaga, $300 to Allegany, and $350 to Cattaraugus for teachers' wages. These grants were continued in the main until in 1855 they had amounted to $12,100. From 1849 to 1853 the sum of $1,000 a year was allowed for maintaining Indian youths at the normal school in Albany. 1 In 1853 this sum was given to academies at which pupils might be sent from the reservations, but in 1854, this policy was again changed to that of placing Indian youths among farmers, in aid of which the sum of $1,000 was given. Under this plan four girls and one boy were provided with places. In 1853 a school was established by the State at Tonawauda. These desultory and unstable plans were without efficient system, but in 1855, the subject of education among the native tribes came before the Legislature, and a committee, of which the Hon. T. V. H. Clark, the his torian of Onondaga County, was chairman, made a very able report, setting forth the duties of the State in a clear and convincing light. The committee reported a bill, which passed the assembly, but was not reached during the session in the senate. 2 The committee state in their report that the St. Regis, Tonawanda, and Onondaga Indians were behind the rest in all that goes to swell the sum of human comfort. The Cattaraugus Reservation was far in advance of that on the Allegany, their farms being tolerably well cultivated, and their dwellings beginning to assume an air of comfort, industry, and 1 Several of these pupils sickened, and some died of consumption, apparently from too great a -change in their diet and mode of life. 2 Assembly Document No. 43, 1885. The plan recommended was the appointment of a board of commissioners for Indian affairs, consisting of the Governor, secretary of state, and superintendent of public instruction, with power to appoint a suitable person to make examination into the condition of the Indians of the State. Tbe board was to report annually to the Legislature, with such recommendations as they might deem proper. SCHOOLS AMONG THE NEW YORK INDIANS. 571 thrift. Of these two reservations, the committee say there are two pop ular and prevalent errors : " One is that they are fast decreasing in population; the other, that all effort for their improvement is hopeless. Notwithstanding the rav ages of disease and death in their most aggravated forms, and the emi gration of a portion to the West, the Senecas have so increased since 1832 that the annuities which then gave them $3 a piece, now give but $2.4G, i. 8 574 INDIAN EDUCATION AND -CIVILIZATION. Number of children registered in the schools. Year. Allesjany and Cat tarangus. Oneida. Onon- daga. St. Regis. Shinne- cock. Tona- wanda. Tusca- rora. Total. 1866 5?5 32 46 15i 31 121 136 1 042 1867 568 30 53 91 31 100 113 986 1868' 602 35 58 131 42 79 115 1 062 1869 1870 571 582 33 40 63 64 70 70 40 32 105 53 120 116 1,002 957 1871 - 694 36 61 40 60 111 1 073 1872 800 39 58 63 35 79 118 1 192 1873 820 35 10. 61 37 97 119 1 229 1874 ... .: 631 38 65 45 41 90 108 1 018 Average daily attendance. 1866 1867 318 329 11 17 24 17 29 20 19 19 43 46 45 20 488 468 1868 343 18 14 44 17 33 47 516 1869 350 8 19 18 15 43 29 487 1870 404 8 20 30 25 36 26 549 1871 410 7 18 27 15 25 23 525 1872 590 8 17 18 19 32 22 706 1873 620 7 24 27 17 46 23 764 1874 ...... 372 9 22 11 16 48 20 498 The expenses incurred by the State for Indian schools were reported only in aggregates before 1869. The following table embraces the totals of expenditures during the first thirteen years after the care of these schools was assumed by the State. The last column exceeds the sum of the preceding, in several years, because it includes items for general expenses. Total expenditure for Indian schools. Years. Allegany and Cat- taraugus. Oneida. Onon- daga. St. Eegis. Shinne- cock. Tona- wanda. Tusca- rora. Total. 1856 $1 869 85 1857 6 627 45 1858 5 401. 18 1859 4 742.88 1860 .- .. 4 396.06 1861 4 193.96 1862 $2, 343. 32 $324. 53 $242. 62 $460. 87 $96. 00 $306. 71 $368. 00 4, 142. 05 1863 2, 748. 94 347. 08 195. 66 445. 00 104. 00 328. 52 907. 99 5, 077. 19 1864 2, 927. 88 245.18 274. 58 273. 50 86.00 289. 70 502. 89 4, 672. 23 1865 4,172.45 332. 02 199. 77 435. 00 113.00 219. 01 510. 03 5. 981. 28 1866. 1867. 2, 779. 80 2, 783. 74 359. 68 350. 68 260. 02 217. 26 655. 01 560. 14 158.00 149. 00 247. 50 253. 40 435. 75 480. CO 4, 895. 76 4, 880. 59 1868. 5, 182. 95 394. 25 255. 35 675. 85 194. 00 372. 39 770. 49 7, 922. 24 PAYMENTS FOR SCHOOLS. 575 The receipts and payments for schools, since 1868, are shown by items for the several reservations in the following tables. Payments on account of Indian schools. ALLEGANY AND CATTARAUGUS. Tears. For teachers' wages. For build ing and re pairing school- houses. i For furni ture, books and school apparatus. For inci dental ex penses. Total pay ments. 1803 $3, 356. 00 3, 370. 50 4, 000. 00 4, 038. 92 4, 258. 00 4, 052. 00 $981. 84 81.74 610. 00 529. 62 510.00 450. 00 $473. 38 326. 98 200. 00 455. 98 328. 63 683. 23 $754. 04 714. 85 899. 84 1, 150. 88 698. 10 400. 00 $5, 565. 26 4, 530. 07 5, 709. 84 6, 775. 40 5, 794. 73 5, 585. 23 1870 1871 1872 1873 1874 ONEIDA. 169 $370. 00 356. 00 320. 00 330. 00 335. 00 '325.00 $16. 67 30.05 19.59 12.87 11.04 26.48 $70. 00 73.50 69.35 106. 45 92.00 64.50 $456. 67 460.95 418. 94 476.64 438. 04 430. 98 1870 $1.40 10.00 27.30 1871 1872 1873 1874 15.00 ONONDAGA. 1869 $216.00 110.00 210. 00 204. 00 147. 20 252. 00 $28. 75 45.00 95.40 26.90 14.25 14.19 $21. 16 $91. 79 114. 00 165. 64 157.72 115. 00 119. 76 $357. 70 269. 00 490.04 422.40 306. 20 412. 53 1870 1871 19.00 33.78 29.75 36.58 1872 1873 . . 1874 ST. EEGIS. 1869 $500 00 $20 00 $39 00 $16. 00 $515. 00 1870 500 00 500. 00 1871 500. 00 12 00 94.05 606. 05 1872 500 00 7 00 25 09 532. 09 1873 750. 00 15. 00 9.00 29.55 803. 55 1874 250 00 7 93 18.22 276. 15 SHDOTECOCK. 1869 $221 flO $105. 00 $326. 00 1870 . . 263 50 $55. 00 50.00 368. 50 1871 168 00 $95. 00 204. 50 467. 50 1872 350 00 10 00 70.50 430. 50 1873 9()9 0o 5 00 234.00 1874 304 00 10.10 56.71 370. 81 576 INDIAN EDUCATION AND CIVILIZATION. Payments on account of Indian schools Continued. TONAWANDA. Tears. For teachers' wages. For build ing and re pairing school- houses. For furni ture, books, and school apparatus. For inci dental ex penses. Total pay ments. 1869 $300 00 $5 CO $72 9 5 $51 69 $429 53 1870 312 00 6 29 34 14 95 53 447 96 1871 204 00 5 00 18 77 92 41 3 9 19 1872 504 00 123. 23 40.60 667 83 1873 348. CO 504. 00 69.82 151. 14 1 072 96 1874 529 32 212 00 180 00 921 32 TUSCAEOEA. 1869 . . $442 00 $36 92 $111 32 $580 22 1870 454. 31 22 91 112 00 589. 22 1871 426 00 $2 00 29 66 207 25 664.91 1872 320. 25 2.00 42 41 107. 00 471. 66 1873 505. 00 3 00 30 30 109. 11 647. 41 1874 346. 00 5.00 23.17 95.13 469. 30 TOTAL OF ALL EESERVATIOXS. 1869 $5 405 00 $1 036 1870 5 366 31 134 1871 5 828 00 89 1872 6 247.17 726 1873 6 552 20 1 071 1874 6 058.32 706 659. 38 $1,199.81 $8, 300. 38 505. 08 1, 159. 88 7, 165. 70 287. 02 1,733.04 8, 677. 46 545. 06 1, 658. 24 9, 176. 52 478.54 1, 194. 90 9. 296. 89 777. 39 924. 32 8, 466. 32 Receipts for support of Indian schools. ALLEGANY AND CATTAEAUGUS. Year. Value of school- houses. Eeceived from State. Eeceived from other sources. Total receipts. 18G9 $8 350 $4 2 9 8 26 $887 00 $5 115 26 1870 8 415 4 080 07 450 00 4 530.07 1871 8 800 5 029 84 680 00 5 709.84 1872 9 3CO 4 875 40 1 300 00 6 175 40 1873 8 500 4 944 73 850 00 5 794 73 1874 8 500 4 735 9 3 850 00 5 585 23 OKEIDA. 1869 $800 $446. 67 $10. 00 $45f 37 1870 800 448. 95 12.00 460. 95 1871 800 408. 94 10.00 418.94^ 187 800 411 04 3." 00 476. 64 1873 800 418 04 20 00 438. 04 1874 800 398 48 '.','!. 50 430. 18 RECEIPTS FOR SCHOOLS. Eeceipts for support of Indian schools Continued. ONONDAGA. Tear. Value of school- houses. Received from State. Received from other sources. Total receipts. 1869 $950 $220 70 $135 00 $355 70 1870 900 110 00 159 00 269 00 1871 925 383 04 107 00 490 04 1872 900 332 40 90 00 4*^2 40 1873 700 220 70 85 50 306 20 1874 1 000 327 53 85 50 413 53 ST. REGIS. SHIKtfECOCK. TOXAWANDA. TUSCARORA. TOTAL OF ALL RESERVATIONS. 1869 $600 $575 00 $5 7 5 00 1870 800 500 00 500 00 1871 500 606. 05 606 05 1872 500 532.09 532 09 1873 400 803 35 803 35 1874 450 276 15 276 15 1869 $1 500 $205 00 $121 00 $36 00 1870 800 278 50 90 00 368 50 1871 800 382 50 85 00 467 50 1872 800 418 50 12 00 430. 50 1873. 800 234 00 234. 00 1874 800 350 81 20 00 370. 81 1869 $371.53 $58. 00 $429. 53 1870 418. 96 29.00 447. 96 1871 287 18 33.00 320. 18 1872 544. 60 123. 23 667. 83 1873 887. 96 185. 00 1, 072. 96 1874 $1 100 691. 32 230. 00 921. 32 1869 $1 700 $441. 18 $60. 00 $501. 18 1870 1,600 524. 22 65.00 589. 22 1871. 1,600 581. 91 83.00 664.91 1872 1 600 409. 66 62.00 471.66 1873 1,500 594. 41 53.00 647.41 1874 1, 500' 42430 45.00 469. 30 1869 $13 925 $6,548.24 $1,271.00 $7, 819. 24 1870 13, 135 6, 360. 70 805. 00 7,165.70 1871 13,445 5, 029. 84 680. 00 5, 709. 84 1872 14, 000 7, 554. 29 1,622.23 9, 176. 52 1873 ... .: 13, 450 8, 103. 39 1, 193. 50 9, 296. 89 1874 14 150 7, 203. 82 1, 262. 50 8, 466. 32 577 S. Ex. 93 37 578 INDIAN EDUCATION AND CIVILIZATION. Missions. l Without attempting a history of missions, among the Indians of New York, we may simply remark that there are at present twelve church buildings for the exclusive use of these people, valued at $22,400, and capable of seating 2,500. Of these, four are Methodist Episcopal, four Baptist, three Presbyterian, and one Protestant Epis copal. At St. Kegis is a Catholic church, on the Canada side of the line, but attended by all of that faith on the reservation. The number of Indian church members within the State is 1,034, and of the clergy men in charge of these churches six are Indians. Indian agricultural societies. The a Iroquois Agricultural Society" was formed in 1859, and held its first fair on grounds fitted up for the purpose on the Cattaraugus ^Reservation, near the village of Versailles, in 1860. These fairs have since been held annually and the State has usually granted $250 per annum to encourage tbe enterprise. The society was incorporated by special act May 5, 1863, and the charter has been since repeatedly amended. 2 In 1865 the number of entries of horses, cattle, and sheep was 107, and the whole number of entries was 674. The sum received from all sources was $1,226.41 and premiums were awarded to the amount of $321.25. Measures were taken this year for the purchase of permanent grounds. About 17 acres were secured and improvements have been made from time to time, so that the premises are now very convenient. The State report of 1871, in speaking of the fair of the Iroquois Agri cultural Society held on its grounds in September of that year, says : "The Indians have manifested more interest to excel in competition, therefore a better display of stock than in former years. It is quite noticeable that the common stock is giving way to blooded grades. * * * Grain and vegetables displayed at tbis fair can not be excelled in this country, as the remark was made by many competent to judge who were visitors from abroad. The entries in the domestic depart ment far excelled those of former years, showing a decided improvement. In mechanical arts a deficiency was manifested, although several entries were made. The display in fruit was quite large, especially canned fruits. The number of entries was about 1,000 in all the departments." The receipts at this fair were $1,561.28, and the sum of $862 was dis tributed as premiums and purses, $807.49 paid for improvement of J The American Board of Foreign Missions liad stations among the Senecas from 1826 to 1870, at which, at different times, forty-seven missionaries labored, and in all about six hundred church members were received. Their missions were transferred in 1870 to the Presbyterian Board of Missions. From 1811 to 1826 the New York Missionary Society had charge of Seneca missions. 2 March 12, 1864, May 9, 1873, and May 8, 1874. It was originally intended that this society should be represented in its trustees by election from the different reser vations, but this idea is abandoned, and the elections are now held at Cattaraugus, each male of twenty-one years of age who has cultivated 10 acres of land on that reservation and who is a resident therein having a right to vote for trustees. INDIAN AGRICULTURAL SOCIETIES. 579 grounds and other expenses, and $184.79 to reduce a debt. At the sixteenth fair, held in 1875, the number of entries was 900 and the num ber of members 180. Their receipts amounted to $1,395.90, being $12.93 over expenses. A branch of this society was formed on the Tonawanda Eeservation in 1865, and separate fairs held since that year. They are practically dis tinct from those at Cattaraugus, and are increasing annually in interest. The seventh fair (1871) reported $911.50 received, chiefly from tickets sold, $588.75 paid for premiums and purses, $40 for printing, $42.75 for police, $150 for improvements, and $90 for payment "of debts. Their eleventh report shows the receipt of $585.75. The "Onondaga Indian Agricultural Society 77 was incorporated by special act May 18, 1870, and the powers usually enjoyed by agricult ural societies were granted. It is managed by fifteen trustees named in the act, who appoint their own successors and elect officers from their number. The State report for 1871 says of their second fair: " Notwithstanding the very inclement weather during the first three days, there was a creditable exhibition of live-stock, grains, vegetables, .and in the horticultural department. In each of the departments a very commendable emulation was apparent, and in the departments of grains and vegetables the display would compare favorably with any like exhibition among the white people." Addresses were delivered by the Hon. Horatio Seymour and by Bishop Huntingtou, and these being a new feature with these people served greatly to awaken an interest in the society. The sum of $200 from the State, with other items, chiefly from ad mission tickets, carried up the receipts of that year to $484.80, and the sum of $161 was paid in premiums. The more recent fairs of this society show an increasing interest in the enterprise and an improving condition among these people. In 1875 the number of entries was 752 and the receipts amounted to $411.51. State annuities. The Indian annuities now paid by the State of New York amount to $7,361.67, of which sum the Onondagas receive $2,430, the Oayugas $2,300, the Seuecas $500, and the St. Eegis $2,131.67. United States annuities. Under an act approved June 27, 1846, the sum of $75,000, paid under the treaty of 1842 to the New York Senecas, and the stock in which the same had been invested were ordered to be turned into the Treasury to the credit of these Indians, and 5 per cent, to be paid annually. The same act authorized the President to receive from the Ontario Bank (Cauadaigua) the money held in trust for these people, and cause the stock to be cancelled and credit given. Under this authority $43,050 of purchase money was placed to the credit of the New York Senecas. These sums, amounting to $118,050, produce at 5 per cent. $5,902.50, and $6,000 a year pledged by treaty makes the total annuity $11,902.50 in money. 580 INDIAN EDUCATION AND CIVILIZATION. The Six Nations of New York are also entitled to $4,500 under treaties. This is payable in goods, etc., and a part of it goes to the Oneidas and Stockbridges of Wisconsin and the Indian Territory. 1 Condition and numbers at some given periods. A legislative report made in March, 1819, a short time before the emigration of large parties of Indians from central New York, gave the folio wing as the extent and population of the several reservations: Reservation. Acres. Population. Buffalo Creek 83 557 686 Tonawanda 46 209 365 Cattaraugus . . 26 880 389 Alle r any 30 469 597 On G en esee River.. .. ...... ..... 31 648 456 Oil Spring 640 Tuscarora 1 920 314 Oneida 20 000 1 031 Onondaga 7 000 300 Stockbriuge 13 000 438 St. Resis 10 000 400 Total 271 323 4 976 At $6 per acre their lands were worth at that time nearly $1,628,000. (Assembly Journal, 1819, p. 587.) The Brothertown Indians appear to be omitted iroin the enumeration. In 1857, the distribution by tribes and reservations, in New York, was as follows : Senecas, 741 at Allegany, 1,204 at Cattaraugus, and 650 at Tonawauda; total Senecas, 2,595. Tuscaroras, 269 on their own lands in Lewiston. Cayugas, 157 with Senecas. Onondagas, 132 with Senecas, 322 on their own reservation, and 27 with Tuscaroras ; total Ouondagas, 472. Oneidas, 176 at Oneida, 7 with Senecas, and 72 with Onoudagas ; total Oneidas, 255. Total of all New York Indians in 1857, 3,748. Wealth of the New York Indians in 1861. In 1861 the personal wealth of the Indians of central and western New York was estimated at $465,700, distributed as follows: Cayugas (with Senecas) $13, 200 Onondagas ( with Senecas) 14, 500 Senecas (Allegany Reservation). 60,000 Senecas (Cattaraugus Reservation) 125, 000 Senecas (Tonawauda Reservation) 85,000 Oneidas of Madison and Oneida Counties 17, 000 Onondagas of Onondaga County 44, 000 Tuscaroras of Niagara County 97,000 1 In 1856 the share coining to the Stockbridges of Green Bay was $214, and in the West $56; to the Oneidas of Green Bay,$832 ; to the Six Nations in New York,$3,697.50. STATISTICS CONCERNING NEW YORK INDIANS. 581 STATISTICS AS RETURNED BY THE STATE CENSUS. Population. .Reservation. 1845. 1855. 1865. 1875. 1885. Increase or decrease within decennial periods. 1845-55. 1855-65. 1865-75. 1875. .A-lleganv . 783 446 922 157 368 260 754 825 866 890 29 71 41 24 Buffalo '. Cattaraugus Oneida 1,179 161 349 413 160 602 316 1,347 155 360 426 147 509 370 1,417 139 401 *737 185 559 404 1,539 172 371 937 257 4 19 153 168 6 11 13 13 93 54 70 16 41 311 38 50 34 122 23 30 200 Ononda^a St. Regis Shlnnecock .. . Tonawanda ...... 505 312 557 461 97 4 2 57 Tuscarora Total 3,753 3,934 4,139 4,708 181 195 569 1 Of 1,685 Indian youths in New York in 1875, between the ages of five and twenty-one years, about 1,000 can read and speak the English language, and of adults about 500. Acres cultivated in different crops in 1875-1884. 1* 575. 1884. Reservations. Wheat. 1 ai i I Buckwheat. Indian corn. A I 1 T3 a Z II o j 1 O Vegetables. Allegany >84 1% 379 109 11 800 1 500 500 1 500 8 250 Cattaraugus 401 8fiO 922 S99 3 500 3 000 1 (00 4 000 ]6 650 Oneida 1? ??, 21 q 9 250 150 50 4">0 1 075 Onondaga 47 148 216 68 4 2 500 1 500 400 6 000 5 675 St. Regis 170 357 8 26 108 1Sf> 8T Shiunecock ?, 18 4 36 Tonawanda I'll 198 q 18 11 238 107 2 500 2 500 500 7 500 8 925 Tuscarora 404 ?7S 9< > 8 *, 227 09 3 000 2 500 250 6 000 5 675 Acres of improved land. Reservations. 1845. 1855. 1865. 1875. 1884. 2 163 1 714 2 436 2 971 5 200 Buffalo Creek 1 914 Cattaraugus 2 439 3 032^ 4 962 3 6 851 5 500 Oneida 421 354$ 225 1 20 200 9 043 2 063J 1 569 943 4 000 St Re $. Ex. 95 38 594 INDIAN EDUCATION AND CIVILIZATION. The necessary roads, highways, and railroads which may be constructed shall have the right of way, a just compensation being paid therefor. (Art. 10.) Treaty binding when ratified. (Art. 12.) Proclaimed March 30, 1855. 1 Treaty with the confederated lands of Calapooia Indians residing in the Willamette Valley, composed of the Calapooia, Mo'lalla, Wahlalla, Clackamas, Clowwewalla, and Santiam bands, made at Dayton, Oregon, January 22, 1855. Cede the following tract of land : Beginning at the mouth of the first creek emptying into the Columbia River below Oak Point, thence south along the Coast Range to the Calapooia Mountains, east to the Cascade Mountains, north to the Cascade Falls, and down the Columbia to the place of beginning. Said bands to remain on temporary reservation within ceded country until suitable district shall be designated for their permanent home and proper improvements made thereon. United States to provide security for their persons and property from hostile Indians. Said confederated bands engage to remove peaceably from ceded country to district to be provided for them. (Art. 1.) The sum of $150,000 to be paid as follows : $10,000 for five years, commencing Sep tember 1, 1855 ; $8,000 for five succeeding years ; $6,500 for the next five years ; $5,500 for the next five years. Said moneys to be expended under the direction of the President for moral improvement and education, buildings, opening farms, stock, agricultural im plements, etc., providing mechanics, farmers, physician, arms, and ammunition. Also, additional sum of $50,000 for articles at signing of treaty, providing stock, implements, and clothing on temporary reserve, and erecting on permanent reservation mills, shops, school-houses, hospital, and other necessary buildings, making improvements, paying for permanent homes of settlers on ceded tract, and expenses of removal of Indians and subsistence for one year. If any band or bands claiming portions of the land herein ceded shall not agree to this treaty, then the bands becoming party thereto shall receive such part of the payments herein provided as shall be in the proportion that their aggregate number may bear to the whole number of Indians claiming the ceded country, and any bands, parties to this treaty, having a legiti mate claim to country north of the Columbia, the amount they may be entitled to as a consideration for such country shall be added to the annuities herein provided for. (Art. 2.) United States agrees to provide for the employment of a physician, school teacher, blacksmith, and farmer, for five years after removal of Indians to permanent reserve. (Art. 3.) President may cause the permanent reserve to be surveyed into lots and assigned : to each single person over twenty-one years, 20 acres; family of two, 40 acres ; three or five, 50 acres; six to ten, 80 acres; over ten, 20 acres for each additional three per sons. Rules of descent to be provided by President and patent may be issued; land shall not be alienated, or be leased for longer than two years, and shall be exempt from levy, sale, or forfeiture. Said conditions to continue until a State constitution em bracing said lands shall be formed and the legislature remove the restrictions with the consent of Congress. Any family neglecting to improve assigned lands, or roving from place to place, the patent shall be revoked and annuities withheld until they per manently locate. (Art. 4.) Annuities not to be taken for debts of individuals. (Art. 5.) Indians acknowledge dependence on Government. Agree to deliver offenders for punishment according to law; not to make war, but to refer disputes to United States officials, and to submit to laws and rules prescribed by United States. (Art. 6.) Any one using or procuring intoxicating liquors to have annuities withheld at discretion of President. (Art. 7.) Roads and railroads to have right of way upon compensa tion made therefor. (Art. 8.) Treaty binding when ratified. (Art. 9. ) Proclaimed April 10, 1855. 2 1 United States Statutes at Large, Vol. X, p. 1125. *Ibid., p. 1143. OREGON GRANDE RONDE AGENCY. 595 Treaty witii Molel Indians, made at Dayton, Oregon, December 21, 1855. Cede the following tract : Beginning at Scott's Peak, being the north-eastern termi nation of purchase from Umpaquah and Calapooias on November 29, 1854 ; thence southerly on eastern boundary line of said purchase, and purchase from Cow Creek Indians, on September 19, 1853 ; and the tract purchased of the Scotens, Chestas, on November 18, 1854, to the boundary of the Rogue River purchase of September 10, 1853 ; thence along northern boundary of said purchase to summit of Cascade Moun tains; thence northerly along summit of said mountains to a point due east of Scott's Peak; thence west to place of beginning. (Art. 1.) In compensation, Indians to have the rights and privileges guaranteed to Umpaquah and other tribes by treaty of November 29, 1854, the Molels agreeing to confederate with those bands ; saw and grist mills erected and maintained for ten years ; smith and tin shop maintained for five years additional to the term of said treaty; manual labor school established and maintained; carpenter and joiner for ten years; additional farmer for five years. (Art. 2.) Indians to remove immediately to tract selected on Yamhill River adjoining Coast Reservation, until proper improvements are made on the latter, then to remove there, or to such point as the President may designate. (Art. 3.) Expenses of re moval to be borne by the United States. (Art. 4.) Rations to be furnished for six months after arrival on reservation. (Art. 5.) Twelve thousand dollars appropriated to extinguish title of white settlers and pay for their improvements in Grande Ronde Valley, these improvements to be used for the benefit of Indians ; also for the erection of buildings, opening farms, buying teams, tools, stock. This expenditure and the provisions of this treaty to be in accord with treaty of November 29, 1854. (Art. 6.) Proclaimed April 27, 1859. l Grande Eonde Reserve. 2 DEPARTMENT OF THE INTERIOR, Washington, June 30, 1857. SIR : I have the honor to submit to you herewith a report of the Commissioner of Indian Affairs recommending, and a report of the Commissioner of the General Land Office concurring in the recommendation, that the lands embraced in townships 5 and 6 south, of range 8 west, and parts of townships 5 and 6 south, of range 7 west, Will amette district, Oregon, as indicated in the accompanying plat, be withdrawn from sale and entry, and established as an Indian Teservation for the colonization of Indian tribes in Oregon, and particularly for the Willamette tribes, parties to treaty of January, 1855. I respectfully recommend that the proposed reservation be established, and have accordingly prepared a form of indorsement on the plat of the same for your signa ture in case the recommendation is approved. The "Coast Reservation" alluded to in some of the accompanying papers was es tablished by order of your predecessor, November, 1855. I am, very respectfully, your obedient servant, J. THOMPSON, Secretary. The PRESIDENT. EXECUTIVE OFFICE, Washington City, June 30, 1857. Townships 5 and 6 south, of range 8 west, and parts of townships 5 and 6 south, of range 7 west, as indicated hereon by red lines, are hereby withdrawn from sale and entry and set apart as a reservation for Indian purposes till otherwise ordered. JAMES BUCHANAN. 1 United States Statutes, Vol XII, p. 981. l Report of Indian Commissioner, 1886, p. 353. 596 INDIAN EDUCATION AND CIVILIZATION. KLAMATH AGENCY. KLAMATH RESERVATION. [Post-office address: Klamath Agency, Klarnath County, Oregon.] How established. -By treaty of October 14, 1864. Area and survey. One million fifty-sixty thousand acres, of which 20,000 are classed as tillable. 1 Partly surveyed. 2 Acres cultivated. Two hundred and seventy -five acres are under cul tivation. 3 Tribes and population. The tribes living here are the Klamath, Modoc, Pai-Ute, Walpape, and Yahuskin band of Snake (Shoshoni). Total population, 993. 4 Location. The reservation is in Lake County, Oregon. A large portion is composed of mountainous ridges. The uplands are well tim bered, and parts of the reservations are adapted to stock-raising. The reservation is well watered. 5 (jrovernment rations. None of the Indians on this reservation were supplied with Government rations during the year 1886. Mills and employes. There is a lumber and grist mill on the reserva tion and Indian apprentices at work; Indian police. Established in 1880. Indian court of offences. Established in 1883. School population, attendance, and support. 6 School population, as estimated in 1886 215 Klamath boarding-school : Accommodation ... 105 Average attendance 93 Session (months^ 9 Cost $8,933.23 Yaimax boarding-school : Accommodation 62 Average attendance 60 Session (months) 9 Cost $6,127.56 Missionary work. The Methodist Church has had a mission. No missionary work reported in 1886. SYNOPSIS OF TREATIES. Treaty with the Klamath and Moadoc tribes and the YahoosUn band of Snake Indians at Klamath Lake, Oregon, October 14, 1864. Indians cede following lands : Beginning at the point where the forty-fourth par allel of north latitude crosses the summit of the Cascade Mountains ; thence following the main dividing ridge of said mountains in a southerly direction to the ridge which separates the waters of Pitt and McCloud Eivers from the waters on the north ; thence 1 Report of Indian Commissioner, 1884, p. 314. *Ibid., p. 263. 3 Ibid., 1886, p. 434. *nid. t p. 404. &11>id. t 1881, p. 144, *IW., 1886, p. xciv. OREGON KLAMATH AGENCY. 597 along said dividing ridge in an easterly direction to the southern end of Goose Lake; thence north-easterly to the northern end of Harney Lake ; thence due north to the forty-fourth parallel of north latitude ; thence west to the place of beginning. The following tract within the ceded country set apart as a reservation for said Indians: Beginning on the eastern shore of the Middle Klamath Lake, at the point of the rocks, about 12 miles below the mouth of Williamson's River; thence following of said eastern shore to the mouth of Wood River ; thence up said river to a point 1 mile north of the bridge at Fort Klamath ; thence due east to the summit of the ridge which diyides the Upper and Middle Klamath Lakes; thence along said ridge to a point due east of the north end of the upper lake ; thence due east, passing the said end of upper lake, to the summit of the mountains on the east side of the lake ; thence along said mountains to the point where Sprague's River is intersected by the Ish- tish-ea-wax Creek ; thence in a southerly direction to the summit of the mountain, the extremity of which forms the point of rocks ; thence along said mountain to the place of beginning. Indians to remove immediately after ratification of treaty ; white persons not per mitted, except those specified ; right to fish secured ; right of way for public roads and railroads reserved to citizens of United States. (Art. 1.) United States to pay $8,000 per annum for five years, commencing on October 1, 1865 ; $5,000 annually for five years next succeeding first period of five years; $3,000 per annum for term of five years next succeeding the second period. Annuities to be expended under direc tion of President. (Art. 2.) United States agrees to pay $35,000 additional for the purchase of farming imple ments, tools, clothing, provisions, and for the payment of necessary employe's. (Art. 3.) United States agrees to erect mills and shops, the necessary buildings for one man ual labor school, and such hospital buildings as may be necessary; buildings to be kept in repair by United States for twenty years ; necessary tools, books, and sta tionery to be furnished by United States for twenty years. (Art. 4.) United States agrees to furnish and pay for services, for fifteen years, of farmer, mechanics, and teachers. (Art. 5.) United States to survey reservation into tracts to be assigned to heads of families, not less than 40 or more than 120 acres, and single persons over twenty-one years 40 acres, perpetual possession guaranteed. Indians not to convey such tracts to any person whatever; lands not subject to levy, sale, or forfeiture. (Art. 6.) United States empowered to regulate successions of property. (Art. 7.) Annuities not to be taken for debts of individuals. (Art. 8.) Indians to be friendly to citizens, and to refrain from war. (Art. 9.) Benefits of treaty withheld from those using ar dent spirits. (Art. 10.) Other tribes may be located on this reservation. (Art. 11.) Treaty binding when ratified. (Art. 12. ) Proclaimed February 17, 1870. 1 Treaty with the Woll-pali-pe tribe of Snake Indians, made at Sprague Ewer Valley, Ore gon, August 12, 1865. Peace declared. Prisoners and slaves held by Indians and citizens to be given up. (Art. 1. ) The tribe cedes the following tract : Beginning at Snow Peak, in the summit of the Blue Mountain range, near the heads of the Grande Ronde River and the north fork of John Day's River ; thence down the latter to its junction with the south fork ; thence due south to Crooked River ; thence up said river and the south fork thereof to its source; thence south-easterly to Harney Lake; thence northerly to the heads of Malheur and Burnt Rivers ; thence continuing northerly to the place of beginning. (Art. 2. ) The tribe to agree to remove to the reservation designated by treaty of Oc tober 14, 1864, and not to leave the same without a pass from agent. (Art. 3.) Agrees to commit no depredations, to give up offenders. Not to retaliate, but submit difficulties to agent, and the United States guarantees such acts to be punished as if 1 United States Statutes, Vol. XVI, p. 707. 598 INDIAN EDUCATION AND CIVILIZATION. committed against white persons. (Art. 4.) Tribe to seek to induce cessation of hostilities, and not to sell arms to hostile Indians. (Art. 5.) The sum of $5,000 to Ibe expended for breaking and fencing land, supplying implements, seed, animals, and subsistence. (Art. 6.) Also $2,000 per annum for five years, and $1,200 for the next ten following, to be expended under the direction of the President. (Art. 7.) Tribe to have use of employe's provided by treaty October 14, 1864. Snake interpreter pro vided. President may allot these Indians land in severalty. (Art. 8.) Use of ardent spirits to involve loss of annuities, beside legal penalties. (Art. 9.) Treaty binding when ratified. (Art. 10.) Proclaimed July 10, 1866. 1 MALHEUR RESERVATION. How established. By Executive orders, March 14, 1871; September 12, 1872; May 15, 1875; January 28, 1876; July 23, 1880; September 13, 1882; aiid May 21, 1883. Area and survey. Contains 320 acres. Nothing reported from this reservation. Malheur Reserve." 2 WASHINGTON, March 8, 1871. Hon. E. S. PARKER, Commissioner of Indian Affairs : I would respectfully ask that the President withdraw for eighteen months all that portion of the country in the State of Oregon, situated between the forty-second and forty-fourth parallels of latitude, and from one hundred and seventeen to one hundred and twenty degrees of longitude, excepting so much as may have been or may be granted for military or wagon road purposes, with a view of selecting an Indian res ervation, on which to consolidate Indians east of the Cascade Mountains in said State, excepting those who may select lands in severalty from the reservation or reserva tions ou which they are now located, and the President instruct me to proceed at the earliest practical time to select such reservation. A. B. MEACHAM, Superintendent of Indian Affairs, Oregon. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., March 10, 1871. SIR : I have the honor to report that I am in receipt of a letter bearing date the 8th instant, from A. B. Meacham, Esq., superintendent of Indian affairs in the State of Oregon, asking that the portion of that State lying between the forty-second and forty-fourth parallels of north latitude and the one hundred and seventeenth and the one hundred and twentieth degrees of west longitude (excepting so much thereof as may have been or may hereafter be granted for military or wagon road purposes) be withdrawn from the market as public lands, for the space of eighteen months, with a view to the selection of a reservation upon which to collect all the Indians in that State east of the Cascade Mountains, except those who may select lands in severalty upon the reservation on which they are now located. The suggestion of Superintendent Meacham is concurred in, and I respectfully rec ommend that the President be requested to issue an Executive order withdrawing the tract of country described from market as public lands, for the period and purpose 1 United States Statutes, Vol. XIV, p. 683. 2 Report of Indian Commissioner, 1886, p. 354. OREGON KLAMATH AGENCY. 599 above indicated, and that this office be authorized to instruct the superintendent to proceed to select such reservation without unnecessary delay. A copy of Superintendent Meachani's letter is herewith transmitted. Very respectfully, your obedient servant, H. R. CLUM, Acting Commissioner. Hon. C. DELANO, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, March 14, 1871. The recommendation of the Commissioner of Indian Affairs, contained in his accom panying report, has my approval, and it is respectfully submitted to the President, with the request that he direct the temporary withdrawal from market of the lauds in Oregon, as therein designated, with the exceptions stated, for the purpose of estab lishing a reservation for the Indians in that State. C. DELANO, Secretary. EXECUTIVE MANSION, March 14, 1871. I hereby direct the withdrawal of the lands referred to from market as public lands for the period of time and for the purpose indicated, as recommended by the Secretary of the Interior. U. S. GRANT. OFFICE INDIAN AFFAIRS, Washington, September 4, 1872. SIR: I have the honor to inclose herewith a report, dated the 22d ultimo (and ac companying map), received from T. B. Odeneal, Esq., superintendent of Indian affairs for Oregon, reciting the action taken by him relative to the establishment of a pro posed reservation on the headwaters of Malheur River, in that State, for the Snake or Piute Indians, under instructions contained in letter to him from this office, dated the 6th of July last. Superintendent Odeneal defines the boundaries of the tract of country selected by him for the proposed reservation as follows : " Beginning at the mouth of the 'North Fork of the Malheur River; thence up said North Fork, including the waters thereof, to Castle Rock; thence in a north-westerly direction to Strawberry Butte ; thence to Soda Spring, on'the Canyon City and Camp Harney road; thence down Silvies River to Malheur Lake ; thence east to the South Fork of the Malheur River ; thence down said South Fork, including the waters thereof, to the place of beginning (to be known as Malheur Reservation), including all lands within said boundaries, excepting so much thereof as may have been granted for military or wagon-road purposes." I respectfully recommend that the tract of country embraced within the foregoing limits be set apart and reserved as an Indian reservation, and that the President be requested to issue an Executive order accordingly. It is also requested that the papers inclosed be returned to this office. Very respectfully, your obedient servant, F. A. WALKER, Commissioner. The Hon. SECRETARY OF THE INTERIOR. DEPARTMENT OF THE INTERIOR, Washington, D. C., September 12, 1872. SIR : I have the honor to transmit herewith a communication, dated the 4th instant, from the Commissioner of Indian Affairs, inclosing a report (with map) of T. B. Ode- 600 INDIAN EDUCATION AND CIVILIZATION. iieal, superintendent of Indian affairs for Oregon, and recoui mending that a reserva tion on the headwaters of the Malheur River, in the State of Oregon, the boundaries of which are set forth in the Commissioner's letter, be established for the Snake or Piute Indians. The recommendation of the Commissioner meets with the approval of this Depart ment, and I respectfully request that the President direct the same to be carried into effect. I have the honor to be, your obedient servant, W. H. SMITH, Acting Secretary. EXECUTIVE MANSION, September 12, 1872. Let the lands, which are fully described in the accompanying letter of the Commis sioner of Indian Affairs, be set apart as a reservation for the Snake or Piute Indians, as recommended in the letter of the Secretary of the Interior of this date. U. S. GRANT. EXECUTIVE MANSION, May 15, 1875. It is hereby ordered that the tract of country in Oregon, embraced within the fol lowing-described boundaries, viz, commencing at a point on the Malheur River where the range-line between ranges 39 and 40 east of the Willamette meridian intersects the same ; thence north, on said range-line, to a point due east of Strawberry Butte; thence west to Strawberry Butte; thence south-eastwardly to Castle Rock; thence to the west bank of the North Fork of the Malhuer River; thence down and with the said west bank to the Malheur River ; thence along and with the Malheur River to the place of beginning, be, and the same hereby is, withdrawn from sale or settle ment, except such lands within said boundaries as have passed or may pass to The Dalles Military Road Company, under act of Congress approved February 27, 1867 (Vol. XIV, p. 409), and to the Willamette Valley and Cascade Mountain Military Road Company, under act of Congress approved July 5, 1866 (Vol. XIV, p. 89), and the same set apart as an addition to the Malheur Indian Reservation, set apart by Executive order of September 12, 1872. U. S. GRANT. EXECUTIVE MANSION, January 28, 1876. It is hereby ordered that the tract of country in Oregon lying within the following- described boundaries, viz, beginning at a point on the right bank of the Malheur River where the range-line between ranges 38 and 39 east of the Willamette meridian inter sects the same ; thence north on said range-line to a point due east of the summit of Castle Rock; thence due west to the summit of Castle Rock; thence in a north-west erly direction to Strawberry Butte; thence to Soda Spring, on the Canyon City and Camp Harney road ; thence down Silvies Creek to Malheur Lake ; thence due east to the right bank of the South Fork of Malheur River ; thence down said right bank of the South Fork to the Malheur River; thence down the right bank of the Malheur River to the place of beginning, except such lands within these limits as have passed or may pass to The Dalles military road on the north, and Willamette Valley and Cascade Mountain military road on the south, be, and the same is hereby, withdrawn from sale and set apart for the use and occupancy of the Piute and Snake Indians, to be known as the Malheur Indian Reservation ; and that portion of the country set apart by Executive order of May 15, 1875, not embraced in the limits of the above- described tract of country, is hereby restored to the public domain. U. S. GRANT. EXECUTIVE MANSION, Washington, July 23, 1880. The Executive order dated December 5, 1872, creating the "Fort Harner Military Reservation," in Oregon, is hereby cancelled, and the lands embraced therein and as OREGON SILETZ AGENCY. 601 shown on the accompanying plat are hereby made subject to the Executive order dated September 12, 1872, establishing the Malheur Indian Reservation. The Secretary of the Interior will cause the same to be noted in the General Land Office. R. B. HAYES. EXECUTIVE MANSION, September 13, 1882. It is hereby ordered that all that part of the Malheur Indian Reservation, in the State of Oregon (set apart by Executive orders, dated March 14, 1871, September 12, 1872, May 15, 1875, and January 28, 1876), lying and being south of the fourth standard parallel south, except a tract of 320 acres, being the north half of the late military post reserve of Camp Harney, as established by Executive order of December 5, 1872 (which order was cancelled by Executive order, dated July 23, 1880, whereby the lands embraced within said reserve were made and proclaimed subject to Executive order dated September 12, 1872, establishing the boundaries of Malheur Indian Reserva tion), and all that part thereof lying and being north of said fourth standard parallel and west of the range-line (when extended) between ranges 33 and 34 east of the Willamette meridian, be, and the same is hereby, restored to the public domain. CHESTER A. ARTHUR. EXECUTIVE MANSION, May 21, 1883. It is hereby ordered that the Malheur Indian Reservation, in the State of Oregon, except a tract of 320 acres described in an Executive order dated September 13, 1882, as "the north half of the late military post reserve of Camp Harney, as established by Executive order of December 5, 1872," be, and the same is hereby, restored to the public domain, the same being no longer required for the purposes for which it was set apart. CHESTER A. ARTHUR.] i SILETZ AGENCY. [Post-office address: Toledo, Benton County, Oregon.] SILETZ RESERVATION. Hoic established. Ry unratified treaty of August II, 1855; Executive orders of November 9, 1855, and December 21, 1865 ; and act of Congress of March 3, 1875. Area and survey. It contains 225,000 acres, of which 2,000 are classed as tillable. 1 Partly surveyed. 2 Acres cultivated. The Indians have under cultivation 1,050 acres. 3 Tribes and population. The tribes living here are the Alscya, 98 ; Coquell, 114; Kusa, 73; Bogue Kiver, 53; Skoton-Shasta, 55; Sai- ustkta, Sinslaw, 85 ; Tootootna, 83 ; Umpqua, 20 ; and 13 others. Total population, 997. 4 Location." The Siletz Eeserve is located within the counties of Ben- ton and Tillamook ; bounded on the north by the Salmon Eiver, run ning south along the Pacific Coast 24 miles, having an inland width of 15 miles." 5 Most of the country is rugged and mountaiaous ; but a small portion, 2,000 acres, is tillable. Report of Indian Commissioner, 1884, p. 314. *Ibid,, p. 263. s lUd., 1886, p. 434. *Ibid., p. 296. In 1886 population was 612. (See p. 404.) 5 Hid., 1879, p. 132. 602 INDIAN EDUCATION AND CIVILIZATION. Government rations. Twenty-five per cent, of the Indians were sub- sisted by Government rations in 1884. 1 Mill and Indian employes. After long waiting the much needed saw and grist mill was started in 1876, 2 and has been kept running except, as when in 1882, it was stopped for lack of funds. The assistant engi. neer is an Indian, and there are other Indian employe's at the agency. Indian police. Established in 1878. Indian court of offences. None reported. School population, attendance, and support.* School population, as estimated in 1886 149 Boarding-school : Accommodation 86 Average attendance 64 Session (months) 10 Cost $5,777.16 Missionary work. The Methodist Church has had a mission. No mis sionary work reported for 1886. A Roman Catholic priest visits the agency once a year. 4 Siletz (originally known as Coast) Eeserve. 6 DEPARTMENT OF THE INTERIOR, November 8, 1855. SIR : I herewith submit for your approval a proposed reservation for Indians on the coast of Oregon Territory, recommended by the Commissioner of Indian Affairs and submitted to the Department by the Commissioner of the General Land Office, for the procurement of your order on the subject, in letter of the 10th September last. Before submitting the matter to you, I desired to have a more full report of the sub ject from the Indian Office, and the letter of the head of that bureau of the 29th ultimo (Report Book 9, page 54), having been received and considered, I see no objection to the conditional reservation asked for, " subject to future curtailment, if found proper," or entire release thereof should Congress not sanction the object rendering this with drawal .of the land from white settlement at this time advisable. A plat marked A, and indicating the boundaries of the reservation, accompanies the papers, and has prepared thereon the necessary order for your signature should you think fit to sanction the recommendation. I have the honor to be, very respectfully, your obedient servant, R. MCCLELLAND, Secretary. The PRESIDENT. November 9, 1855. The reservation of the land within denoted by blue-shaded lines is hereby made for the purposes indicated in letter of the Commissioner of the General Land Office of the 10th September last, and letter of the Secretary of the Interior of the 8th Novem- 'ber, 1855. FRANK'N PIERCE. DEPARTMENT OF THE INTERIOR, Washington, D. C., December 20, 1865. SIR : Pursuant to a recommendation of the Secretary of the Interior of the 8th of November, 1855, the President of the United States, by an Executive order dated the 1 Report of Indian Commissioner, 1886, p. 422., 2 Ibid., p. xciv. 3 lbid. 4 Ibid., p. 216. R Ibid., p. 357. OREGON SILETZ AGENCY. 603 9th of that month, set apart, conditionally, the tract of country on the coast of Ore gon, extending from Cape Lookout on the north to a point below Cape Perpetua on the south, as exhibited in blue on the accompanying map, for an Indian reservation. It is represented by the Oregon delegation in Congress that this reservation is un necessarily large, and that by reason of it access to the harbor of Aquina Bay by the numerous settlers in the fertile and productive valley of the Willamette is prevented. They ask for a curtailment of this reservation, so as to secure to the inhabitants of the Willamette Valley the much needed access to the coast, and for this purpose pro pose that a small and rugged portion of the reservation in the vicinity of Aquina Bay, not occupied or desired by the Indians, shall be released and thrown open to occupa tion and use by the whites. The Commissioner of Indian Affairs is of the opinion that the interests of the citi zens of Oregon will be promoted by the opening of a port of entry at Aquina Bay, and that their interest is paramount in importance to that of the Indians located in that vicinity. Concurring in the views expressed by the Hon. Messrs. Nesmith, Williams, and Henderson, and the Commissioner of Indian Affairs, I respectfully rec ommend that an order be made by you releasing from reservation for Indian pur poses and restoring to public use the portion of the said reservation bounded on the accompanying map by double red lines, and described in the communication of the Oregon delegation as follows, viz : Commencing at a point two miles south of the Siletz Agency, thence west to the Pacific Ocean ; thence south along said ocean to the mouth of the Alsea River ; thence up said river to the eastern boundary of the reser vation j thence north along said eastern boundary to a point due east of the place of beginning ; thence west to the place of beginning. I have the honor to be, very respectfully, your obedient servant, JAS. HARLAN, Secretary. The PRESIDENT. EXECUTIVE MANSION, December 21, 1865. The recommendation of the Secretary of the Interior is approved, and the tract of land within described will be released from reservation and thrown open to occu pancy and use by the citizens as other public land. ANDREW JOHNSON, President. Act of Congress, March 3, 1875. l The Secretary of the Interior be, and hereby is, authorized to remove all bands of Indians now located upon the Alsea and Siletz Indian Reservation, set apart for them by Executive order dated November 9, 1855, and restored to the public domain by Executive order of December 21, 1865, and to locate said Indians upon the following described tract of country, namely : Beginning at a point 2 miles south of the Siletz Agency ; thence west to the Pacific Ocean ; thence north, along said ocean, to the mouth of Salmon River; thence due east to the western boundary of the eighth range of townships west of the Willamette meridian ; thence south with said boundary to a point due east of the place of beginning ; thence west to the place of beginning ; which is hereby set apart as a permanent reservation for the Indians now occupying the same and to be hereafter located thereon ; and all the balance of said Alsea and Siletz Reservation is hereby thrown open to settlement under the land laws of the United States. Provided, That these Indians shall not be removed from their present reservation without their consent previously had. 1 United States Statutes, Vol. XVIII, Part 3, p. 446. 604 INDIAN EDUCATION AND CIVILIZATION. UMATILLA AGENCY. [Post-office address: Pendleton, Umatilla County, Oregon.] UMATILLA RESERVATION. Row established. By treaty of June 9, 1855, and act of Congress Au gust 5, 1882. Area. Contains 268,800 acres, of which 150,000 are classed as tillable. Acres cultivated. The Indians have 15,000 acres under cultivation. 1 Tribes. The tribes living here are the Cayuse, Walla Walla, and Umatilla. Total population, 1,065. 2 Location. Located at the headwaters of the Umatilla Eiver in Uma tilla County. One-fourth of it is mountainous and covered with timber ; the balance is prairie and rolling hills, and well watered and adapted for agricultural and grazing purposes. 3 Government rations. None reported. Mills and employes. A grist-mill. Indian police. Established in 1881. Indian court of offences. Organized in 1883. School population, attendance, and support. 4 School population, as estimated in 1886, 196. Boarding school : Accommodation 95 Average attendance 55 In session (months) 10 Cost $9,181.58 Missionary worlc. Eoman Catholic Church has a mission. SYNOPSIS OF TREATIES. Treaty with Walla Walla, Cayuse, and Umatilla lands of Indians, made at Camp Ste vens, Walla Walla Valley, Washington Territory, June 9, 1855. The following tract ceded : Beginning at the mouth of the Tocannon River, in Washington Territory, running thence up said river to its .source; thence easterly along the summit of the Blue Mountains, and on the southern boundaries of the pur chase made of the Nez Perec's Indians, and easterly along that boundary to the west, era limits of the country claimed by the Shoshonees or Snake Indians ; thence south erly along that boundary (being the waters of Powder River) to the source of Powder River, thence to the headwaters of Willow Creek, thence down Willow Creek to the Columbia River, thence up the channel of the Columbia River to the lower end of a large island below the mouth of Umatilla River; thence northerly to a point on the Yakama River, called Tohmah-luke; thence to Le Lac, thence to the White Banks on the Columbia below Priest's Rapids ; thence down the Columbia River to the junction of the Columbia and Snake Rivers; thence up the Snake River to the place of begin ning : Provided, however, That so much of the country described above as is contained in the following boundaries shall be set apart as a residence for said Indians, which tract for the purposes contemplated shall be held and regarded as an Indian reserva- 1 Report of Indian Commissioner, 1886, p. 434. 2 Ibid., p. 404. 3 Ibid., 1881, p. 149. !&?., 1886, p. xciv. OREGON UMATILLA AGENCY. 605 tion, to wit : Commencing in the middle of the channel of Urnatilla River, opposite the mouth of Wild Horse Creek ; thence np the middle of the channel of said creek to its source; thence southerly to a point in the Blue Mountains known as Lee's En campment ; thence in a line to the headwaters of Howtome Creek ; thence west to the divide hetween Howtome and Birch Creeks ; thence northerly along said divide to a point due west of the south-west corner of William C. McKay's land claim, thence east along his line to his south-east corner ; thence in a line to the place of beginning: Provided, also, That the exclusive right of taking fish in the streams running through and bordering said reservation is hereby secured to said Indians, and at all other usual and accustomed stations in common with citizens of the United States, and of erecting suitable buildings for curing the same ; the privilege of hunting, gathering roots and berries, and pasturing their stock on unclaimed lands in common with citizens is also secured to them : And provided, also, That if any band or bands of In dians, residing in and claiming any portion or portions of the country described in this article, shall not accede to the terms of this treaty, then the bands becoming parties hereunto agree to reserve such part of the several and other payments herein named, as a consideration for the entire country described as aforesaid, as shall be in the proportion that their aggregate number may have to the whole number of Indians residing in and claiming the entire country aforesaid, as consideration and payment in full for the tracts in said country claimed by them: And provided, also, That when substantial improvements have been made by any member of the bands being parties to this treaty, who are compelled to abandon them in consequence of said treaty (they), shall be valued under the direction of the President of the United States, and payment made therefor. (Art. 1.) United States agrees to pay $8,000 per annum for five years, commencing Sep tember 1, 1856 ; $6,000 per annum for the term of five years next succeeding the first five ; $4,000 per annum for the term of five years next succeeding the second five, and $2,000 per annum for the term of five years next succeeding the third five, to be ex pended under the direction of the President for their moral improvement and educa tion, buildings, farming implements, seeds, clothing, for medical purposes, providing farmers, mechanics, and for arms and ammunition. (Art. 2.) To expend the sum of $50,000 during first and second years after its ratification for the erection of buildings, purchase of teams, clothing, farming implements, tools, pay ment of employe's, and for subsisting the Indians the first year after their removal. (Art. 3.) Agrees to erect mills, schools, shops, and to purchase and keep in repair for the term of twenty years all necessary mill fixtures, tools, medicines and hospital stores, books and stationery, and furniture for employes. Agrees to employ for twenty years farmer, blacksmith, physician, mechanics, and two school-teachers. (Art. 4.) Agrees to build for the head chiefs of the Walla Walla, Cayuse, and Umatilla bands each one dwelling-house and to plough and fence 10 acres of land for each, and to pay each* $500 per annum in cash for the term of twenty years. To give to the Walla Walla chief three yoke of oxen, farm implements, tools, harness, etc. To build for the son of Pio-pio-mox-mox, one dwelling-house, farm implements, a salary for twenty years, $100 in cash per annum. Pio-pio-mox-mox secured for the term of five years the right to build and occupy house at or near mouth of Yakama River, to be used as a trading post in sale of bands of wild cattle. Sum of $10,000 to be expended for a wagon road from Powder River or Grand Round to the plain at the western base of the Blue Mountains. (Art. 5.) Land may be assigned to individuals and patents issued therefor, to be exempt from levy, sale, or forfeiture; no State to remove restriction; patent may be can celled on removal of Indians; certain headmen to have 160 acres of land. (Art. 6.) Annuities not to be taken for debts of individuals. (Art. 7.) Bands agree to be friendly, pay for depredations, not to make war, and to observe all laws. (Art. 8.) Annuities to be withheld from those drinking liquor. (Art. 9.) 606 INDIAN EDUCATION AND CIVILIZATION. Right of way for highways and railroads through reservation reserved. (Art. 10.) Treaty binding when ratified. (Art. 11. ) Proclaimed April 11, 1859. l Act of Congress, August 5, 1882. 2 The Secretary of the Interior * * * is authorized to cause to be surveyed and laid out into lots and blocks so much of the Umatilla Indian Reservation in the State of Oregon, lying and being contiguous to or in the vicinity of the town of Pendleton, as may be necessary to allow said town proper and needful extension and growth, not exceeding 640 acres. * * * The Secretary of the Interior shall cause the said lots and blocks to be appraised by three disinterested persons, to be appointed by him (Sec. 1), * * * and to be offered for sale at public auction * * * to the highest bidder. * * * Pay- 'ment shall be made as follows : One-third at the time of sale, one- third in one year, and one-third in two years; but no patent shall issue until full payment shall have been made. All * * * lands not sold at said public sale shall thereafter be sub ject to private entry at the appraised value thereof. * * * Any right heretofore acquired by the Oregon Railway and Navigation Company for right of way for a line of railway, and to lands for use and occupancy by said company for station or depot purposes, shall not be affected by this act. (Sec. 2.) . The funds arising from the sale of said lands, after deducting the expenses of the survey, appraisement, and sale of the same, shall be deposited in the Treasury of the United States to the credit of the Indians belonging on said reservation, and shall bear 5 per cent, per annum interest ; and the Secretary of the Interior shall expend from time to time, for the benefit and support of an industrial school for said Indians on said reservation, so much of the principal and accrued interest thereon as he shall see fit. (Sec. 3.) The Secretary of the Interior shall make all needful rules to carry this act into effect, and shall determine the compensation to be allowed the appraisers and surveyor for their services. (Sec. 4.) Before the Secretary of the Interior shall execute any part of the provisions of this act he shall obtain the full and free consent of the Indians upon the said reservation to the sale and disposition of the said lands in the manner and for the purpose in this act provided. (Sec. 5.) The sum of $1,500 is hereby appropriated * * * for the purpose of carrying this act into effect. (Sec. 6.) The interior lines of the laud by this act authorized to be laid out in town lots and separating the same from the lands of said reservation shall, from the date of the ap proval of said survey by the Secretary of the Interior, be and constitute the line of said reservation between the same and the town of Pendleton. (Sec. 7.) Approved August 5, 1882. An act for allotting lands in severally upon the Umatilla Reservation, etc., March 3, 1885. 3 Allotments to be : Head of a family, 160 acres ; single person over eighteen years, 80 acres ; orphan child, 80 acres ; each child under eighteen years, 40 acres. In ad dition a reasonable amount of pasture and timber land to be reserved and used in common, and 640 acres agricultural land for school and farm. A commission of three persons to ascertain number of Indians who will remain and who are entitled to take land on reservation. Also the requisite amount of laud needed as above provided, not to exceed an aggregate of 120,000 acres, the same to be in as compact a form as possible. Said commission to report said tract selected to Sec retary of the Interior, who, upon approval, shall survey and allot the same, Patents United States Statutes, Vol. XII, p. 945. *IUd., Vol. XXII, p. 297. Vol. XXIII, p. 340 OREGON WARM SPRINGS AGENCY. 607 to be issued, declaring the United States to hold the land in trust for twenty-five years, and at the end of said period convey the land in fee free of all charge or in- cumbrance whatsoever. The law of alienation and descent in Oregon to apply after delivery of patents. Any Indian who may desire to remove to any other reservation uiav do so, and not lose his right to share in the funds arising from the sale of the surplus lands on the Umatilla Reservation, and in addition the equitable value of the right to take land in severalty on said reservation, to be determined by the Secretary of the Interior and taken out of said fund; and the same shall be expended from time to time for their benefit in establishing them in their new homes in such manner as the Department shall direct. (Sec. 1.) Lands not included in the new reservation to be resurveyed, appraised, and classi fied ; improvements to be separately appraised, and no appraisement to be less than $1.25 per acre. Land to bo sold at public auction, upon specified conditions. State of Oregon to select from United States public lands in said State lands in lieu of the 16 and 36 sections contained in Umatilla Reservation herein set apart. Water right granted July 17, 1870, continued, but no additional rights to water granted. (Sec. 2.) Funds from sale of lands after deducting expenses of survey, appraisement, and sale to be deposited in United States Treasury to credit of said Indians. Amount of inter est to be provided by law. Twenty per cent, of the principal to be. used in establish ing said Indians upon their allotments ; $20,000 applied toward an industrial school. Indians pledge to compel their children between seven and fifteen years of age to at tend school. (Sec. 3.) Appropriation made to carry this act into execution and also $10,000 toward estab lishing said school. The United States to be reimbursed from sale of lauds. (Sec. 4.) Consent of a majority of male adults assembled in counsel, made by signature, needful to the execution of this act. (Sec. 5.) Secretary to carry out provisions, settle disputes concerning allotments, and com pensation to commissioners. (Sec. 6.) WARM SPRINGS AGENCY. [Post-office address: Warm Springs, Crook County, Oregon,] WARM SPRINGS RESERVATION. How established. By treaty, June 25, 1855. Area. Contains 464,000 acres, of which 3,600 are classed as tillable. Acres cultivated. The Indians have 2,500 acres under cultivation. 1 Tribes. The tribes living here are the Tenino, Warm Springs, Wasco, John Day, and Pi-Ute. Total population, 869. 2 Location. This agency is situated in Wasco County. 8 miles south of the Warm Springs Eiver. The river and agency take their name from some warm or hot springs that rise near the river and run into the same. The largest is quite a stream, and a few rods below its source it is much used as a bathing place. It would no doubt soon become a great resort for invalids were it outside of the reservation. The waters possess val uable medicinal properties, and would no doubt prove beneficial in many cases. The agency buildings stand on a level bench of land near the Shetike Eiver, a beautiful, clear, cold stream of water that rises in the Cascade Mountains, just north of Mount Jefferson. 3 The land is moun tainous and rugged. Where irrigation is practicable gardens look well. 1 Report of Indian Commissioner, 1886, p. 434. 2 Ibid., p. 406. 3 Ibid., 1880, p. 147. 608 INDIAN EDUCATION AND CIVILIZATION. The summers are hot and dry, with only occasional showers, thus burn ing up the grain crop in many places. 1 Government rations. Noi>e of these Indians subsisted by Govern ment rations in 1886. 2 Indian police. Organized in 1878 ; consists of three men. Indian court of offences. Organized in 1884. School population, attendance, and support.^ School population, as estimated in 1886 193 Boarding and day school : Accommodation 60 Average attendance 42 Session (months) 11 Cost $4,791.16 Sinemasho boarding and day school : Accommodation _,. 40 Average attendance ,. 30 Session (months) , 11 Cost $4,742.50 Missionary work. The United Presbyterian Church has charge of the missionary work. SYNOPSIS OF TREATIES. Treaty with the confederated bands of Walla Wallas and Wascoes of middle Oregon, made at Wasco, Oregon, June 25, 1855. Tribes cede the following tract : Beginning at the Cascade Falls, Columbia River ; thence southerly to the Cascade Mountains ; along their summit to the forty-fourth parallel of north latitude ; east on that line to the Blue Mountains, or the western boundary of the Shoshone country ; north along that boundary to a point due east from the headwaters of Willow Creek ; thence west to the waters of said creek, and down the said stream to the Columbia, and thence to the place of beginning. The following tract within the ceded country to be set apart as a reservation until otherwise directed by the President : Beginning at the Deschutes, opposite the Mut ton Mountains; thence west to the summit; along the divide to its connection with the Cascade Mountains; thence to the summit; southerly to Mount Jefferson; thence down the main branch of the Deschutes River to its junction "with the Deschutes River ; thence down the middle channel to the place of beginning. Said bands agree to remove and settle on said reservation within one year. Should the three princi pal bands of Walla Wallas desire some other reservation they may select one person from each band who, with the Superintendent of Indian Affairs, may choose other selections, which shall be declared a reservation for said Indians. No white person to reside thereon. Exclusive right to fish in streams running through and bordering reservations secured to Indians, and at all other accustomed stations in connection with citizens of the United States. Also erecting houses for curing the fish. Also privilege of hunting, gathering roots and berries, and pasturing stock on unclaimed land in common with citizens. If any band claiming portions of the land herein ceded shall not agree to this treaty, then the bands being party thereto shall receive such part of payments herein pro vided as shall be in the proportion that their aggregate number may bear to the whole number of Indians claiming the said country. Any Indian compelled to aban- 1 Report of Indian Commissioner, 1882, p. 146. 2 Ibid., 1886, p. 422. *Ibid., p. xciv. OREGON WARM SPRINGS AGENCY. 609 don substantial improvements in consequence of this treaty, said improvements shall be valued and payment made therefor, or improvements of equal value made on tracts herein provided. (Art. 1.) The sum of $100,000 paid as follows : Eight thousand dollars per annum for five years, beginning September 1, 1856; $6,000 per annum for the five following years; $4,000 for the next five years ; $2,000 per annum for the next five years. Said money to be expended under the direction of the President for the education, opening farms, agricultural implements, clothing, provisions, etc. (Art. 2.) An additional sum of $50,000 for the erection of buildings, opening farms, purchase of teams, implements, and subsisting the Indians the first year after removal. (Art. 3.) United States also agrees to erect saw-mill, flouring-mill, hospital, school-house, blacksmith shop, with tin and gunsmith shop, wagon and plow maker shop, and fur nish the same, and also erect dwelling for employe's. Also to pay for the services for fifteen years of farmer, blacksmith, wagon and plow maker, and for twenty years for physician, sawyer, miller, superintendent, and school teacher. Also to erect four dwelling-houses for the chiefs of the confederated bands ; to fence and break for each chief 10 acres ; and to pay head chief $500 per annum for twenty years. The person succeeding to this office during the period named to have the benefit of the provisions herein made for the head chief. (Art. 4.) President may cause whole or part of reservation to be surveyed and assign to single person over twenty-one 40 acres ; family of two, 60 acres ; family of three, 80 acres ; family of six to ten, 120 acres ; over ten, 20 acres for each three additional members. President to provide rules and regulations for descent of property ; may issue a patent conditioned that the tract shall not be aliened or leased for a longer term than two years, to be exempt from levy, sale, or forfeiture until the restriction shall be removed with the consent of Congress when a State legislature shall have been formed. Any one neglecting his land, the President may revoke patent for the same. (Art. 5.) Annuities not to be taken for private debts. (Art. 6.) Bands acknowledge their dependence and promise to commit no depredations or make war on other Indians, except in self-defence, and to submit all difficulties to the United States. (Art. 7.) Any one introducing or using intoxicating liquors his an nuities to be withheld at option of President. (Art. 8.) Roads and railroads to have right of way whensoever, in the opinion of the President, the public interest may require it. Treaty binding when ratified. (Art. 9.) Proclaimed April 18, 1859. l Supplementary treaty with the confederated tribes and bands of middle Oregon, made at Warm Springs Agency, Oregon, November 15, 1865. The rights secured tinder article 1 of the treaty of June 25, 1855, to fish, erect houses, hunt game, gather roots and berries upon lands without the reservation hereby relinquished, it having become evident that it is detrimental to the interests of the Indians and the whites. (Art. 1.) The tribes covenant and agree to remain upon the reservation subject to the laws of the United States and regulations of the Indian Department and control of the officers thereof, and to pursue and return any members who shall attempt to leave the reservation. (Art. 2.) When necessary for any In dian to go beyond the borders of the reservation, the agent at his discretion to give such Indian a written pass, always for a short period and expiration definitely fix?d on said paper. Any Indian having a pass who shall remain for a longer period than the time named in said pass shall be deemed to have violated this treaty the same as if he or she had gone without a pass. (Art. 3.) Any infraction of this treaty shall subject the Indian to a deprivation of his or her share of annuities and such other punishment as the President may direct. (Art. 4.) In consideration of the relin- quishment of rights herein enumerated, $3,500 to be expended in teams, agricultural United States Statutes at Large, Vol. XII, p. 963. S. Ex. 95 39 610 INDIAN EDUCATION AND CIVILIZATION. implements, eed, and other articles for the advancement of the tribe in agriculture and civilization. (Art. 5. ) United States to allot to each head of family in said tribe or band a tract of land sufficient for his or her use. Possession guaranteed and se cured to said family and heirs forever. (Art. 6. ) Any Indian known to drink or possess ardent spirits to be reported to the agent, with the name of the person of whom the liquor was obtained, that they may be lawfully punished. (Art. 7.') Proclaimed March 28, 1867. 1 UTAH TERRITORY. For earlier history, see Colorado. Organized as a Territory Septem ber 9, 1850. 2 The Indians residing here are about the same as when the country came into the possession of the United States. There are two reservations, containing an aggregate area of 3,Q72,480 acres. Indian population on reservation, 2,216 ; not on reservations, 585 ; total Indian population, 2,801. There are two agencies, the Ouray Agency, having the Uncompahgre Reservation in charge, and the Uintah Agency, having in charge the Uintah Eeservation. FINTAH AGENCY. [Post-office address: White Kocks, Utah, via Green River City, Wyo.] UINTAH VALLEY RESERVATION. How established. By Executive order, October 3, 1861 ; act of Con gress approved May 5, 1864. 3 Area and survey. Contains 2,039,040 acres, of which 320,000 are classed as tillable. 4 Out-boundaries surveyed; interior partly sur veyed. 5 Acres cultivated. The Indians have under cultivation 200 acres. 6 Tribes and population. The tribes living here are the Gosi Ute, Pavant Uintah, Yampa, and Grand Kiver Ute. Total population, 1 ,064. 7 Location. "This reservation consists of a table-land 6,300 feet above sea level, sloping gradually towards the south. The canons on the outskirts of the reservation produce plenty of wood and timber for the use of the agency and for the Indians. 8 Government rations. Sixty per cent, of these Indians subsisted by Government rations in 1884. 9 Mills and Indian employes. Mills established in 1872. No employe's reported. Indian police. Established in 1878. Indian court of offences. None reported. 1 United States Statutes at Large, Vol. XIV, p. 751. 2 Ibid., Vol. IX, p. 453. 3 Report of Indian Commissioner, 1882, p. 289, and United States Statutes at Large, Vol. XIII, p. 63. 4 Report of Indian Commissioner, 1884, p. 316. 6 Ibid., p. 264. *Ibid., 1886, p. 434. . 7 Ibid., p. 406. Ibid., 1883, p. 139. Ibid., 1886, p. 422. UTAH UINTAH AGENCY. 611 School population, attendance, and support. School population, as estimated in 1886 * 125 Agency boarding-school : Accommodation 20 Average attendance - 10 Agency day-school, accommodation 30 Session (months) 8 Cost to Government 1 $1,651.70 Missionary work. No missionary work reported. Uintah Valley Reserve. 2 DEPARTMENT OP THE INTERIOR, Washington, October 3, 1861. SIR : I have the honor herewith to submit for your consideration the recommenda tion of the Acting Commissioner of Indian Affairs, that the Uintah Valley, in the Ter ritory of Utah, be set apart and^reserved for the use and occupancy of Indian tribes. In the absence of an authorized survey (the valley and surrounding country being as yet unoccupied by settlements of our citizens), I respectfully recommend that you order the entire valley of the Uintah Eiver within Utah Territory, extending on both sides of said river to the c rest of the first range of contiguous mountains on each side, to be reserved to the United States and set apart as an Indian reservation. Very respectfully, your obedient servant, CALEB B. SMITH, Secretary. The PRESIDENT. EXECUTIVE OFFICE, October 3, 1861. Let the reservation be established, as recommended by the Secretary of the Interior. A. LINCOLN. (See acts of Congress, approved May 5, 1864, 13 Stats. 63, and June 18, 1878, 20 Stats. 165.) SYNOPSIS OF ACT OF CONGRESS. 3 An act to vacate and sell the present Indian reservations in Utah Territory, and to settle the Indians of said Territory in the Uinta Valley, May 5, 1864. SEC. 1. The Secretary of the Interior is authorized and required to cause to be surveyed and sold the several Indian reservations hitherto made and occupied as such in the Territory, excepting Uinta Valley, the avails of the sales to be devoted to the Indian service in Utah. SEC. 2. The superintendent of Indian affairs for Utah is authorized and required to collect and settle all or so many of the Indians of Utah as may be found practica ble in the Uiuta Valley, which is hereby set apart for the permanent settlement and exclusive occupation of such different tribes of said Territory as may be induced to inhabit the same. SEC. 3. For the purpose of making agricultural improvements for the comfort of the Indians and to enable them to become self-supporting by agriculture, the sum of $30,000 is appropriated, to be expended under the direction of the Secretary of the Interior. Report of Indian Commissioner, 1886, p. xcviii. *Ibid., p. 358. 3 United States Statutes at Large, Vol. XIII, p. 63, 612 INDIAN EDUCATION AND CIVILIZATION. OUBAY AGENCY. [Post-office address: Same as Uintah Agency.] TJNCOMPAHGRE RESERVATION. How established. By Executive order, January 5, 1882. Area and survey. Contains 1,933,440 acres. 1 Tillable acres not re ported. Acres cultivated.~The Indians have under cultivation 90 acres. 2 Tribes and population. The tribe living here is the Tabequache Ute. Population, 1,250. 3 Location. "This agency is located at the junction of Green and White Eivers, near the western line of the reservation, 33 miles south-east of Fort Thornburg, and 160 miles from the nearest railroad or telegraph station." 4 Government rations. Sixty per cent, of these Indians subsisted by Government rations, as reported, in 1 886. 5 Mills and employe's. None reported. Indian police. None reported. Indian court of offences. None reported. School population, attendance, and support. School population as es timated in 1884 was 250. No school provided. Missionary work. -There has been no missionary work done here ex cept by the Mormons. The Unitarians are very anxious. Uncompahgre Beserve. EXECUTIVE MANSION, January 5, 1882. It is hereby ordered that the following tract of country in the Territory of Utah, be, and the same is hereby, withheld from sale and set apart as a reservation for the Uncom pahgre Utes, viz : "Beginning at the south-east corner of township 6 south, range 25 east, Salt Lake meridian ; thence west to the south-west corner of township 6 south, range 24 east ; thence north along the range line to the north-west corner of said township 6 south, range 24 east ; thence west along the first standard parallel south of the Salt Lake base-line to a point where said standard parallel will, when extended, intersect the eastern boundary of the Uintah Indian Reservation, as established by C. L. Du Bois, deputy surveyor, under his contract dated August 30, 1875 ; thence along said boundary south-easterly to the Green River ; thence down the west bank of Green River to the point where the southern boundary of the said Uintah Reser vation, as surveyed by Du Bois, intersects said river ; thence north-westerly with the southern boundary of said reservation to the point where the line between ranges 16 and 17 east of Salt Lake meridian will, when surveyed, intersect said southern bound ary ; thence south between said ranges 16 and 17 east Salt Lake meridian to the third standard parallel south ; thence east along said third standard parallel to the eastern, boundary of Utah Territory ; thence north along said boundary to a point due east of the place of beginning; thence due west to the place of beginning." 6 1 Report of Indian Commissioner, 1884, p. 264. *Ibid., 1886, p. 434. *IUd., p. 298. 4 lUd., 1882, p. 148. 6 Ibid., 1886, p. 422. For treaties in which these In dians took part see synopsis of Ute treaties Colorado. Report of Indian Com missioner, 1882, p. 289. CHAPTER XX. INDIAN EESEEVATIONS OF WASHINGTON TEEEITOEY. Organized as a Territory March 2, 1853. 1 The act establishing the Territory provided that the Government right to regulate Indian laws, property, and rights by treaty, law, or other wise should remain competent. Also provided "that the title to land not exceeding 640 acres, now occupied as missionary stations among the Indian tribes in said Territory, or that may have been so occupied as missionary stations prior to the. passage of the act establishing the Ter ritorial government of Oregon, together with the improvements thereon, be, and is hereby, confirmed and established to the several religious societies to which said missionary stations respectively belong." The same conditions which affected Oregon were potent in this Ter ritory. The disputed boundary line between the United States and Great Britain retarded the progress of the Indians for a time. Few changes have taken place in the Indian population, although many tribes have suffered from wars and difficulties incident to the settling up the country with white people. There are seventeen reservations, containing an aggregate area of 4,107,558 acres. The Indian population on reservations is 7,688 ; not on reservations, 2,210 ; total Indian population, 9,888. There are six agencies : The Colville Agency, having in charge the Colville, the Spokane, and the Cceur d'Alene Eeservations, the latter being in Idaho j the Neah Bay Agency, having in charge the Makah Eeservation; Quinaielt Agency, having in charge the Quinaielt and the Shoalwater Eeservations ; the Nisqually and S'Kokomish Agency, hav ing in charge the Chehalis, Msqually, Puyallup, S'Kokomish, and Squaxin Island Eeservations ; the Tulalip Agency, having in charge the Lummi, Muckleshoot, Port Madison, Tulalip, and Swinomish Eeserva tions; and the Takamar Agency, having in charge the Takama Eeser- vation. COLYILLE AGENCY. [Post-office address: Chewelah, Stevens County, Wash. Ter.] COLVILLE EESERVATION. Row established. By Executive orders April 9 and July 2, 1872. Area and survey. Contains 2,800,000 acres. 2 Acres not reported separately. 1 United States Statutes, Vol. X, p. 172. 3 Report of Indian Commissioner, 1384, p. 264. 613 614 INDIAN EDUCATION AND CIVILIZATION. Acres cultivated. The Indians have 14,000 acres under cultivation. 1 Tribes and population. The tribes living here are the Cceur d'Alene, 487; Colville, 670; Calispel,400; Kinckane,- 5 Lake,333; Methow,315; Nespelims, ; Pend d'Oreille, 5 San Poel, 400 5 and Spokane, 685. Total population is 3,290. 2 Location. This reservation proper, including the Colville Valley, was set apart by Executive order of April 9 7 1872, and with the reservation the majority of the non-treaty Indians east of The Cascades in this Ter ritory were much pleased. But without consulting their interests, and even without their knowledge, the Government, being deceived as to the true state of affairs, was induced to change the reservation by Exec utive order of July 6, 1872, to the west and north of the Columbia, east of the Chenagan, and bounded on the north by British Columbia as now constituted. The lands of this reservation are mostly a conglomeration of barren, rocky mountains. It contains much agricultural land, neces sitating irrigation for the raising of wheat and other grains. 3 The res ervation is situated on the east side of the Columbia Eiver, between Kettle Falls and the mouth of the Spokane Eiver. 4 Government rations. No Government rations reported for the subsist ence of these Indians. Mills and employes. Established. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support. 6 School population of the agency, including all reservations, 900. School. Accommo dation. Average attend ance. Session. Cost. Colville, boys' boarding (contract) 50 32 Months. 12 $3 414 91 Colville, girls' boarding (contract) 90 44 12 4 582 26 Cceur d' Alene, boys' boarding (contract) 200 54 12 5 902 92 Coeur d' Alene, girls' boarding (contract) 100 51 12 5 629 77 Missionary work. In charge of the Eoman Catholics. Colville Eeserve. 6 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., April 8, 1872. SlR : I have the honor to invite your attention to the necessity for setting apart by Executive order of a tract of country hereinafter described, as a reservation for the following bands of Indians in Washington Territory, not parties to any treaty, viz : The Methow Indians, numbering 316 The Okanagan Indians, numbering 340 The San Poel Indians, numbering 538 1 Report of Indian Commissioner, 1884, p. 316. 2 Ibid., p. 298. *Ibid., 1876, p. 132. *Ibid., 1882, p. 152. * Ibid., 1886, p. xcviii. 6 Ibid., p. 369. WASHINGTON TERRITORY COLVILLE AGENCY. The Lake Indians, numbering 230 The Colville Indians, numbering 631 The Calispel Indians, numbering 420 The Spokane Indians, numbering 725 The Cceur d'Alene Indians, numbering 700 And scattering bands ........ 300 Total _ 4,200 * * * Excluding that portion of the tract of country referred to found to be in the British possessions, the following are the natural boundaries of the proposed reserva tion, which I have the honor to recommend to be set apart by the President for the Indians in question, and such others as the Department may see fit to settle thereon, viz : Commencing at a point on the Columbia where the Spokane River empties in the same ; thence up the Columbia River to where it crosses the forty-ninth parallel north latitude ; thence east with said forty-ninth parallel to where the Pend d'Oreille, or Clark, River crosses the same ; thence up the Pend d'Oreille, or Clark, River to where it crosses the western boundary of Idaho Territory, the one hundred and sev enteenth meridian west longitude ; thence south, along said one hundred and seven teenth meridian, to where the Little Spokane River crosses the samej thence south westerly with said river to its junction with the Bi g Spokane River ; thence down the Big Spokane River to the place of beginning. The papers hereinbefore referred to are respectfully submitted herewith. Very respectfully, your obedient servant, F. A. WALKER, Commissioner. The SECRETARY OF THE INTERIOR. DEPARTMENT OP THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., April 9, 1872. SIR : I have the honor to submit herewith a communication, dated the 8th instant, from the Commissioner of Indian Affairs, and accompanying papers, representing the necessity for the setting apart, by Executive order, of a tract of country therein de scribed for certain bands of Indians in Washington Territory not parties to any treaty. The recommendation of the Commissioner in the premises is approved, and I re spectfully request that the President direct that the tract of country designated upon the inclosed map be set apart for the Indians 'referred to, and such others as this De partment may see fit to settle thereon. I am, sir, very respectfully, your obedient servant, B. R. COWEN, Acting Secretary. EXECUTIVE MANSION, Washington, April 9, 1872. It is hereby ordered that the" tract of country referred to in the within letter of the Acting Secretary of the Interior, and designated upon the accompanying map, be set apart for the bands of Indians in Washington Territory named in communication of the Commissioner of Indian Affairs, dated the 8th instant, and for such other Indians as the Department of the Interior may see fit to locate thereon. U. S. GRANT. EXECUTIVE MANSION, Washington, July 2, 1872. It is hereby ordered that the tract of country referred to in the within letter of the Commissioner of Indian Affairs as having been set apart for the Indians therein named by Executive order of April 9, 1872, be restored to the public domain, and thac in lieu 616 INDIAN EDUCATION AND CIVILIZATION. thereof the country bounded on the east and south by the Columbia River, on the west by the Okanagan Eiver, and on the north by the British possessions, be, and the same is hereby, set apart as a reservation for said Indians, and for such other Indiana as the Department of the Interior may see fit to locate thereon. U. S. GRANT. SPOKANE RESERVATION. How established. By Executive order, January 18, 1881. Area and survey. Contains 153,600 acres; 1 tillable acres not re ported. Acres cultivated. Acres cultivated, not reported separately. Tribes and population. The tribe living here is the Spokane. Total population, 324. 2 Location. -This reservation lies near the mouth of the Spokane Eiver, and is a piece of land some 20 miles long and 8 wide. " It con sists of good grazing land, but poqr farming land, owing to the early frosts, which have nearly every year destroyed part, if not all, of their crops, which made it necessary for me last winter (1885-86) to purchase supplies to keep them from starving." Nothing reported concerning these Indians separately from Colville Agency (see Colville Eeservation). [Special Field Orders No. 8. 3 ] HEADQUARTERS DEPARTMENT OP THE COLUMBIA, IN THE FIELD, SPOKANE FALLS, WASH., September 3, 1880. Whereas in consequence of a promise made in August, 1877, by E. C. Watkins, in spector of the Interior Department, to set apart, or have set apart, for the use of the Spokane Indians the following described territory, to wit: Commencing at the mouth of Cham-a-kane Creek, thence north 8 miles in direction of said creek, thence due west to the Columbia River, thence along the Columbia and Spokane Rivers to the point of beginning the Indians are still expecting the Executive order in their case, and are much disturbed by the attempts of squatters to locate land within said limits : It is hereby directed that the above described territory, being still unsur- veyed, be protected against settlement by other than said Indians until the survey shall be made, or until further instructions. This order is based upon plain necessity to preserve the peace until the pledge of the Government shall be fulfilled, or other arrangements accomplished. The commanding officers of Forts Cceur d'Al&ne and Colville and Camp Chelan are charged with the proper execution of this order. By command of Brigadier-General Howard. H. H. PIERCE, First Lieutenant Twenty-first Inf antry, Acting Aid-de-Camp. EXECUTIVE MANSION, January 18, 1881. It is hereby ordered that the following tract of land, situated in Washington Ter ritory, be, and the same is hereby, set aside and reserved for the use and occupancy of the Spokane Indiana, namely: Commencing at a point where Chemekane Creek crosses the forty-eighth parallel of latitude j thence down the east bank of said creek to where it enters the Spokane River ; thence across said Spokane River westwardly 1 Report of Indian Commissioner, 1886, p. 390. 2 Ibid., p. 406. *Ibid., p. 370. WASHINGTON TERRITORY COLVILLE AGENCY. 617 along the southern bank thereof, to a point where it enters the Columbia River; thence across the Columbia River, northwardly along its western bank to a point where said river crosses tho said forty-eighth parallel of latitude, thence east along said parallel to the place of beginning. R. B. HAYES. COLUMBIA RESERVATION. How established. By Executive orders, April 19, 1879, March 6, 1880, and February 23, 1883. (See Indian appropriation act of July 4, 1884, United States Statutes, 23, p. 79.) Executive order May 1, 1886. Area and survey. See Executive order, May 1, 1886. 1 Acres cultivated. During the past year 400 acres have been fenced in and fully one-half cultivated. 2 Tribes and population. Chief Moses and his people. Population about 200. 3 Location. This reservation lies in the Nespelim, which is a beautiful valley situated in the southern part of the Colville Eeserve. The peo ple are industrious, and will in time, if care and attention are shown them, grow to be a prosperous and self-supporting tribe. 4 The mills and school-house, erected according to agreement for Moses and his band, do credit to the contractors. The saw-mill contains the latest improved machinery, and when full force of water is used will cut out 8,000 feet of lumber per day. The grist-mill, at the time of inspec tion, made some very fine flour. Tonasketfs mills, situated on Prairies Creek, are built upon the same plan as Moses's, and when finished will also be very fine mills. The Indians have to-day as good mills as can be found in the country. The school-house now being erected is a very fine building, and will accommodate one hundred children. No school statistics given, and no missionary work reported. 5 Columbia, or Moses, Reserved EXECUTIVE MANSION, April 19, 1879. It is hereby ordered that the tract of country in Washington Territory lying within the following-described boundaries, viz : Commencing at the intersection of the forty- mile limits of the branch line of the Northern Pacific Railroad with the Okinakane River; thence up said river to the boundary line between the United States and British Columbia ; thence west on said boundary line to the forty-fourth degree of longitude west from Washington ; thence south on said degree of longitude to its in tersection with the 40-mile limits of the branch line of the Northern Pacific Rail road; and thence with the line of said 40-mile limits to the place of beginning, be, and the same is hereby, withdrawn from sale and set apart as a reservation for the permanent use and occupancy of Chief Moses and his people, and such other friendly Indians as may elect to settle thereon with his consent and that of the Sec retary of the Interior. R. B. HAYES. 1 Report of Indian Commissioner, 1886, p. 231. * Ibid. 3 Ibid. 4 Ibid. . 234. ^ Ibid., p. 361. 618 INDIAN EDUCATION AND CIVILIZATION. EXECUTIVE MANSION, March 6, 1880. It is hereby ordered that the tract of country ID Washington Territory lying within the following-described boundaries, viz: Commencing at a point where the south boundary line of the reservation created for Chief Moses and his people by Executive order dated April 19, 1879, intersects the Okinakane River ; thence down said river to its confluence with the Columbia River ; thence across and down the east bank of said Columbia Eiver to a point opposite the river forming the outlet to Lake Chelan ; thence across said Columbia River and along the south shore of said outlet to Lake Chelan; thence following the meanderings of the south bank of said lake to the mouth of She- hekin Creek ; thence up and along the south bank of said creek to its source ; thence due west to the forty-fourth degree of longitude west from Washington ; thence north along said degree to the south boundary of the reservation created by Executive order of April 19, 1879 ; thence along the south boundary of said reservation to the place of beginning, be, and the same is hereby, withdrawn from sale and settlement and set apart for the permanent use and occupancy of Chief Moses and his people, and such other friendly Indians as may elect to settle thereon with his consent and that of the Secretary of the Interior, as an addition to the reservation set apart for said Chief Moses and his people by Executive order dated April 19, 1879. E. B. HAYES. EXECUTIVE MANSION, February 23, 1883. It is hereby ordered that the tract of country in Washington Territory lying within the following-described boundaries, viz : Commencing at the intersection of the forty- fourth degree of longitude west from Washington, with the boundary line between the United States and British Columbia; thence due south 15 miles; thence due east to the Okinakane River ; thence up said river to the boundary line between the United States and British Columbia ; thence west along said boundary line to the place of beginning, being a portion of the country set apart for the use of Chief Moses and his people by Executive orders of April 19, 1879, and March 6, 1880, be, and the same is hereby, restored to the public domain. CHESTER A. ARTHUR. Agreement of July 7, 1883. In the conference with Chief Moses and Sar-sarp-kin, of the Columbia Reservation, and Tonasket and Lot, of the Colville Reservation, had this day, the following was substantially what was asked for by the Indians: Tonasket asked for a saw and grist-mill, a boarding-school to be established at Buonaparte Creek to accommodate one hundred pupils, and a physician to reside witfi them, and $100 to himself each year. Sar-sarp-kin asked to be allowed to remain on the Columbia Reservation with his people, where they now live, and to be protected in their rights as settlers, and in addition to the ground they now have under cultivation within the limit of the 15-mile strip cut off from the northern portion of the Columbia Reservation, to be allowed to select enough more unoccupied land in several ty to make a total to Sar- sarp-kin of 4 square miles, being 2,560 acres of land, and each head of a family or male adult 1 square mile; or to move on to the Colville Reservation, if they so desire, and in case they so remove and relinquish all their claims on the Columbia Reservation, he is to receive one hundred head of cows for himself and people, and such farming implements as may be necessary. All of which the Secretary agrees they should have, and that he will ask Congress to make an appropriation to enable him to perform. The Secretary also agrees to ask Congress to make an appropriation to enable him to purchase for Chief Moses a sufficient number of cows to furnish each one of hia band with two cows ; also to give Moses $1,000 for the purpose of erecting a dwelling- house for himself; also to erect a building and maintain a school therein ; also to construct a saw-mill and grist-mill as soon as the same shall bo required for use ; also that each head of a family or male adult person shall be furnished with one wagon, WASHINGTON TERRITORY COLVILLE AGENCY. 619 one double set of harness, one grain cradle, one plow, one harrow, one scythe, one hoe, and such other agricultural implements as may be necessary. And on condition that Chief Moses and his people keep this agreement faithfully, he is to be paid in cash, in addition to all of the above, $1,000 per annum during his life. All this on condition that Chief Moses shall remove to the Colville Reservation, and relinquish all claim upon the Government for any land situate elsewhere. Further, that the Government will secure to Chief Moses and his people, as well as to all other Indians who may go upon the Colville Reservation and engage in farming, equal rights and protection alike with all other Indians now on the Col ville Reservation, and will afford him any assistance necessary to enable him to carry out the terms of this agreement on the part of himself and his people. That until he and his people are located permanently on the Colville Reservation his status shall remain as now, and the police over his people shall be vested in the military, and all money or other articles to be furnished him and his people shall be sent to some point in the locality of his people, there to be distributed as provided. All other Indians now living on the Columbia Reservation shall be entitled to 640 acres, or 1 square mile of land, to each head of family or male adult, in the possession and ownership of which they shall be guaranteed and protected. Or should they move upon the Colville Reservation within two years, they will be provided with such farming implements as may be required, provided they surrender all rights to the Columbia Reservation. All of the foregoing is upon the condition that Congress will make an appropria tion of funds necessary to accomplish the foregoing and confirm this agreement ; and also with the understanding that Chief Moses or any of the Indians heretofore men tioned shall not be required to remove to the Colville Reservation until Congress does make such appropriation, etc. H. M. TELLER, Secretary of the Interior. H. PRICE, Commissioner of Indian Affairs. MOSES, his X mark. TONASKET, his X mark. SAR-SARP-KIN, his x mark, his GEORGE x HERRING, mark. Interpreter for the Indians. J. F. SHERWOOD, Interpreter for the Government. FRANK D. BALDWIN, Captain Fifth Infantry. [From Report of Indian Commissioner, 1883, p. 70.] Act of Congress of July 4, 1884. For the purpose of carrying into effect the agree ment entered into at the city of Washington on the seventh day of July, eighteen hundred and eighty-three, between the Secretary of the Interior and the Commis sioner of Indian Affairs and Chief Moses and other Indians of the Columbia and Colville Reservations, in Washington Territory, which agreement is hereby accepted, ratified, and confirmed, including all expenses incident thereto, eighty-five thousand dollars, or so much thereof as may be required therefor, to be immediately available: Provided, That Sarsopkin and the Indians now residing on said Columbia Reservation shall elect within one year from the passage of this act whether they will remain upon said reservation on the terms therein stipulated or remove to the Colville Res ervation : And provided further, That in case said Indians so elect to remain on said 620 INDIAN EDUCATION AND CIVILIZATION. Columbia Reservation the Secretary of the Interior shall cause the quantity of land therein stipulated to be allowed them to be selected in as compact form as possible, the same when so selected to be held for the exclusive use and occupation of said Indians, and the remainder of said reservation to be thereupon restored to the public domain, and shall be disposed of to actual settlers under the homestead laws only, except such portion thereof as may properly be subject to sale under the laws relat ing to the entry of timber lands and of mineral lands, the entry of which shall be governed by the laws now in force concerning the entry of such lands. 1 [From Eeport of Indian Commissioner, 1886, pp. 362-369.] EXECUTIVE MANSION, May 1, 1886. It is hereby ordered that all that portion of country in Washington Territory with drawn from sale and settlement, and set apart for the permanent use and occupation of Chief Moses and his people and such other friendly Indians as might elect to settle thereon with his consent and that of the Secretary of the Interior, by the Executive orders dated April 19, 1879, and March 6, 1880, respectively, and not restored to the public domain by the Executive order dated February 23, 1883, be, and the same is hereby, restored to the public domain, subject to the limitations as to disposition im posed by the act of Congress, approved July 4, 1884 (23 Stats., pp. 79-80), ratifying and confirming the agreement entered into July 7, 1883, between the Secretary of the Interior and the Commissioner of Indian Affairs and Chief Moses and other Indians of the Columbia and Colville Reservations in Washington Territory. And it is hereby further ordered that the tracts of land in Washington Territory surveyed for and allotted to Sar-sarp-kin and other Indians in accordance with the provisions of said act of July 4, 1884, which allotments were approved by the Acting Secretary of the Interior April 12, 1886, be, and the same are hereby, set apart for the exclusive use and occupation of said Indians, the field-notes of the survey of said al lotments being as follows : [Allotments Nos. 1, 2, 3, and 4, in favor of Sar-sarp-kin, Cum-sloct-poose, Showder, and Jack, re spectively.] Set stone on N. bank of Sar-sarp-kin Lake for centre of S. line of claim No. 1. Run line N. 78 W. and S. 78 E. and blazed trees to show course of S. line of claim. Then run N. 12 E. (var. 22 E.) in centre of claim. At 80 chains set temporary stake and continued course. At 20 chains came to brush on right bank of Waring Creek and offset to the right 9.25 chains. Thence continued course to 65 chains and offset to right 13.25 chains to avoid creek bottom and continued course. At 80 chains set temporary stake and continued course. At 37.50 offset 4.50 chains to right to avoid creek bottom and continued course. At 55.50 chains offset to right 4.77 chains to avoid creek bottom and continued course. At 80 chains set temporary stake and continued course to 32.60 chains. Thence run S. 78 E. 8.23 chains and set stone 10 by 10 by 24 inches, for NE. corner of claim. Then retraced line N. 78 W. 12 chains and set stone 6 by 6 by 18 inches to course of N. line of claim No. 1, and S. line of claim No. 2 } and for centre point in S. line of claim No. 2 (claim No. 1, Sar-sarp-kin's, contains 2,180.8 acres). Thence run N. 12 E. 80 chains. Blazed pine 20 inches diameter on 3 sides on right bank of Waring Creek for centre of N. lino of claim No. 2, and centre of S. line of claim No. 3. Set small stories N. 78 W. and S. 78 E.to show course of said line. Thence run N. 12 E. in centre of claim No. 3. At 10.50 chains offset to right 3 chains to avoid creek bottom and continued course. At 71 chains offset to left 4.23 chains to avoid creek bottom and continued course. At 76.25 chains crossed Waring Creek, 20 links wide. At 80 chains offset to right 1.23 chains and set stone 8 by 8 by 16 inches for centre of N. line of claim No. 3, and centre of S. lime of claim No. 4. Run N. 78 W. and S. 78 E. and set stake to show course of said line. Then from centre 1 United States Statutes, Vol. XXIII, p. 79. WASHINGTON TERRITORY COLVILLE AGENCY. 621 stone offset to left 1.23 chains and run thence N. 12 E. At 28 chains offset to left 2 chains to avoid creek bottom and continued course. At 80 chains offset to right 3.23 chains and set stone 10 by 10 by 16 inches on left bank of creek for centre of N. line of claim, and set stones N. 78 W. and S. 78 E. to show course of line. f Allotment No. 5, in favor of Ka-la-witch-ka.] From large stone, with two small stoaes on top, as centre of N. line of claim near left bank of Waring Creek, about If miles down stream from claim No. 4, and about 1 mile up stream from Mr. Waring's house, run line N. 80 W. and S. 80^ E., and set small stones to show course of N. line of claim. Then run S. 9| W. (var. 22 E.), at 79.20 chains crossed Cecil Creek 15 links wide. At 80 chains blazed pine 24 inches diameter on four sides, in clump of four pines for centre of S. line of v claim. Thence run N. 80^ W. and S. 80 E., and blazed trees to show course of S. line of claim. [Allotment No. 6, in favor of Sar-sarp-kin.] From stone on ridge between Toad Coulee and Waring Creeks run N. 88 E. (var. 22 E.). At 18.50 chains enter field. At 24.50 chains enter brush. At 30.10 chains cross Waring Creek 25 links wide.' At 47.60 chains cross Waring's fence. At 65 chains set stone for corner 12 by 12 by 12 inches, from which a pine 24 inches diameter bears N. 88 E. 300 links distant. Thence N. 4 W. 10.50 chains set stone for corner 8 by 8 by 18 inches. Thence N. 16 W. At 29.20 chains pine tree 30 inches diameter in line. At 55 chains set stone for corner. Thence S. 66^ W. to junction of Toad Coulee and Waring Creeks, and continue same course up Toad Coulee Creek to 81 chains, blazed fir, 18 inches diameter on four sides for corner, standing on right bank of Toad Coulee Creek on small island. Thence S. 38 E. At 52 links cross small creek branch of Toad Coulee Creek and continued course. At 42 chains point of beginning. The above-described tract of land contains 379 acres. [Allotment No. 7, in favor of Quo-lock-ons, on the headwaters of Johnson Creek. I From pile of stone on south side of Johnson Creek Canon dry at this point 125 feet deep, about 1 chain from the west end of canon, from which a fir 10 inches diame ter bears N. 25 W. 75 links distant, run S. 55 W. (var. 22 E.). At 80 chains made stone mound for corner, from which a large limestone rock 10 by 10 by 10 bears on same course S. 55 W. 8.80 chains distant. From monument run N. 35 W. At 72.50 chains crossed Johnson brook 4 links wide, and continued course E. 80 chains. Made mound of stone, and run thence N. 55 E. 80 chains. Made stone monument and run thence S. 35 E. 80 chains to beginning. [Allotment No. 8, in favor of Nek-quel-e-kin, or Wa-pa-to John.] From stone monument on shore of Lake Chelan, near houses of Wa-pa-to John and Us-tah, run north (var. 22 E.) 10.00 chains, Wa-pa-to John's house bears west 10 links distant. 12.50 chains, Catholic chapel bears west 10 links distant. 32.50 chains, fence, course E. and W. 80.00 chains, set stake 4 inches square, 4 feet long, in stone mound for NE. corner of claim. Thence run W. 30.00 chains, cross trail, course NW. and SE. 80.00 chains, made stone monument for NW. corner of claim. Thence run S. 35.60 chains, crossed fence, course E. and W. 77.00 chains, blazed cottonwood tree 12 inches in diameter on 4 sides for corner on shore of Lake Chelan, marked W. T. on side facing lake. Lake Chelan forms the southern boundary of claim, ^hich contains about 640 acres. 622 INDIAN EDUCATION AND CIVILIZATION. [Allotment No. 9, in favor of Us-tah.] This claim is bounded on the west by Wa-pa-to John's claim, and on the south by Lake Chelan. From Wa-pa-to John's NE. corner, which is a stake in stone mound, run south 64 east (var. 22 E.) 88.56 chains, set stake in stone mound for corner of claim. Thence run S. 55.50 chains, trail, course NW. and SE. 80.00 chains, shore of Lake Chelan ; set stake in stone mound for corner of claim, which contains about 640 acres. [Allotment No. 10, in favor of Que-til-qua-soon, or Peter.] This claim is bounded on the E. by Wa-pa-to John's claim, and on the S. and W. by Lake Chelan. The field-notes of N. boundary are as follows : From NW. corner of Wa-pa-to John's claim, which is a stone monument, run W. (var 22 E.) 113.00 chains, shore of Lake Chelan. Blazed pine tree at the point 20 inches di ameter on four sides for NW. corner of claim. This claim contains about 540 acres. [Allotment No. 11, in favor of Tan-te-ak-o, or Johnny Isadore.} From Wa-pa-to John's NE. corner, which is a stake in stone mound, run W. (var. 22 E.) with Wa-pa-to John's N. boundary line to stone monument 80.00 chains, which is also a corner to Wa-pa-to John's and Peter's land. Thence on same course with Peter's N. line. 33.00 chains, made stone monument in said line for SW. corner of claim, and run thence N. (var. 22| E.). 80.00 chains, made stone monument on W. side of shallow lake of about 40 acres and continued course to 113.35 chains, made stone monument for N. corner of claim, and run thence S. 45 E. 160.00 chains, point of beginning. This claim contains 640 acres. [Allotment No. 12, in favor of Ke-up-kin, or Celesta,.! This claim is bounded on the south by Peter's and on the east by Johnny's claim. From Peter's NW. corner, which is a pine, 20 inches diameter, blazed on four sides, on shore of Lake Chelan, run E. with Peter's N. line 80.00 chains, stone monument, previously established, which is also a corner to Johnny's land. Thence N. with Johnny's land. 80.00 chains, stone monument, previously established on W. shore of shallow lake. Thence run W. (var. 22 E.). 80.00 chains. Set stake in stone mound for NW. corner of claim, from which a blazed pine 24 inches in diameter bears S. 50 W. 98 links distant. A blazed pine 20 inches diameter bears N. 45 E. 110 links distant. Thence north through open pine timber. 80.00 chains, point of beginning. [Allotment No. 13, in favor of Ta-we-na-po, or Ameno.] From Johnny's NW. corner, which is a stone monument, run S. with Johnny's line. 33.35 chains, stone monument previously established, the same being Celesta's NE. corner. Thence W. with Celesta's line 80.00 chains, stone monument previously established, the same being the NW. corner of Celesta's claim. Thence N. (var. 22 E.). 85.50 chains, small creek 4 links wide, course E. and W. 126.70 chains, made stone monument for NW. corner of claim, from which a blazed pine 12 inches in diameter bears S. 10 W. 59 links distant. Thence run S. 40^0 E. 123.00 chains, point of beginning. This claim contains 640 acres, WASHINGTON TERRITORY COLVILLE AGENCY. 623 [Allotment No. 14, in favor of Pa-a-na-wa, or Pedoi.| From NW. corner of Ameno's claim, which is a stone monument, from which a blazed pine 12 inches in diameter bears S. 10 W. 59 links distant, run N. 75 W. 43.50 chains, shore of Lake Chelan, blazed pine tree 6 inches in diameter on 4 sides for NW. corner of claim, from which a blazed pine 14 inches in diameter bears N. 45 E. 13 links distant. Thence returned to point of beginning and run S. with Ameno's line. 46.70 chains offset on right, 70.00 chains to Lake Chelan. 86.70 chains offset on right, 62.00 chains to Lake Chelan. 101.20 chains, made stone monument from which a blazed pine 30 inches in diam eter bears N. 40 W. 95 links distant, a blazed pine 30 inches in diameter bears 40 W. 72 liuks distant. Thence run W. 62.00 chains shore of Lake Chelan. Made stone monument for SW. corner of claim, from which a blazed pine 10 inches in diameter bears N. 30 links dis tant. Lake Chelan forms the western boundary of claim, which contains 640 acres. [Allotment No. 15, in favor of To-ke-sil.] From SW. corner of Pedoi's claim, which is a stone monument, from which a blazed pine 10 inches in diameter bears N. 30 links distant, run east with Pedoi's line 62.00 chains, stone monument, previously established, from which a blazed pine 30 inches diameter bears N. 40 W. 95 links distant. A blazed pine 30 inches diameter bears S. 40 W. 72 links distant, the same being Pedoi's SE, corner. Thence run south with Ameno's W. line. 25.50 chains, stake in stone mound, previously established for corner to Ameno's and Celesta's claims. Thence continued course S. with Celesta's W. line to 105.50 chains, pine tree 20 inches in diameter, on shore of Lake Chelan, pre viously blazed on four sides for corner to Peter and Celesta's claims. Thence with the shore| of lake in a north-westerly direction to point of beginning. This claim contains about 350 acres. [Allotment No. 16, in favor of La-kay-use, or Peter.] From stone monument, on bunch-grass bench, about 1 miles in a north-easterly direction from Wa-pa-to John's house, run N. 61| E. (var. 82 E. ) 51.00 chains, enter small brushy marsh. 52.50 chains, leave marsh. 56.00 chains, made stone monument for corner of claim and ran thence S. 28J E. 11.60 chains, cross small irrigating ditch small field and garden lie on right. 114.30 chains, made stone monument for corner and run thence S. 61 W. 56.00 chains, made stone monument for corner of claim and run thence N. 28 W. 114.30 chains, stone monument point of beginning. This claim contains 640 acres. [Allotment No. 17, in favor of Ma-Kai.] Field-notes of Makai's allotment on the Columbia Reservation. It is bounded OB the west by Ustah's allotment, and on the south by Lake Chelan. From Ustah's NE. corner, which is a stake in stone mound, run S. 64 E. (var. 22) 80.00 chains, built monument of stone, running thence S. 80.00 chains, to the bank of Lake Chelan, built monument of stone ; thence N. 64 W. along Lake Chelan. HO. 00 chains, to the S. E. corner of Ustah's allotment. The above-described figure contains 507.50 acres. 624 INDIAN EDUCATION AND CIVILIZATION. [AST WINE SETTLEMENT.] This settlement, consisting of three claims in the same vicinity, though not adjoin ing, is located on or near the Columbia River, about 7 miles above Lake Chelan, and about 8 miles below the mouth of the Methow River, on the Columbia Reservation. [Allotment No. 18, in favor of Scum-me-cha, or Antoine.] From stone monument about 2 miles north from the Columbia, from which a blazed fir 20 inches in diameter bears S. 80 W. 60 links distant, run S. 35| E. (var. 22 E.) 30.00 chains, summit of mountain spur, about 50 feet high. Antwine's house N. 35 E. about 20 chains distant. 80.00 chains, made stone monument for corner, from which a blazed pine 8 inches in diameter bears S. 45 W. 32 links distant. Thence run N. 55^ E. (var. 22*). 58.00 chains, bottom of dry canon 100 feet deep, course NW. and SE. 80.00 chains, made stone monument for corner about one-quarter mile from Colum bia River, and run thence N. 34^ W. 80.00 chains, made stone monument for corner and run thence S. 55 W. 80.00 chains, stone monument, point of beginning. [Allotment No. 19, in favor of Jos-is-kon, or San Pierre. 1 This claim lies about 3 miles in a north-westerly direction from Antoine's claim, and consists of a body of hay land of about 100 acres, surrounded by heavy timber. From stone monument on hillside, facing S. E., from which a blazed pine 8 inches diameter bears S. 60 E. 56 links distant, from which a blazed pine 8 inches diame ter bears west 76 links distant, run S. 23 E. (var. 22 E.) 6.50 chains, enter grass lands. 25.00 chains, leave grass lands. 80.00 chains, made stone monument for corner, from which a blazed pine 20 inches diameter bears N. 85 E. 20 links distant. A blazed pine 20 inches diameter bears N. 15 E. 27 links distant. Thence run N. 66| E. 80.00 chains, made stone monument on steep little hillside for .corner. Thence ruiiN. 23JW. 80.00 chains, made stone monument on mountain side for corner, from which a blazed pine 18 inches diameter bears N. 40 E. 105 links distant, from which a blazed pine 20 inches diameter bears S. 10 E. 127 linkjs distant. Thence run S. 66 W. along mountain side. 80.00 chains, to point of beginning. [Allotment No. 20, in favor of Charles Iswald.] This claim lies about 2 miles in a north-easterly direction from Antoine's claim. It contains no timber, but is mostly fair grazing land, with about 100 acres susceptible of cultivation. No improvements. From pine tree on right bank of Columbia River, blazed on four sides, where rocky spur 200 feet high comes down to near bank, form ing a narrow pass, from which a blazed pine 36 inches in diameter bears north 177 links distant, run S. 13 W. (var. 22 E.) 102.25 chains, made stone monument for corner on hillside in view of main trail. Thence run S. 5| W. 78.00 chains, made stone monument for corner. Thence S. i W. 25.65 chains, made stone monument on bank of Columbia River for corner. Thence with said river to point of beginning, containing 640 acres of land. The three following claims are all adjoining. They are located on or near the Columbia River, about 12 miles al^OYQ Lake Chelan, and albout 3 miles below the mouth, pf the Metjiow River, WASHINGTON TERRITORY COLVILLE AGENCY. 625 [Allotment No. 21, in favor of In-perk-skin, or Peter No. 3.] From pine 12 inches diameter blazed on four sides on right bank of Columbia River, from which a blazed pine 10 inches diameter bears S. 40 E. 46 links distant, run N. 69i W. (var. 22^ E.) 3.50 chains, enter corner of small field. 7.50 chains, leave field, 8.00 chains, cross trail. 80.00 chains, made stone monument for cor. on mountain side about 500 feet above river. Thence run N. 20| E. 24.00 chains, summit of rugged little mountain 700 feet high- 80.00 chains, made stone monument for corner on top of small rocky hill about 40 feet high. Thence S. 69 E. 80.00 chains, erected stone monument for corner about 15 chains from river bank. Thence S. 20f W. 80.00 chains, point of beginning. [Allotment No. 22, in favor of Tew-wew-wa-ten-eek, or Aeneas.l From NW. corner of Peter's claim, which is a stone monument on summit of small hill, run N. 20f E. (var. 22^ E.) 80.00 chains, made stone monument for corner, and run thence N. 69^ W. (var. 23 E.). 80.00 chains, made stone monument for corner, and run thence S. 20f W. (var, 22i E.). 39.00 chains, summit of steep hill 100 feet high. 80.00 chains, made stone monument for corner of claim on rolling hillside facing west. Thence S. 69i E. (var. 23i E. ). 80.00 chains, point of beginning. [Allotment No. 23, in favor of Stem-na-lux, or Elizabeth.] From NW. corner of Peter's claim, the same being the SE. corner of Aeneas's claim, which is a stone monument on top of small hill, run N. 69 W. with Aeneas's S. line (var. 22| E.) 80.00 chains, stone monument, previously established for SW. corner of Aeneas's claim. Thence N. 20f W. (var. 23 E.). 65.00 chains, summit of hill. 80.00 chains, made stone monument for corner, from which a blazed pine 24 inches diameter bears south 70 links distant. A blazed pine 24 inches diameter bears S. 20 W. 84 links distant. Thence S. 69i E. 80.00 chains, monument previously established for SW. corner of Peter's claim. Thence S. 20f E. with Peter's west line. 80.00 chains, point of beginning. The five following claims are all adjoining. They are located along the southern bank of the Methow and the western bank of ,the Columbia, on the Columbia Reser vation. [Allotment No. 24, in favor of Neek-kow-it, or Captain Joe.J From stone monument on right bank of Methow River, about three-fourth mile from its mouth, from which a pine 24 inches in diameter bears N. 37 W. on opposite bank of Methow, for witness corner to true corner, which is in centre of Methow River, op posite monument 1.50 chains distant. Run S. 37 W. (var. 22 E.) (distances given are from true corner) 7.00 chains, enter garden. 12.00 chains, leave garden. 39.00 chains, top of bench 400 feet high. S. Ex. 95 40 626 INDIAN EDUCATION AND CIVILIZATION. 116.50 chains, Canon Mouth Lake, containing about 80 acres. Set stake in stone mound on shore of lake for witness corner to true corner, which falls on side of impassable mountain beyond lake, 160 chains from point of beginning. Returned to witness corner previously set on bank of Methow, and run thence N. 53 W. 40.00 chains, onset on right 2 chains to bank of Methow, and made stone monu ment for witness to true corner, . which falls in centre of Methow, opposite monument 1 chain distant. Thence run S. 37 W. (Distances given are from true corner. ) 42.00 chains, top of bench 400 feet high. 113.00 chains, marked tree with two notches fore and aft, and blazed one tree on each side to show course of line. 115.00 chains, impassable mountain. True corner falls in course on mountainside 160 chains distant from true corner at other end of line in the Methow River. General description of boundary. From point first described in centre of Methow River S. 37 W. 160 chains ; thence N. 52 39' W. 40.20 chains ; thence N. 37 E. 160 chains to point previously described in middle of Methow ; thence with middle of Methow River to point of beginning. Claim contains 640 acres. [Allotment No. 25, in favor of Hay-tal-i-cum, or Narcisse.] From stone monument on right bank of Methow River, previously described as wit ness corner to point of beginning to survey of Captain Joe's claim, said monument being a true corner to this claim, run S. 37 W. with Captain Joe's line ^var. 22 E.) 45.60 chains, set stake in stone mound for corner, and run thence S. 53 E. 80.00 chains, set stake 8 inches square for corner; thence run N. 37 E. 73.10 chains, made stone monument for corner on right bank of Columbia. Near opposite bank of river a black rock protrudes from water. Thence with right bank of Columbia River to mouth of Methow River. Thence with right bank of Methow River to point of beginning. This claim contains 640 acres of land. [Allotment No. 26, in favor of Kleck-hum-tecks.] From stake in stone mound previously set in Captain Joe's SE. line, the same being the S W. corner to Narcisse's claim, run S. 50 E. (var. 22 E.), with Narcisse's line 80.00 chains, corner previously established, thence run S. 37 W. 80.00 chains, set stake for corner, and run thence N. 53 W. 73.80 chains, set stake marked W. C., on shore of Canon Mouth Lake, from whicli a blazed aspen, 6 inches in diameter, bears N. 5 W. 94 links distant for witness corner to true corner, which falls on line 6.50 chains further in lake, in Captain Joe's SE. line. Thence with said line N. 37 E. 80 chains to point of beginning. This claim contains 640 acres. [Allotment No. 27, in favor of ETi-at-kwa, or Mary.] From witness corner previously established on Methow, in Captain Joe's NW. line, the same being taken as a true corner to this claim, run S. 37 W. (var. 22 E.) with Captain Joe's line 80.00 chains, made stone monument for corner ; then returned on lino, and from point 1.50 chains from corner run N. 53 W. 64.00 chains, offset to left 22 chains to avoid bend in river and continued course. 80.00 chains, bank of Methow River. Made stone monument for corner, and run thence S. 37 W. 12.00 chains, top of bench 400 feet high. WASHINGTON TERRITORY COLVILLE AGENCY. 1)27 24.00 chains, foot of perpendicular basaltic cliff offset to right 2 chains. 31.50 chains, offset to left 2 chains and continued course. 40.00 chains, made stone monument and continued course. 45.00 chains, impassable mountain. True corner falls 11.50 chains further on line on side of mountain. General description by laundary.From point of beginning S. 37 W. 80 chains ; thence N. 53 W. 80 chains; thence N. 37 E. 56.50 chains to corner on Methow ; thence with right bank of Methow to point of beginning, containing about G40 acres. [Allotment ISTo. 28, in favor of Ta-tat-kein, or Tom.j From NW. corner of Mary's claim, which is a stone monument on the right bank of the Methow, run S. 27 W. (var. 22 E.) with Mary's line 40.00 chains, corner previously established, stone monument ; thence N. 53 W. 80.00 chains, made stone monument in aspen thicket for corner ; thence N. 27 E.. 106.50 chains, right bank of Methow River ; made stone monument for corner ; thence with right bank of Methow River to point of beginning. This claim contains about 640 acres. DOWNING CREEK SETTLEMENT. This settlement consists of two adjoining claims on Downing Creek, on the right bank of the Columbia River, on the Columbia Reservation, about 7 miles below the mouth of the Okinakane River, and about 3 miles above the mouth of the Methow River. k [Allotment No. 29, in favor of La-la-el que.] From stone monument on right bank of Columbia River, about one-half mile above mouth of Downing Creek, run N. 25 W. (var. 22 E.) 42.75 chains, point on hill about 500 feet high, 30 links to right of old stone mound on top of hill. 70.30 chains, large Hat-top stone 5 links to right. 80.00 chains, made stone monument for corner and run thence S. 65 W. 80.00 chains, made stone monument for corner on hillside near top of hill and run thence S. 25 E. 78.00 chains, bank of Columbia River. Made stone monument for corner. Thence with Columbia River to point of beginning. This claim contains about 640 acres. [Allotment No. 30, in favor of Snaiu-chucks.] From NE. corner of La-la-elque's claim, which is a stone monument, run N. 25 W. 80.00 chains, made stone monument for corner and run thence S. 65 W. 80.00 chains, made stone monument for corner and run thence S. 25 E. 80.00 chains, stone monument previously established, the same being La-la- elque's NW. corner ; thence N. 65 E. 80.00 chains, point of beginning. This claim contains 640 acres of land. [Allotment No. 31, in favor of Edward, near Palmer Lake, Toad Coulee. ] Commencing at a prominent rock 7* feet by 3 feet by 4 inches and unknown length, the above dimensions projecting above the surface. Running thence (var. 22 15') N. 82 E. 80 chains. At 57.70 Thorn Creek, 80 links wide, NE. At 80 set willow stake 5 inches square and 5 feet long, marked sta. 1, N. 8 W. 80 chains. A lime-juice tree 18 inchesdiarueter at 80, set basaltic stone 2 feet by 8 inches by 6 inches with monument of stone on the side of bluff on the east side of the valley, sta. 2, S. 82 W. 80 chains. At 6 chains Thorn Creek 80 links wide bears NE.; at 8 chains the Srnilkameen (Similka- 626 INDIAN EDUCATION AND CIVILIZATION. 116.50 chains, Canon Mouth Lake, containing about 80 acres. Set stake in stone mound on shore of lake for witness corner to true corner, which falls on side of impassable mountain beyond lake, 160 chains from point of beginning. Returned to witness corner previously set on bank of Methow^ and run thence N. 53 W. 40.00 chains, offset on right 2 chains to bank of Methow, and made stone monu ment for witness to true corner, . which falls in centre of Methow, opposite monument 1 chain distant. Thence run S. 37 W. (Distances given are from true corner. ) 42.00 chains, top of bench 400 feet high. 113.00 chains, marked tree with two notches fore and aft, and blazed one tree on each side to show course of line. 115.00 chains, impassable mountain. True corner falls in course on mountainside 160 chains distant from true corner at other end of line in the Methow River. General descrijrtion of boundary. From point first described in centre of Methow River S. 37 W. 160 chains ; thence N. 52 39' W. 40.20 chains ; thence N. 37 E. 160 chains to point previously described in middle of Methow ; thence with middle of Methow River to point of beginning. Claim contains 640 acres. [Allotment No. 25, in favor of Hay-tal-i-cum, or Narcisse.] From stone monument on right bank of Methow River, previously described as wit ness corner to point of beginning to survey of Captain Joe's claim, said monument being a true corner to this claim, run S. 37 W. with Captain Joe's line ^var. 22 E.) 45.60 chains, set stake in stone mound for corner, and run thence S. 53 E. 80.00 chains, set stake 8 inches square for corner; thence run N. 37 E. 73.10 chains, made stone monument for corner on right bank of Columbia. Near opposite bank of river a black rock protrudes from water. Thence with right bank of Columbia River to mouth of Methow River. Thence with right bank of Methow River to point of beginning. This claim contains 640 acres of land. [Allotment No. 26, in favor of Kleck-huin-tecks.l From stake in stone mound previously set in Captain Joe's SE. line, the same being the SW. corner to Narcisse's claim, run S. 50 E. (var. 22 E.), with Narcisse's line 80.00 chains, corner previously established, thence run S. 37 W. 80.00 chains, set stake for corner, and run thence N. 53 W. 73.80 chains, set stake marked W. C., on shore of Canon Mouth Lake, from whicli a blazed aspen, 6 inches in diameter, bears N. 5 W. 94 links distant for witness corner to true corner, which falls on line 6.50 chains farther in lake, in Captain Joe's SE. line. Thence with said line N. 37 E. 80 chains to point of beginning. This claim contains 640 acres. [Allotment No. 27, in favor of Ki-at-kwa, or Mary.] From witness corner previously established on Methow, in Captain Joe's NW. line, the same being taken as a trne corner to this claim, run S. 37 W. (var. 22 E.) with Captain Joe's line 80.00 chains, made stone monument for corner ; then returned on line, and from point 1.50 chains from corner run N. 53 W. 64.00 chains, offset to left 22 chains to avoid bend in river and continued course. 80.00 chains, bank of Methow River. Made stone monument for corner, and run thence S. 37 W. 12.00 chains, top of bench 400 feet high. WASHINGTON TERRITORY COLVILLE AGENCY. 627 24.00 chains, foot of perpendicular basaltic clift' offset to right 2 chains. 31.50 chains, oft'set to left 2 chains and continued course. 40.00 chains, made stone monument and continued course. 45.00 chains, impassable mountain. True corner falls 11.50 chains further on line on side of mountain. General descr'qrtiou by 'boundary. From point of beginning S. 37 W. 80 chains; thence N. 53 W. 80 chains; thence N. 37 E. 56.50 chains to corner on Methow; thence with right bank of Methow to point of beginning, containing about 640 acres. [Allotment No. 28, in favor of Ta-tat-kein, or Tom.J From NW. corner of Mary's claim, which is a stone monument on the right bank of the Methow, run S. 27 W. (var. 22 E.) with Mary's line 40.00 chains, corner previously established, stone monument ; thence N. 53 W. 80.00 chains, made stone monument in aspen thicket for corner ; thence N. 27 E.. 106.50 chains, right bank of Methow River; made stone monument for corner; thence with right bank of Methow River to point of beginning. This claim contains about 640 acres. DOWXIXG CREEK SETTLEMENT. This settlement consists of two adjoining claims on Downing Creek, on the right bank of the Columbia River, on the Columbia Reservation, about 7 miles below the mouth of the Okinakaue River, and about 3 miles above the mouth of the Methow River. k [Allotment No. 29, in favor of La-la-el que.] From stone monument on right bank of Columbia River, about one-half mile above mouth of Downing Creek, run N. 25 W. (var. 22 E.) 42.75 chains, point on hill about 500 feet high, 30 links to right of old stone mound on top of hill. 70.30 chains, large Hat-top stone 5 links to right. 80.00 chains, made stone monument for corner and run thence S. 65 W. 80.00 chains, made stone monument for corner on hillside near top of hill and run thence S. 25 E. 78.00 chains, bank of Columbia River. Made stone monument for corner. Thence with Columbia River to point of beginning. This claim contains about 640 acres. [Allotment No. 30, in favor of Suain-chucks.] From NE. corner of La-la-elque's claim, which is a stone monument, run N. 25 W. 80.00 chains, made stone monument for corner and run thence S. 65 W. 80.00 chains, made stone monument for corner and run thence S. 25 E. 80.00 chains, stone monument previously established, the same being La-la- elque's NW. corner ; thence N. 65 E. 80.00 chains, point of beginning. This claim contains 640 acres of land. [Allotment No. 31, in favor of Edward, near Palmer Lake, Toad Coulee. 1 Commencing at a prominent rock 7* feet; by 3 feet by 4 inches and unknown length, the above dimensions projecting above the surface. Running thence (var. 22 15') N. 82 E. 80 chains. At 57.70 Thorn Creek, 80 links wide, NE. At 80 set willow stake 5 inches square and 5 feet long, marked sta. 1, N. 8 W. 80 chains. A lime-juice tree 18 inchesdiarueter at 80, set basaltic stone 2 feet by 8 inches by 6 inches with monument of stone on the side of bluff on the east side of the valley, sta. 2, S. 82 W. 80 chains. At 6 chains Thorn Creek 80 links wide bears NE. ; at 8 chains the Srailkarneen (Similka- 628 INDIAN EDUCATION AND CIVILIZATION. meen) River, 100 links wide, bears NE. At 39, on tlie same river, bears SW. At 80 set quaking aspen stake 4 inches square, 4 feet long, marked sta. 3. S. 8 E. 80 chains to the place of beginning. The terminus. 640 acres. [Allotment No. 32, in favor of Dominec.J Commencing on a slough of the Smilkameen (Similkameen) River, on the forty-ninth parallel (the British line) set quaking aspen stake 4 inches square and 4 feet long, 18 inches in/ the earth, marked C. C., from which a pine tree 42 inches in diameter bears N. 79 45' W. 2 chains, marked C. C. B. T., facing post ; thence (var. 22 15' E.) W. 31 chains to a point from which the parallel monument bears W. 4.77 chains ; built mon ument of granite stone. S. 134 chains. At 42.50 chains a spring branch, 5 links wide, bears E. At 134 chains built monument of stone at foot of bluff. E. 61.53 chains to a balm tree, 30 inches in diameter, marked sta. 3, facing W., from which the Smilka meen (Similkameen) River bears W. 2.43 chains. N. 12 30' W. 137.43 chains. At 10 chains the Smilkameen (Similkameen) River bears SE. ; at 120 the same river W. of S. At 137.43 intersect the place ol beginning. Terminus. 620.26 acres. [Allotment No. 33, in favor of Ko-mo-dal-kiah.] Commencing on the west bank of the Okanagan (Okinakane) River at the north end of an island, set stake 4 inches square, 4 feet long, marked C. C., with mound. Running thence (var. 22 15') S. 86 45' W. 150 chains, set balm stake 4 inches square, 4 feet long, and 18 inches in the earth, with monument of washed bowlders covered with mound of earth, 4 pits, and marked sta. 1. S. 3 15' E. 42.66 chains, set balm stake 4 inches square, 4 feet long, marked sta. 2, with monument of granite stones. N. 86 45' E. 138.21 chains. A balm tree on the west bank of the Okanagan (Okina- kaue) River, marked sta. 3, facing west, the true corner falling in the Okanagan (Okinakane) River, 11.79 chains further on in the same line at the east bank of an island, N. 3 15' W. 42.66 chains, intersect the north line from which the place of be ginning bears N. 86 45' E. 11.79 the terminus. Area, 639.90 acres. [Allotment No. 34, in favor of Paul. ] Commencing at the SW. cor. (sta. 3) of Ko-mo-dal-kiah's allotment. Running thence (var. 22 15') S. 3 15' E. 42.66 chains; built monument of basaltic stone, sta. 1. N. 86 45' E. 142.87 chains intersect the Okanagau (Okinakane) River. Set balm stake 4 inches square, 4 feet long, and 18 inches in the ground, marked sta. 2. N. 9 45' W. 42.70 chains, Ko-mo-dal-kiah's bearing corner a balm tree 12 inches in diameter, marked sta. C. C. on the S. side. The terminus. Area, 599.55. [Allotment No. 35, in favor of Que-lock-us-soma.] Commencing at the SE. corner of Paul's allotment, running thence (var. 22 15') S. 86 45' W. 43.87 chains; built monument of washed granite bowlders (sta. 1). S. 3 15' E. 80 chains; built monument of washed granite bowlders (sta. 2). N. 86 45' E. 96.42 chains ; intersect the Okanagan (Okinakane) River, set balm stake 4 inches square, 4 feet long, and 18 inches in the ground, marked sta. 3; thence up the Okanagan (Okinakane) River, N. 45 30' W. 76 chains to a curve in the river. N. 3 15' W. 25 chains intersect the place of beginning. The terminus. Area, 495.47 acres. [Allotment No. 36, in favor of Se-cum-ka-nallux.J Commencing on the west bank of Okanagan (Okinakane) River at a little pine tree 4 inches in diameter; running thence down the river (var. 22 15') S. 3 W. 45.65 chains to a pine tree on the bank of the Okanagan (Okinakane) ; thence down the river N. 57 45' W. 22 chains, intersect the old Indian trail, built monument of stone. S. 15 W. 124.50 chains, to a pine tree 25 inches in diameter, marked sta. 3 ; thence N. 51 45' W. 82.75 chains ; at 22 chains a small lake 5 chains wide j at 82.75 built monu- WASHINGTON TERRITORY NEAH BAY AGENCY. 629 ment of stone, N. 50 E. 167.55 chains to the place of beginning. The terminus. Area, 637.44 acres. [Allotment No. 37, in favor of John Salla-Salla.] Commencing at the junction of Johnston Creek and the Okanagan (Okina.kane) River; thence by Johnston Creek (var. 22 15') S. 69 45' W. 40 chains; built monu ment of stone on the S. bank of Johnston <3reek, sta. 8 15' W. 91.54 chains ; built monument of basaltic stone, sta. ; N. 69 45' E. 117.50 chains to the Okanagan (Okina- kane) River ; set balm stake 4 inches square, 4 feet long, marked sta. 3; N. 45 30' W. 86.53 chains to the place of beginning, the mouth of Johnston Creek. Area, 630 acres. GROVER CLEVELAND. NEAH BAY AGENCY. [Post-office address : Neah Bay, Clallam County, Wash. Ter. J MAKAH RESERVATION. How established. By treaty of Neah Bay, January 31, 1855, 1 and Ex ecutive orders, October 26, 1872, and January 2 and October 21, 1873. Area and survey. Contains 23,040 acres, 2 of which 150 are classed as tillable. 3 Not surveyed. Acres cultivated. The Indians had 35 acres under cultivation in 1886. 3 Tribes and population. The tribes living here are the Quillehute, 523; Makah, 258; total population, 781. 4 Location. This reservation embraces Cape Flattery, at the extreme north-western corner of Washington Territory, and is a wild, bleak, stormy locality. 5 The soil is thin and sandy, almost worthless for agri culture, requiring to be fertilized every year in order to produce a crop. Government rations. Seven per cent, of these Indians subsisted by Government rations in 1886. 6 Mills and Indian employes. None reported. Indian ^)o^ce. -Established. Indian court of offences. None reported. School population, attendance, and support.* School population, as estimated in 1886, Neah Bay 94 School population, as estimated in 1886, Quillehute 68 Neah Bay boarding-school : Accommodation - 50 Average attendance -- 46 Session (months) Cost '. $5,856.73 Quillehute day school : Accommodation _ 50 Average attendance 40 Session (months) 11 Cost $961.58 Missionary work. -Protestant Episcopal Church has. had a mission. 1 United States Statutes, Vol. XII, p*. 939. 2 Report of Indian Commissioner, 1886, p. 390. *Ibid., p. 434. tribes living here are the Muckleshoot, Niskwalli, Puy allup, Shwawksnamish, Steilacoom, and five others. Location. This reservation is situated on Commencement Bay, Puget Sound, 40 miles north of Olympia, and 2 miles east of New Tacoma, on the Northern Pacific Railroad. 3 At least two-thirds of the land is very rich, suitable for agricultural use, but is all heavily timbered, except what has been cleared, and between 200 and 300 acres of tide-flats. 3 Government rations. No Indian on this reservation subsisted by Gov ernment rations. Mills and employes. Established. Indian police. Established. Indian court of offences. Established. School population, attendance, and support. School population not es timated separately from agency in 1886. Agency school population given as 331 ; Puyallup boarding accommodations, 75 ; average attend ance, 80; twelve months 7 session, and cost $10,130.53. 4 Missionary work. The Presbyterian and Roman Catholic Churches in charge. Treaty ivith Nisqually, Puyallup, Steilacoom, SquawTcsin, S'Homamish, Steh-chass, TPeek- sin, Squi-aitl, and Sa-heh-wamish tribes, made at Medicine Greek, Washington Territory, December 26, 1854. The said tribes and bands of Indians hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the lands and country oc cupied by them, bounded and described as follows : Commencing at the point on the eastern side of Admiralty Inlet known as Point Pully, about midway between Com mencement and Elliott Bays ; thence running in a south-easterly direction, following the divide between the waters of the Puyallup and Dwamish, or White, Rivers, to the summit of the Cascade Mountains ; thence southerly, along the summit of said range, to a point opposite the main source of the Skookum Chuck Creek ; thence to and down said creek to the coal mine; thence north-westerly to the summit of the Black Hills; thence northerly to the upper forks of the Satsop River; thence north easterly, through the portage known as Wilkes's Portage, to Point Southworth, on the western side of Admiralty Inlet ; thence around the foot of Vashon's Island, east erly and south-easterly, to the place of beginning. (Art. 1.) There is, however, reserved for the present use and occupation of the said tribes and bands the following tracts of land, viz : The small island called Klah-che-min, sit. uated opposite the mouths of Haminersley's and Totten's Inlets, and separated from Hartstene Island by Peale's Passage, containing about two sections of land by esti mation ; a square tract containing two sections, or 1,280 acres, on Puget's Sound, near the mouth of the She-nah-nam Creek, one mile west of the meridian line of the United States land survey, and a square tract containing two sections, or 1,280 acres, lying on the south side of Commencement Bay. (Art. 2.) 1 Report of Indian Commissioner, 1886, p. 390. 2 lbid., p. 436. *Ibid., 1880, p. 157 ; and 1877, p. 190. 4 Ibid., 1886, p. xcviii. . WASHINGTON TER. NISQUALLY AND s'lvOKOMISH AGENCY. 633 The right to take fish at all usual and accustomed grounds and stations is secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for curing, together with the privilege of hunting, gathering roots and ber ries, and pasturing their horses on open unclaimed land, but not to take shell-fish from beds cultivated by citizens. (Art. 3.) The United States agrees to pay $32,500 in diminishing instalments of the princi pal for twenty years, these sums to be expended by the President for the benefit of the Indians. (Art. 4.) A further sum of $3,250 to be paid to enable the Indians to remove upon their reservation, and to clear, fence, and break a sufficient quantity of land. (Art. 5.) The President reserves the right to remove the Indians whenever their own or the interests of the Territory may require it, to such other suitable place or places within said Territory as he may see fit, on remunerating them for all expenses and improve ments abandoned. They may also be consolidated with other tribes. At his discre tion the whole or a portion of the lands may be surveyed and allotted in severalty. (Art. 6.) Annuities not to be taken for individual debts. (Art. 7.) The Indians agree to commit no depredations on citizens, and not to make war on other tribes except in self-defence, and to submit the punishment of all offenders to the United States. (Art. 8.) Any Indian* using or bringing liquor on the reservation may have his or her pro portion of the annuities withheld for such time as the President may determine. (Art. 9.) For twenty years the Government agrees to maintain a carpenter, blacksmith, and the necessary shops, and employ a physician, who shall furnish medicine. Agricultural and industrial school to be furnished and maintained by the Govern ment for twenty years, expense not to be deducted from annuities. (Art. 10.) Tribes agree to free all slaves and not to purchase or acquire others (Art. 11), and not to trade outside of the United States (Art. 12), nor foreign Indians permitted to reside on reservation. Treaty binding when ratified. (Art. 13.) Proclaimed April 10, 1855. l Nisqually, Puyallup, and Muckleshoot Reserves.* DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, January 19, 1857. SIR: The treaty negotiated on the 29th of December, 1854, with certain bands of Nisqually, Puyallup, and other Indians of Puget's Sound, Washington Territory (arti cle 2), provided for the establishment of reservations for the colonization of Indians, as follows: First. The small island called Klah-chemin. Second. A square tract con taining two sections near the mouth of the She-nah-nam Creek. Third. Two sections on the south side of Commencement Bay. The sixth article of the treaty gives the President authority to remove the Indians from those locations to other suitable places within Washington Territory, or to con solidate them with friendly bands. So far as this office is advised a permanent settlement of the Indians has not yet been effected under the treaty. Governor Stevens has formed the opinion that the locations named in the first article of the treaty were not altogether suitable for the purpose of establishing Indian colonies. One objection was that they are not sufficiently exten sive. He reported that seven hundred and fifty Indians had been collected from the various bands for settlement. "I have the honor now to submit for your consideration and action of the President, should you deem it necessary and proper, a report recently received from Governor Stevens, dated December 5, 1856, with the reports and maps therewith, and as therein 1 United States Statutes, Vol. X, p. 1132. 2 Report of Indian Commissioner, 1886, p. 372. 634 INDIAN EDUCATION AND CIVILIZATION. stated, from which it will be observed that he has arranged a plaii of colonization which involves the assignment of a much greater quantity of laud to the Indians, under the sixth article of the treaty, than was named in the first article. He proposes the enlargement of the Puyallup Eeserve at the south end of Commencement Bay to ac commodate five hundred Indians ; the change in the location, and the enlargement of the Nisqually Reserve, and the establishment of anew location, Muckleshoot Prairie, where there is a military station that is about to be abandoned. The quantity of land he proposes to assign is not, in my opinion, too great for the settlement of the number of Indians he reports for colonization ; and as the Governor recommends the approval of these locations, and reports that the Indians assent thereto, I would respectfully suggest that they be approved by the President, my opinion be ing that, should it be found practicable hereafter to consolidate the bands for whom these reserves are intended, or to unite other bauds of Indians on the same reserves, the authority to effect such objects will still remain with the President under the sixth article of the treaty. Within the Puyallup Reserve there have been private locations, and the value of the claims and improvements has been appraised by a board appointed for that pur pose at an aggregate of $4,917. In the same connection I submit the Governor's report of August 28, 1856, which he refers to, premising that the proceedings of his conference with the Indians therein mentioned were not received here with the reporjb. Very respectfully, your obedient servant, GEO. W. MANYPENNY, Commissioner. Hon. R. MCCLELLAND, Secretary of the Interior. #. ' DEPARTMENT OF THE INTERIOR, Washington, January 20, 1857. SIR : I have the honor to transmit a communication of the 19th instant, from the Commissioner of Indian Affairs to this Department, indicating the reservations selected for the Nisqually, Puyallup, and other bands of Indians in Washington Ter ritory, and to request your approval of the same. With great respect, your obedient servant, R. MCCLELLAND, Secretary. The PRESIDENT. Approved. : . FRANKLIN PIERCE. JANUARY 20, 1857. X ; Puyallup Reserve.* (For Executive order of January 20, 1857, see "Nisqually Reserve.") DEPARTMENT OP THE INTERIOR, OFFICE INDIAN AFFAIRS, August 26, 1873. SIR : By the second article of the treaty concluded with the Nisqually and other Indians, December 26, 1854 (Statutes at Large, Vol. X, p. 1132), " a square tract con taining two sections, or 1,280 acres, lying on the south side of Commencement Bay," was set apart as a reservation for said Indians, and is known as the Puyallup Reserve. It appears from the records of this office that Governor Stevens, finding the Indians dissatisfied with the size and location of the reserve as indicated by said treaty, agreed, at a conference held with them August, 1856, to a re-adjustment of said reservation, the exterior boundaries of which were surveyed and established by his order. This was done prior to the extension of the lines of the public surveys over the surround mg and adjacent lauds. A map of the survey was transmitted by Governor Stevens to 1 Report of Indian Commissioner, 1886, p. 374. WASHINGTON TER. NISQUALLY AND S^KOKOMISH AGENCY. 635 this office, under date of December 5, 1856, giving a descriptioii of the courses aud distances of said exterior boundaries of the reserve, as taken from the field-notes of the survey on file in the office of superintendent Indian affairs, Washington Territory. This reservation, as re-adjusted and indicated 'on said map, was set apart for these Indians by Executive order dated January 20, 1857. It was intended to have this res ervation bounded oil its western side by the waters of Commencement Bay, from the south-easterly extremity of said bay, around northwardly to the north-west corner of the reservation on the southerly shore of Admiralty Inlet. The survey was thought to be made so as to give to the Indians this frontage upon the bay, with free access to the waters thereof. More recent surveys, however, develop the fact that there is land along this shore and outside the reservation, arising from an error of the surveyor in leaving the line of low-water mark, along the shore of said bay, and running a direct line to the place of beginning. In a report dated March 20, last, Superintendent Milroy calls attention to this inad vertence ; aud for the adjustment of the western boundary of said reservation, so that i t may conform to the intentions of those agreeing to the same, as well as for the com fort and wants of the Indians, he recommends the following change, viz : Instead of the direct line to the place of beginning, to follow the shore line, at low-water mark, to the place of beginning. Inasmuch as the lands proposed to be covered by this change are in part already covered by the grant to the Northern Pacific Railroad Company and by donation claims, I would respectfully recommend that the President be requested to make an order set ting apart for the use of these Indians an addition to said, Puyallup Reservation as follows, viz : All that portion of section 34, township 21 north, range 3 east, in Wash ington Territory, not already included within the limits of the reservation. This would give them a mile of water frontage directly north of Puyallup River, and free access to the waters of Commencement Bay at that point. Very respectfully, your obedient servant, H. R. GLUM, Acting Commissioner. The Hon. SECRETARY OF THE INTERIOR. DEPARTMENT OF THE INTERIOR, Washington, D. C., August 28, 1873. SIR : I have the honor to transmit herewith a copy of a communication addressed to this Department on the 26th instant, by the Acting Commissioner of Indian Affairs, relative to the extension by Executive order of the reservation in Washington Terri tory known as the Puyallup Reservation, described as follows, to wit : All that portion of section 34, township 21 north, range 3 east, in Washington Territory, not already included within the limits of the reservation. I agree with the Acting Commissioner in his views, and respectfully request that in accordance with his recommendation an Executive order be issued setting apart the tract of laud described for the purpose indicated. I have the honor to be, etc., W. H. SMITH, Acting Secretary. The PRESIDENT. EXECUTIVE MANSION, September 6, 1873. Agreeable to the recommendation of the Acting Secretary of the Interior, it is hereby ordered that the Puyallup Reservation in Washington Territory be so extended as to include within its limits all that portion of section 34, township 21 north, range 3 east, not already included within the reservation. U. S. GRANT. 636 INDIAN EDUCATION AND CIVILIZATION. NISQUALLY RESERVATION. How established. By treaty of Medicine Creek, December 26, 1854, * and Executive order January 20, 1857. Area and survey. Contains 4,717 acres, 2 of which 8.00 are classed as tillable. 3 Surveyed. 2 Acres cultivated. The Indians have under cultivation 250 acres. 3 Tribes and population. The tribes living here are the Muckleshoot, Niskwalli, Puyallup, Shwawksnamish, Stailakooin, and five others. Total population, 111. 4 Location. This reservation is situated on the Nisqually Eiver, about 5 miles from its confluence with the waters of the sound, and 15 miles east of Olympia. 5 No agency statistics of thes Indians ; no white employe's j the tribe manages its own afl'airs, has its own tribunals, and executes its own laws. It is self-supporting, and agent visits it several times a year, giving it advice. The children of the tribe attend the Chehalis and Puyallup school. The Presbyterian and Eoman Catholic Churches have missions among these people. For treaty of December 26, 1854, and Executive order of January 20, 1857, see Puyallup Keservation. SQUAXIN ISLAND RESERVATION. How established. By treaty of Medicine Creek, December 26, 1854. 1 Area. Contains 1,494 acres, 2 of which 100 are classed as tillable. 3 Acres cultivated. The Indians have under cultivation 50 acres. 3 Tribes and population. The tribes living here are the Niskwalli, Puy allup, Skwawksnamish, Stailakoom, and five others. Total popula tion, 72. 4 Location. This reservation is an island in Puget Sound, 10 miles north of Olympia. It is mostly heavily timbered and not very good land. 6 There are no agency statistics among these Indians, and no white employe's; the tribe manages its own afl'airs, has its own tribunals, and executes its laws. Members are self- supporting, agent visits them sev-. eral times a year, giving them advice, and their children attend the S'Kokomish and Chehalis school. No missionary work reported. For treaty of December 26, 1854, see Puyallup Keservation. CHEHALIS RESERVATION. Hoic established. By order of the Secretary of the Interior, July 8, 1864, and Executive order, October 1, 1886. 1 United States Statutes, Vol. X, p. 1132. - Report of Indian Commissioner, 1886, p. 390. 3 Ibid., p. 436. 4 Ibid., p. 408. 6 Ibid., 1881, p. 166 ; 1885, p. 193. /6id.,1881,p. 166. WASHINGTON TEE, NISQUALLY AND s'KOKOMISH AGENCY. 637 4 Area. Contains 4,225 acres, 1 1,000 of which are classed as tillable. 2 Surveyed. 1 Acres cultivated. The Indians have SO 2 acres under cultivation. Tribes. The tribes living here are the Klatsop, Tsihalis, and Tsinuk, Total population, 158. 3 Location. The reservation is located on the north side of and is bounded by the Chehalis Kiver, and includes the mou th of Black Eiver. The lands of this reservation are mostly rich bottom, and well adapted to agricultural purposes, but are heavily timbered except where they have been cleared for farming purposes. 4 Government rations. No Indians subsisted by Government rations in 1886. Mills and employes. No mills and no Indian employes. Indian police. Established in 1880. Indian court of offences. None reported. School population, attendance, and support. 5 Boarding school: Accommodation 60 Average attendance 40 Session (months) 12 Cost to Government . $5, 453. 56 Missionary worJc. Under charge of Presbyterian Church. Chehalis Reserved DEPARTMENT OF THE INTERIOR. OFFICE OF INDIAN AFFAIRS, May 17, 1864. SIR : I have the honor to submit for your direction in the premises sundry commu nications and papers from Superintendent Hale in reference to a proposed reservation for the Chehalis Indians in Washington Territory. The condition of these Indians has been the subject of correspondence between this office and the superintendent of Indian affairs in Washington Territory*for several years. It will be seen by Superintendent Male's letter of July 3, 1862, that the country claimed by these Indians is large, comprising some 1,500 square miles ; that they have never been treated with, but that the Government has surveyed the greater part of it without their consent and in the face of their remonstrances, and the choicest portions of their lands have been occupied by the whites without any remuneration to them, and without their consent, or having relinquished their claim or right to it. They have been thus crowded out and excluded from the use of the lands claimed by them, and those which they have heretofore cultivated for their support. This has caused much dissatisfaction, and threatens serious trouble, and they manifest a determination not to be forced from what they claim as their own country. After various propositions made to them by Superintendent Hale, looking to their removal and joint occupation of other Indian reservations, to all which they strenuously objected, they expressed a willing ness to relinquish all the lands hitherto claimed by them, provided tKey shall not be removed, and provided that a sufficient quantity of land shall be retained by them at the mouth of the Black River as a reservation. Report of Indian Commissioner, 1886, p. 390. 2 Ibid., p. 436. 3 Ibid., p. 408. 4 Ibid., 1881, p. 166. 5 Ibid., 1886, p. xcviii. The school population not estimated separately from agency in 1886. 6 Report of Indian Commissioner, 1886, p. 359. 638 INDIAN EDUCATION AND CIVILIZATION. The selection herein made in accordance with their wishes, and approved by Super intendent Hale, reduces the dimensions of their former claim to' about six sections of land, with which they are satisfied, and which selection has been submitted to this office for its approval. There seems one drawback only to this selection, and that is one private land claim that of D. Mounts which.it is proposed to purchase. The price asked is $3,500, which he considers not unreasonable. (See his communication of March 30, 1863, and accompanying papers.) There is remaining on hand of the appropriation for "intercourse with vaiious In dian tribes having no treaties with the United States" the sum of $3,980.12, a sufficient amount of which I have no doubt might appropriately be appplied for the purpose in dicated. (See United States Statutes at Large, Vol. XII, page 792.) I am of the opinion that the proposition is a fair one for the Government, and as it is satisfactory to the Indians interested, I see no objection to its approval by the De partment, especially so when it is considered that it will peaceably avert impending trouble. As recommended in the letters herewith submitted, it will also be necessary, doubt less, to make some provision for them after they shall have been assured of the quiet and permanent possession of the proposed reservation for a future home. But this may subsequently receive the attention of the Department. These Indians are represented to be in a very hopeful condition. They wish to abandon a roving life ; to establish themselves in houses, and cultivate their lands; to educate their children, and live peaceably with all. These papers are submitted for your information in considering the subject, and, if it shall commend itself to your judgment, for the approval of the proposed selection as a reservation for .these Indians and the purchase of the private land claim of D. Mounts thereon., Very respectfully, your obedient servant, WM. P. DOLE, Commissioner. Hon. J. P. USHER, Secretary of the Interior. [In closures.] Boundaries of the Chehalis Indian Reservation, as compiled from the field-notes of the public surveys in the office of the surveyor-general of Washington Territory: Be ginning at the post-corner to sections 1 and 2, 35 and 36, on the township line between townships Ko. 15 and 16 north, of range 4 west of the Willamette meridian, being the north-east corner of the reservation ; thence \vest along the township line 240 chains to the post-corner to sections 4, 5, 32, and 33 ; thence north on the line between sections 32 and 33, 26.64 chains, to the southeast corner of James H. Roundtree's donation claim; thence west along the south boundary of said claim 71.50 chains to its south west corner ; thence north on west boundary of the claim 13.10 chains ; thence west 8.50 chains to the quarter-section post on line of sections 31 and 32 ; thence north along said section line 40.00 chains to the post-corner to sections 29, 30, 31, and 32 ; thence west on line between sections 30 and 31, 25 and 36, 101.24 chains to the Chehalis River; thence up the Chehalis River with its meanderiugs, keeping to the south of Sand Island, to the post on the right bank of the river, being the corner to fractional sections 1 and 2; thence north on the line between sections 1 and 2, 73.94 chains to the place of beginning. The copy of tne field-notes in full, as taken from the record of the public surveys now on file in this office, and from which the above is compiled, is duly certified as being correct by the surveyor-general of the Territory. OFFICE SUPERINTENDENT INDIAN AFFAIRS, Olympia, Wash., December 10, 1863. The within and foregoing boundaries, as described in the notes and accompanying diagram of the proposed Chehalis Indian Reservation, are approved by me as correct, WASHINGTON TER. NISQUALLY AND s'KOKOMISH AGENCY. 639 and being in accordance with instructions given by me, the same being subject to the approval of the Commissioner of Indian Affairs. C. H. HALE, Superintendent of Indian Affairs, Washington Territory. DEPARTMENT OF THE INTERIOR, Washington, D. C., July 8, 1864. SIR: I return herewith the papers submitted with your report of the 17th May last in relation to a proposed reservation for the Chehalis Indians in Washington Territory. I approve the suggestion made in relation to the subject, and you are hereby author ized and instructed to purchase the improvements of D. Mounts, which are on the lands selected for the reservation, if it can now be done for the price named fon them, viz, $3,500, including the crops grown or growing this season upon the premises. Very respectfully, your obedient servant, J. P. USHER, Secretary. WILLIAM P. DOLE, Esq., Commissioner of Indian NOTE. D. Mounts was paid for his improvements by Superintendent Waterman, January 6, 1865. EXECUTIVE MANSION, October 1, 1886. It is hereby ordered that the following tract of country in Washington Territory, reserved for the use and occupation of the Chehalis Indians, by order of the Secretary of the Interior, dated July 8, 1864, be, and the same is hereby, restored to the public domain : Beginning at the post-corner to sections 1 and 2, 35 and 36, on the township line be tween townships Nos. 15 and 16 north, of range 4 west of the Willamette meridian, being the north-east corner of the reservation; thence west along the township line 240 chains to the post-corner to sections 4, 5; 32, and 33 ; thence north on lino between sections 32 and 33, 26.64 chains, to the south-east corner of James H. Roundtree's do nation claim; thence west along the south boundary of said claim 71.50 chains to its south-west corner ; thence north on west boundary of the claim 13.10 chains ; thence west 8.50 chains to the quarter-section post on line of (sections 31 and 32 ; tbeuce north along said section line 40.00 chains to the post-corner to sections 29, 30, 31, and 32 ; thence west on line between sections 30 and 31, 25 and 36, 101.24 chains to the Che halis River ; thence up the Chehalis River with its uieanderiugs, keeping to the south of Sand Island, to the post on the right bank of the river, being the corner to frac tional sections 1 and 2 ; thence north on the line between sections 1 and 2, 73.94 chains to the place of beginning. It is further ordered that the south half of section 3 and the north-west quarter of section 10, township No. 15 north, of range 4 west of the Willamette meridian, Wash ington Territory, be, and the same is hereby, withdrawn from sale or other disposi tion, and set apart for the use and occupation of the Chehalis Indians. GROVER CLEVELAND. S 7 KOKOMISH, OR TWANA, RESERVATION. How established. By treaty of Point-no-Poiot, January 26, 1855, 1 and Executive order, February 25, 1874. 1 United StateslStatutes, Vol. XII, p. 933. 640 INDIAN EDUCATION AND CIVILIZATION. Area and survey. Contains 4,987 acres, 1 of which 800 are classed as tillable. 2 Surveyed. 1 Acres cultivated. The Indians have under cultivation 267 acres. 2 Tribes and population. The tribes living here are the Klallam, S'Ko- koniish, and Twana. Total population, 248. 3 Location. This reservation is situated uear the mouth of the S'Koko- mish Kiver, and borders on it and the waters of Hood's Canal. It is a small reservation, and contains much waste land. 4 No agency statistics. The people are self-supporting. The school population is included in that given for the agency. *- .' ? School attendance and support. Boarding school: 6 Accommodation 40 Average attendance 40 Session (months) 10 Cost $6,067.38 Jamestown day school : 6 Accommodation 30 Average attendance 14 Session (months) 11 Cost .*. $660.00 Missionary work. The Congregational Church has charge of the mis sionary work. Treaty ivith the S'Elallams, containing the following bands or villages : Kdh~tai, Squah- quaihtl, Teh-queen, Stetehtlum, Tsohkw, Tennis, El-hwa, Pishlst, Hun-nint, Klat-la- wash, Oke-no, and also of the Sko-ko-mish, Too-an-hcoch, and Chem-a-kum, made at Point-no-Point, Washington Territory, January 26, 1855. The tribe cedes the following land : Commencing at the mouth of the Okeho River, on the Straits of Fuca; thence south-eastwardly along the westerly line of territory claimed by the Makah tribe of Indians to the summit of the Cascade Range ; thence still south-eastwardly and southerly along said summit to the head of the west branch of the Satsop River; down that branch to the main fork; thence eastwardly and fol lowing the line of lands heretofore ceded to the the United States by the Nisqually and other tribes and bands of Indians, to the summit of the Black Hills, and northeast wardly to the portage known as Wilkes's Portage ; thence north-eastwardly, and fol lowing the line of lands heretofore ceded to the United States by the Dwamish, Suquamish, and other tribes and bands of Indians to Suquamish Head ; thence north erly through Admiralty Inlet to the Straits of Fuca ; thence westwardly through said straits to the place of beginning. (Art. 1.) Six sections or 3,840 acres situated at the head of Hood's Canal were reserved ; no whites permitted to reside on same ; if neces sary roads may be run through ; compensation made for damage done ; United States can place other friendly tribe or band upon the reservation. (Art. 2.) Tribes agree to remove and settle on reservation within one year. (Art 3.) The right to fish at usual and accustomed grounds and stations is secured to said Indians in common with all citizens of the United States and of erecting temporary houses for curing. Also the privilege to hunt, gather roots and berries on open unclaimed lands, nor shall . a Report of Indian Commissioner, 1886, p. 390. 2 IUd. t p. 436. 3 Il)id,, p. 408. *Ibid-, lb'85, p. 194. WASHINGTON TER. NISQUALLY AND s'KOKOMISH AGENCY. 641 fish be taken from beds staked or cultivated by citizens. (Art. 4.) United States to p&y said bauds and tribes $60,000 in twenty annual payments in diminishing instal ments of the capital, tho money to be applied for the use and benefit of the Indians under the direction of the President. (Art. 5.) The sum of $6,000 to be expended under the direction of the President for the removal and the settlement of the Indians on the reservation. (Art. 6.) The President may when in his opinion the interest of tho Territory shall require and the welfare of the Indian be promoted, remove them to such other suitable places within the Territory as ho may see fit on remunerating them for their improvements and the expense of their removal. The President at his discretion may cause the whole or any portion of the reservation, or of such other lands as may be selected in lieu thereof, to be surveyed into lots and assign tho same to in dividuals or families subject to the same regulations as provided in article 6, treaty with Omahas of 1885. (Art. 7.) Annuities not to be taken to pay the debts of individuals. (Art. 8.) Indians acknowledge their dependence on the Government and pledge themselves to friendliness, and not to make war on other Indians but in self-defence; and to pay for any depredation committed by their number, and to surrender offenders to the United States for punishment. (Art. 9.) Annuities to be withheld from those drinking ardent spirits. (Art. 10.) United States to establish a general agency for Puget Sound within one year, and provide a blacksmith and carpenter shop, and a blacksmith, carpenter, and farmer for twenty years to instruct the Indians, and also a physician; also the United States agree to support for twenty years an agricultural and industrial school free to all children of said Indian tribes and bauds. (Art. 11.) The said Indians agree to free their slaves and not obtain others. (Art. 12,) Not to trade outside the dominion of the United States nor permit foreign Indians to reside in their midst without consent of the superintendent or agent. (Art. 13.) Treaty binding when ratified. (Art. 14.) Proclaimed April 29, 1859. l Skokomish lleserve. 2 EXECUTIVE MANSION, February 25, 1874. It is hereby ordered that there be withdrawn from sale or other disposition and set apart for the use of the S'Klallam Indians tho following tract of country on Hood's Canal, in Washington Territory, inclusive of the six sections situated at the head of Hood's Canal, reserved by treaty with said Indians January 26, 1855 (Stats, at Large, Vol. XII, p. 934), described and bounded as follows: Beginning at the mouth of the Skokoniish River; thence up said river to a point intersected by the section line be tween sections 15 and 16 of township 21 north, in range 4 west; thence north on sard line to a corner common to sections 27, 28, 33, and 34 of township 22 north, range 4 west ; thence due east to the south-west corner of the south-east quarter of the south-east quarter of section 27, the same being the south-west corner of A. D. Fisher's claim; thence with said claim north to the north-west corner of the north-east quarter of the south-east quarter of said section 27; thence east to the section line between sections 26 and 27; thence north on said line to corner common to sections 22, 23, 26, and 27 ; thence east to Hood's Canal ; thence southerly and easterly along said Hood's Canal to the place of beginning. U. S. GRANT. 1 United States Statutes, Vol. XII, p. 933. 2 Report of Indian Commissioner, 1886, p. 376. S. Ex. 96 41 642 INDIAN EDUCATION AND CIVILIZATION. QUINAIELT AGENCY. [Post-office address: Damon, Chehalis County, Wash. Ter.] QfUINAIELT RESERVATION. How established. By treaty of Olympia, July 1, 1855, and January 25, 1856, l and Executive order, .November 4, 1873. Area and survey. Contains 224,000 acres, of which 1,000 are classed as tillable. 2 Not surveyed. Acres cultivated. The Indians had 42 acres under cultivation in 1886. 3 Tribes and population. The tribes living here are the Hoh, 61 5 Queet, 85 ; and Quinaielt, 107. Total population, 253. 4 Location. The reservation lies on the Pacific Coast, about 90 miles south of Cape Flattery. The agency is 30 miles north of Gray's Harbor, at the mouth of Quinaielt River, where a landing can be effected in smooth water. 5 The land is mostly drift, composed of sand, gravel, and bowlders, and only scattering small strips along the streams can be used for agricultural purposes. 6 Government rations. Five per cent, of these Indians subsisted by Government rations in 1886. 7 Mills and Indian employes. No mills; no Indian employe's. Indian police. Established. Indian court of offences. Not established. School population , attendance, and support. 8 School population, as estimated in 1886 e 97 Boarding school : Accommodation - 30 Average attendance < 27 Session (months) 10 Cost.... $2,716.82 Queet's day school : Accommodation - - 40 Average attendance 19 Session (months) 12 Cost $536.84 Missionary work. No mission work. SYNOPSIS OF TREATY. Treaty with the Quinaielt and Quillehute Indians, made on the Quinaielt Elver, Washington Territory, July 1, 1855, and at the city of Olympia, January 25, 1856. The tribes cede the following lands : Commencing at a point on the Pacific Coast, which is the south-west corner of the lands lately ceded by the Makah tribe of Indians 1 United States Statutes, Vol. XII, p .971. 2 Report of Indian Commissioner, 1886, p. 390. 3 Ibid., p. 434. *IMd., p. 408. 5 lbid., 1860, p. 196. 6/^1873, p. 302. ''Ibid., 1886, p. 422. s lbid., p. xcviii. WASHINGTON TERRITORY QUINAIELT AGENCY. 643 to the United States, and running easterly with and along the southern boundary of the said Makah tribe to the middle of the Coast Range of mountains; thence southerly with said range of mountains to their intersection with the dividing ridge between the Chehalis and Quiuiatl Rivers; thence westerly with said ri'dge to the Pacific Coast ; thence northerly along said coast to the place of beginning. (Art. 1.) President to reserve tracts for use of these Indians in the Territory of Washington, and hereafter surveyed; no whites allowed to reside thereon without permission of the tribe or of the Indian agent. Indians agree to remove to reservation within one year. Roads may be run through reservation ; compensation to be made for damage sustained thereby. (Art. 2.$' Right to take fish in accustomed grounds secured, and to erect temporary houses for curing the same; together with privilege of hunting, gather ing roota and berries, etc., on unclaimed lands, and not to take shell-fish from beds staked by citizens. (Art. 3.) United States to pay $25,000 in following manner: First year after ratification, $2,500 ; next two years, $2,000 each ; next three years, $1,600 each; next four years, $1,300 each; next five years, $1,000 each, and for next five years, $700 each year. (Art. 4.) United States to pay $2,500 for removal. (Art. 5.) The President reserves the right to remove these Indians, whenever their own or the interests of the Territory require it, to other suitable localities within the Ter ritory, 011 remunerating them for their improvements and defraying expense of re moval, or to consolidate them with friendly Indians, in which case the annuities of all the tribes to be consolidated. (Art. 6. ) Annuities not to be taken for individual debts. (Art. 7. ) Indians agree to be friendly with citizens of United States, to pay for depredations, not to make war, and to surrender offenders against United States laws to proper authorities. (Art. 8.) Annuities to be withheld from any Indian bringing liquor into reservation, or any one drinking ardent spirits. (Art. 9.) United States agrees to establish the general agency for district of Puget Sound, within one year from ratification, and to support for twenty years an agricultural and in dustrial school for Indians, and to provide suitable instructors , also to provide a smithy and carpenter's shop, furnished with necessary tools, and to employ black smith, carpenter, and farmer for twenty years to instruct the Indians; to furnish, also, a physician, who shall furnish medicine and advice free; expenses of said school, shops, employe's, and medical attendance to be defrayed by the United States and riot deducted from their annuities. (Art. 10.) Tribes to free all slaves and not pur chase others. (Art. 11.) Indians not to trade outside of the United States, nor allow foreign Indians to reside on their reservation without consent of agent. (Art. 12.) Treaty binding when ratified. (Art. 13.) Proclaimed April 11, 1859. 1 Executive order. 2 EXECUTIVE MANSION, November 4, 1873. In accordance with the provisions of the treaty with the Quinaielt and Quillehute Indians, concluded July 1, 1855, and January 25, 1856 (Stats, at Large, Vol. XII, p. 971), and to provide for other Indians in that locality, it is hereby ordered that the follow ing tract of country in Washington Territory (which tract includes the reserve se lected by W. W. Miller, superintendent of Indian affairs for Washington Territory, and surveyed by A. C. Smith, under contract of September 16, 1861) be withdrawn from sale and set apart for the use of the Quinaielt, Quillehute, Hoh, (uit, and other tribes of fish-eating Indians on the Pacific Coast, viz: Commencing on the Pacific Coast at the south-west corner of the present reservation, as established by Mr. Smith in his survey under contract with Superintendent Miller, dated September 16, 1861 ; thence due east, and with the line of said survey, 5 miles to the south-east corner of said reserve thus established; thence in a direct line to the most southerly end of Quinaielt Lake ; thence northerly around the east shore of said lake to the north-west 1 United States Statutes, Vol. XII, p. 971. 2 Report of Indian Commissioner, 1886, p. 375. 644 INDIAN EDUCATION AND CIVILIZATION. point thereof; thence in a direct line to a point a half mile north of the Queetshee River and 3 miles above its mouth ; thence with the course of said river to a point on the Pacific Coast, at low- water mark, a half mile above the mouth' of said river; thence southerly, at low-water mark, along the Pacific to the place of beginning. U. S. GRANT. SHOALWATER RESERVATION. How established. By Executive order, September 22.J866. Area and survey. Contains 335 acres. Surveyed. 1 Acres cultivated. Not reported. Tribes and population. The tribes living here are the Shoalwater and Tsihalis. Total population not reported. Location. This reservation is situated on the Shoalwater Bay. The people find plenty of work during the oyster season on the bay, and in the fishing season on the Columbia River, and command as good wages as the whites engaged in the same occupations. 2 Executive orders EXECUTIVE MANSION, September 22, 1866. Let the tract of land as indicated on the within diagram be reserved from sale and set apart for Indian purposes, as recommended by the Secretary of the Interior in his letter of the 18th instant, said tract embracing portions of sections 2 and 3 in town ship 14 north, range 11 west, Washington Territory. ANDREW JOHNSON. TULALIP AGENCY. [Post-office address: Tulalip, Snohomish County, Wash. Ter.] SNOHOMISH (OR TULALIP) RESERVATION. How established. By treaty of Point Elliott, January 22, 1855, 4 and Executive order, December 23, 1873. Area and sitrwi/. Contains 22,490 acres, 5 2,000 of winch are classed as tillable. 6 Surveyed. 5 - V Acres cultivated. Two hundred and twenty-five acres cultivated by the Indians. 6 Tribes and population. Dwamish, Etakinur, Lummi, Snohomish, Sukwamish, and Swiwamish. Total population, 475. 7 Location. The Tulalip Keservation is situated on the north eastern shore of Part Gardner and north of the mouth of the Snohomish Eiver. Including Tulalip Bay and Quiltsehda Creek, nine-tenths of the lands thus described are covered with a heavy growth of fir and cedar tim ber, except where it has been logged in former years. The remaining one-tenth is mostly under cultivation. 8 1 Report of Indian Commissioner, 1886, p. 390. 2 Ibid., 1880, p. 162; .1882, p. 100. ., 1886, p. 376. "United States Statutes, Vol. XII, p., 927. s Report of In dian Commissioner, 1886, p. 390. 6J&id.,p.43G. 7J&zd.,p.408. s IMd., 1884, p. 169 WASHINGTON TERRITORY TULALIP AGENCY. (145 Government rations. Five per cent, of these Indians subsisted by Government rations in 1886. 1 Mills and Indian employes. A mill reported, with Indian employe's. Indian police. Established. Indian court of offences. Established. School population, attendance, and support. 2 School population, as estimated in 1886 Boarding school (contract) : Accommodation ., - 112 Average attendance . . .' 112 Session (months) . ./ Cost $10,395 Missionary ivork. The Boman Catholic Church is in charge. SYNOPSIS OF TREATY. Treaty with Dwdmish, Snqudmish, Sk-tdhl-miuh, Sam-dhmish, Srnalh-kahmish, Skope- dhmish, St-kdh-mish, Snoqudlmoo, Skai-wha-mish, N'Quentl-md-mish, Sk-tdh-le-jum, Stoluck- wha-mish, Sno-ho-mish, Skdgit, Kik-i-dllus, Swin-d-mish, Squirt -dh-mish, Sah-ku-mehu, Noo- whd-hd, Nook-wa-chdh-mish , Mee-see-qua-guilch, Cho-bah-dh-bish, and other allied and sub ordinate tribes of Indians in Washington Territory, made at Point Elliott, Washington Ter ritory, January 22, 1855. Indians cede following lands, commencing at a point on the eastern side of Admi ralty Inlet, known as Point Pulley, about midway between Commencement and Elliott Bays; thence east wardly, running along the north line of lands heretofore ceded to the United States by the Nisqually, Puyallup, and other Indians, to the sum mit of the Cascade range of mountains ; thence, northwardly, following the summit of said range to the forty-ninth parallel of north latitude ; thence west, along said parallel to the middle of the Gulf of Georgia ; thence through the middle of said gulf and the main channel through the Canal de Arro to the Straits of Fuca, and crossing the same through the middle of Admiralty Inlet to Suquamish Head ; thence south westerly, through the peninsula, and following the divide between Hood's Canal and Admiralty Inlet to the portage know as Wilkes Portage ; thence north-eastwardly, and following the line of lands heretofore ceded as aforesaid, to Point Southworth, on the western side of Admiralty Inlet, and thence round the foot of Vashon's Island east- wardly and south-ea stwardly to the place of beginning. (Art. 1. ) ludians reserved the following tract: Two sections, or 1,280 acres, surrounding the small bight at the head of Port Madison; the amount of two sections, or 1,280 acres on the north side of Hwhomish Bay and the creek emptying into the same called K wilt- seli-da, the peninsula at the south-eastern end of Perry's Island called Shais- quihl, and the island Chah-choo-sen, situated in the Lurmni River at the point of sepa ration of the mouths emptying respectively into Bellingham Bay and the Gulf of Geor gia. Said tract to be surveyed ; no whites allowed to reside upon the same without permission of the said tribes; roads may be run through ; Indians to be compensated for any-damage done thereby. (Art. 2. ) One township of laud on north-eastern shore of Port Gardner, and north of the mouth of Suohomish River, including Tulalip Bay and Kwilt-seh-da Creek, reserved for an agricultural and industrial school. (Art. 3.) Tribes agree to move to reservation within one year. (Art. 4.) Rights to take fish at accustomed grounds secured, and to erect temporary houses for curing fish ; also privilege to hunt, gather berries on unclaimed lands. (Art. 5.) United States agrees to pay $150,000 j first year after ratification, $15,000 j next two years, $12,000 Report of Indian Commissioner, 1886, p. 422. 2 Ibid., p. xcviii. 646 INDIAN EDUCATION AND CIVILIZATION. each ; next three years, $10,000 each ; next four years, $7,500 each ; next five years, $6,000 each ; and for last five years $4,250 each year. (Art. 6.) President may re move Indians, pay expenses of removal, remunerate them for improvements made ; cause lauds to be surveyed and assign them to individuals according to article 6 of Omaha treaty of 1855. (Art. 7.) Annuities not to be taken for debts of individuals. (Art. 8.) Tribes to preserve friendly relations; pay for depredations, not to make war except in self-defence, agree not to conceal offenders against laws of United States. (Art. 9.) Annuities to be withheld from those using ardent spirits. (Art. 10.) Agree to free slaves and purchase none in future. (Art. 11.) Agree not to trade outside the dominions of the United States, nor permit foreign Indians to reside on their reservation. (Art. 12.) United States to pay $15,000 for expenses of re moval and settlement. (Art. 13.) United States to establish and maintain for twenty years at general agency for district of Puget Sound an agricultural and in dustrial school, and provide instructors; also smithy and carpenter's shop, furnish necessary tools, employ blacksmith, carpenter, and farmer for twenty years ; also to employ physician, furnish medicines and advice free; expenses of school, shops, per sons employed, and medical attendance to be furnished by United States. (Art. 14.) Treaty binding when ratified. (Art. 15.) Proclaimed April 11, 1859. 1 Executive order. 12 EXECUTIVE MANSION, December 23, 1873. It is hereby ordered that the boundaries of the Snohoinish or Tulalip Indian Reser vation, in^the Territory of Washington, provided for in the third article of the treaty with the*wamish and other allied tribes of Indians, concluded at Point Elliott, Jan uary 22, 1855 (Stats, at Large, Vol. XII, p. 928), shall be as follows, to wit : Beginning at low-water mark on the north shore of Steamboat Slough at a point where the sec tion line between sections 32 and 33 of township 30 north, range 5 east, intersects the same ; thence north on the line between sections 32 and 33, 28 and 29, 20 and 21, 16 and 17, 8 and 9, and 4 and 5, to the township line between townships 30 and 31 ; thence west on said township line to low-water mark on the shore of Port Susan ; thence south-easterly with the line of low-watermark along said shore and the shores of Tulalip Bay and. Port Gardner, with all the meanders thereof, and across the mouth of Ebey's Slough to the place of beginning. U. S. GRANT. LUMMI (CHAH-CHOO-SEN) RESERVATION. How established. By treaty of Point Elliott, January 22, 1855, 3 and Executive order, November 22, 1873. Area and survey. Contains 12,312 acres, 3 7,000 of which are classed as tillable. 4 Acres cultivated. Three hundred acres cultivated by the Indians. 5 Tribes. The tribes living here are the Dwanrish, Etakinur, Lumrni, Snohomish, Sukwamish, and Swiwamish. 6 Location. This reservation is situated 75 miles north of Tulalip. Three-fourths of it is excellent agricultural land, and the people give their attention entirely to farming. 7 Government rations. Five per cent, of these Indians subsisted by Gov ernment rations in 1886. 8 No separate agency statistics given for these Indians. 1 United States Statutes, Vol. XII, p. 927. 2 Report of Indian Coramissioner, 1886, p. 376. 3 United States Statutes, Vol. XII, p. 927. 4 Report of Indian Commissioner, 1886, p. 390. 5 Ibid., p. 436. 6 Ibid., p. 408. 7 Ibid., 1884, p. 169. Ibid., 1886, p. 424. WASHINGTON TERRITORY TULA LIP AGENCY. 647 School population. No school population, nor accommodation, nor any special mission work reported for this reservation in 1886. Executive order. 1 EXECUTIVE MANSION, November 22, 1873. It is hereby ordered that the following tract of country in Washington Territory be withdrawn from sale and set apart for the use and occupation of the Dwaniish and .other allied tribes of Indians, viz : Commencing at the eastern mouth of Lunimi River ; thence up said river to the point where it is intersected by the line between sections 7 and 8 of township 38 north, range 2 east of the Willamette meridan ; thence due north on said section lino to the township line between townships 38 and 39 ; thence west along said township line to low-water mark on the shore of the Gulf of Georgia; thence southerly and easterly along the said shore, with the meanders thereof, across the western mouth of Lurumi River, and around Point Francis; thence north-easterly to the place of beginning ; so much thereof as lies south of the west fork of the Luruini River being a part of the island already set apart by the second article of the treaty with the Dwamish and other allied tribes of Indians, made and concluded January 22, 1857. (Stats, at Large, Vol. XII, p. 928.) U. S. GRANT. For treaty see Snohomish, orTulalip, Eeservation. MUCKLESHOOT RESERVATION. How established. .By Executive orders, January 20, 1857, and April 9, 1874. Area and survey. Contains 3,367 acres 2 of which 2,000 are classed as tillable. Surveyed. 3 Acres cultivated. Two hundred and twenty-five acres cultivated by the Indians. 3 Tribes and population. The tribes living here are the Muckleshoot. Location. This reservation, situated on White River, 70 miles south of Tulalip, contains very good farming and grazing land. The Muckle shoot Indians are well advanced in civilization, and many speak English understandingly ; they all wear citizen's dress, and several of them have good homes and plenty of stock. 4 Government rations. Five per cent, of these Indians subsisted by Government rations in 1886. 5 No separate agency statistics given for these Indians. School population. No school population, nor accommodation, nor any special mission work reported for this reservation in 1886. Executive order. 6 (For Executive order of January 20, 1857, relative to Muckleshoot Reserve, see N"is- qually. Reserve.) EXECUTIVE MANSION, April 9, 1874. It is hereby ordered that the following tracts of land in Washington Territory, viz : sections 2 and 12 of township 20 north, range 5 east, and sections 20, 28, and 34 of 1 Report of Indian Commissioner, 1886, p. 371. - Ibid., p. 390. 3 Ibid., p. 436. 4 Ibid., 1884, p. 169. 5 Ibid., 1886, p. 424. b Ibid., p. 372. 648 INDIAN EDUCATION AND CIVILIZATION. township 21 north, range 5 east, Willamette meridian, be withdrawn from sale or other disposition, and set apart as the Muckleshoot. Indian Reservation, for the ex- elusive use of the Indians in that locality, the same being supplemental to the action of the Department approved by the President January 20, 1857. U. S. GRANT. POET MADISON RESERVATION. How established. By treaty of Point. Elliott, January 22, 1855, 1 and order of the Secretary of the Interior, October 21, 1864. Area and survey. Contains 7,284 acres, 2 of which 135 are classed as tillable. 3 Surveyed. 4 Acres cultivated. Twenty-five acres cultivated by the Indians. 3 Tribes and population. The tribes living here are the Dwamish,Etak. mur, Lummi, Snohomish, Sukwamish, and Swiwamish. Total popula tion, 156. 4 Location. This reservation, situated 50 miles south of Tulalip, at Madison Head, is covered with a heavy growth of fir and cedar timber, which makes it very difficult to clear for agricultural purposes. The people support themselves by working in the mills and logging camps; also by fishing, hunting, and gathering berries, which they dry for win ter use. 5 Government rations. Five per cent, of these Indians subsisted by Gov ernment rations in 1886. 6 No separate agency statistics given for these Indians. School population. No school population, nor accommodations, nor any special mission work reported for this reservation in 1886. For treaty see Snohomish, or Tulalip, Reservation. Executive order. 7 OFFICE SUPERINTENDENT OF INDIAN AFFAIRS, " Olympia, Wash.. July 13. 1864. SIR: In the absence of the superintendent of Indian affairs, who is now at Fort Colville, or in that neighborhood, in the discharge of his official duty, at the request of Hon. A. A. Denny, register of the land office in this place, I would respectfully call your attention to the condition of the Indian reservation near Port Madison, con cerning the enlargement of which the superintendent addressed you about a year ago, forwarding at the same time a plat of the proposed reserve. By reference to the treaty of Point Elliott made with the Dwamish and other allied tribes of Indians January 22, 1855, it will be seen that article 2 provides for them a reservation at this point. This was soon found to be too limited, and w^hilst Gov ernor Stevens was yet superintendent of Indian affairs the Indians were promised an enlargement. That promise seems to have been renewed subsequently, but nothing definite agreed upon. Last July Seattle, the principal chief of the Seattle band, with a number of sub- chiefs and others directly interested, visited the superintendency upon this subject. At their request a thorough examination was had, the result of which was in favor of submitting their request to you, and recommending that it be granted. By refer- 1 United States Statutes, Vol. XII, p 927. 2 Report of Indian Commissioner, 1886, p. 390. 3 nid., p. 436. * Ibid., p. 408. 5 IUd., 1884, p. 169. 6 IUd., 1886, p. 424. 7 xi idt} p. 373. WASHINGTON TERRITORY TULALIP AGENCY. 641) ence to report of Agent Howe, which accompanies the last annual report of the su perintendent for the year ending June 30, 1863, it will be seen that ho is well satisfied of the absolute necessity of its enlargement. The accompanying plat shows what is proposed to be reserved, which is satisfac tory to the Indians. As there were no instructions from the Commissioner of the General Land Office, these lands could not be reserved, but were necessarily offered for sale. There being no bidders the lands are still vacant. Immediately after the public sale the superintendent gave notice of the intention of the Department to retain these lauds for the Indian reservation, and the public have so far acquiesced as not to disturb these proposed boundaries. Still, as the lands were offered at public sale under the proclamation of the President, they are now, agreeably to law, subject to private entry. Should, therefore, application be made to the register for the entry of any of these lands, he would, as matters now stand, be powerless to prevent it. The register has just addressed the Commissioner of the General Land Office on this subject. Hence the reason of my addressing you without awaiting the return of the superintendent, who may be absent for a month, and respectfully asking that such steps may at once be taken as to prevent any lauds within the proposed bound aries being sold by the register until he bo farther advised. Very respectfully, your obedient servant, GEO. F. WHITWORTH, Chief Clerk. Hon. WILLIAM P. DOLE, Commissioner of Indian Affairs, Washington. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, September 12, 18G4. SIR: I have the honor to inclose herewith for your consideration- a letter from. C. H. Hale, late superintendent of Indian affairs for Washington Territory, by his clerk, calling attention to the necessity for immediate action in order to secure certain lauds to the Indians therein mentioned, near Port Madison for an enlargement of their reservation. It appears from the report of Agent Howe, made to this office last year, that the proposed enlargement of the reservation is deemed to be advisable, and I have to re quest that you will direct that the tracts of land described in the plat inclosed in the letter of Mr. Whit worth may be reserved from sale, so that they may be set apart for the Indians for whom they are intended. Very respectfully, your obedient servant, W. P. DOLE, Commissioner. Hon. W. T. OTTO, Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, Washington, D. C., October 21, 1864. SIR: I transmit herewith a letter of the Commissioner of Indian Affairs, of the 12th ultimo, covering a communication from the chief clerk of the office of superin tendent of Indian affairs for Washington Territory, respecting the enlargement of the Port Madison Indian Reservation. Concurring with the Commissioner in his recommendation that the reserve be in creased for the benefit of the Indians referred to in the papers inclosed, you are re quested to have reserved from sale the tracts of laud indicated upon the plat herein inclosed. Very respectfully, your obedient servant, J. P. USHER, Secretary. JAMES M. EDMUNDS, Esq., Commissioner General Land Office. 650 INDIAN EDUCATION AND CIVILIZATION. SWINOMISH (PERRY'S ISLAND) RESERVATION. How established. By treaty of Point Elliott, January 22, 1855, 1 and Executive order, September 9, 1873. Area and survey. Contains 7,170 acres, 2 of which 2,000 are classed as tillable. Surveyed. 3 Acres cultivated. Two hundred and twenty-five acres cultivated by the Indians. 3 Tribes. The tribes living here are the Dwamish, Etakmur, Lurami, Snohomish, Sukwamish, and Swiwamish. 3 Location. This reservation is situated about 25 miles north of Tulalip Keservation, and occupies the peninsula on the northeast of Fidalgo Island. This reservation is about two- thirds timber-land ; the remain ing one-third is excellent farming land, especially the tide land on Swi- nomish Slough; 300 acres of this is diked. Government rations. Five per cent, of these Indians subsisted by Government rations in 1886. 4 No separate agency statistics given for these Indians. School population. No school population, nor accommodation, nor any special mission work reported for this reservation in 1886. Executive order. 5 EXECUTIVE MANSION, September 9, 1873. Agreeable to the within request of the Acting Secretary of the Interior, it is hereby ordered that the northern boundary of the Swinomish Reservation, in the Territory of Washington, shall be as follows, to wit : Beginning at low-water mark on the shore of Sim-ilk Bay at a point where the same is intersected by the north and south line bounding the east side of the surveyed fraction of 9.30 acres, or lot No. 1, in the north west corner of section 10 in township 34 north, range 2 east ; thence north on said line to a point where the same intersects the section line between sections 3 and 10 in said township and range; thence east on said section line to the south-east corner of said section 3 ; thence north on east line of said section 3 to a point where the same intersects low-water mark on the western shore of Padilla Bay. U. S. GltANT. For treaty see Snohomish, or Tulalip, Eeservation. YAK AM A AGENCY. [Post-office address: Fort Simcoe, Yakima County, Wash. Ter.] YAKAMA RESERVATION. How established. By treaty of Walla Walla, June 9, 1855. 6 Area and survey. Eight hundred thousand acres, 7 of which 250,000 are classed as tillable. Partly surveyed. 8 Acres cultivated. Eleven thousand eight hundred acres under culti vation. 8 1 United States Statutes, Vol. XII, p. 927. 2 Report of Indian Commissioner, 1886, p. 390. ? Ibid., p. 436. < Ibid., p. 4S>4. 5 IUd., p. 376. 6 United States Stat utes at Large, Vol. XII, p. 951. 7 Report of Indian Commissioner, 1886, p. 390. 8 Ibid., 1885, p. 378. WASHINGTON TERRITORY YAKAMA AGENCY. 651 Tribes and population. The tribes living here are the Bannack, Kam- ilbpah, Klikatat, Klinquit, Kowassayee, Ochechole, Palouse, Pi-utes, Seap-cat, Si-ay wa, Shyick, Skin-pah, Wenatsphain, and Yakama. Total population, 3,3r2. L Location. The reservation lies in the southern part of the Territory, the mountains forming a half circle on the west and south, their sides covered with timber. The Ahtanum, Simcoe, Topnish, Sattas, and other streams unite in the main valley. All the valleys of the streams are fertile, and the hills, covered with grass, converge towards Yakama Eiver to the north-east, and form the lower Topnish range. From the junction of the Simcoe and Topnish the land stretches east and north for more than 25 miles. The reservation is adapted to farming and grazing, and irrigation is needful to successful crops. 2 Government rations. None of these Indians subsisted by Government rations, as reported in 1885. 3 Mills and Indian employes. Mill burned in 1885. Indian police. Established. Indian court of offences. Established. School population, attendance and support.* School population, as estimated in 1886 250 Boarding school : Accommodation ' " 150 Average attendance : 110 Session (months; =. - . 10 Cost $11,343.44 Missionary worlc. Methodist Episcopal Church is in charge. SYNOPSIS OF TREATY. Treaty with the YaTcama Nation, made at Camp Stevens, Walla Walla Valley, Washington Territory, June 9, 1855. The following tribes and bands of Indians, the Yakama, Palouse, Pisquouse, Wenat- shapam, Klikatat, Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, occupying lands lying in Washington Ter ritory, are to be considered as one nation, under the name of the Yakama Nation. They cede the following tract : Commencing at Mount Rauier, thence northerly along the main ridge of the Cascade Mountains to the point where the northern tributaries of Lake Che-Ian and the southern tributaries of the Methow River have their rise ; thence south-easterly on the divide between the waters of Lake Che-Ian and the Me thow River to the Columbia River ; thence, crossing the Columbia on a true east course, to a point whose longitude is 119 10', which two latter lines separate the above con federated tribes and bands from the Oakinakane tribe of Indians ; thence, in a true south course to the forty-seventh parallel of latitude ; thence east on said parallel to the main Palouse River, which two latter lines of boundary separate the above confed erated tribes and bauds from the Spokanes ; thence down the Palouse River to its junction with the Moh-hah-ne-she, or southern tributary of the same; thence, in a southesteiiy direction, to the Snake River, at the mouth of the Tucannon River, sep arating the above confederated tribes from the Nez Perce" tribe of Indians ; thence down the Snake River to its junction with the Columbia River ; thence up the Co lumbia River to the " White Banks," below the Priest's Rapids; thence westerly to a 1 Report of Indian Commissioner, 188G, p. 408. 2 Ibid., 1882, p. 168. 3 Ibid., 1885, p. 366. 4 Ibid., 1886, p. xcviii. 652 INDIAN EDUCATION AND CIVILIZATION. lake called " La Lac" ; tlience southerly to a point on the Yakama River called Toh- mah-luke; thence, in a south-westerly direction, to the Columbia River, at the western extremity of the " Big Island/' between the mouths of the Umatilla River and But ler Creek; all which latter boundaries separate the above confederated tribes and bands from the Walla Walla, Cayuse, and Umatilla tribes and bauds of Indians ; thence down the Columbia River to midway between the mouths of White Salmon and Wind Rivers; thence along the divide between said rivers to the main ridge of the Cascade Mountains ; and thence along said ridge to the place of beginning. (Art. 1.) They reserve the following tract of land : Commencing on the Yakama River, at the mouth of the Attah-nam River; thence westerly along said Attah-nani River to the forks; thence along the southern tributary to the Cascade Mountains; thence south erly along the main ridge of said mountains, passing south and east of Mount Adams, to the spur whence Hows the waters of the Klickatat and Pisco Rivers; thence down said spur to the divide between the waters of said rivers; thence along said divide to the divide separating the waters of the Satass River from those flowing into the Columbia River; thence along said divide to the main Yakama, 8 miles below the mouth of the Satass River ; and thence up the Yakama River to the place of begin ning. No white men to be permitted to reside upon the reservation. Indian houses an lands which may have been erected and improved and which may have to be aban doned in consequence of treaty shall be paid for by the United States, or equal im provements made upon the reservation for the persons who relinquish them. No In- dian to be compelled to vacate lands ruitil such payment or improvements have been made. (Art. 2.) The right of way granted for public roads through the reservation and travel thereon and other highways secured to the Indians in common with citizens of the United States. Right to fish at all accustomed places and to erect temporary buildings for curing the same, and to hunt, gather berries, roots, etc., and pasture horses on un claimed land, reserved to Indians. (Art. 3.) United States agrees to pay $200,000 in diminishing payments of the capital for twenty years; the first $60,000 to be expended for their removal to the reservation and improvements thereon. President to determine expenditure of the money. (Art. 4.) All expenses of transporting goods for the annuity payments shall be defrayed by the United States. Agency buildings, shops, and mills to be erected and furnished, and United States to keep the same in necessary repair, and to provide persons to in struct the Indians in tlie trades ; also to furnish a hospital, keep the same in repair and provide the necessary physician, medicines, etc., for twenty years. United States also agrees to establish within a year after the ratification of this treaty two schools with necessary buildings, books, etc., one to be an agricultural and industrial school, to keep the same in repair, and to employ three teachers for the same term of .years. Kamaiakun, the head chief, to receive $500 per year for twenty years, for services to the United States and to furnish him a house and prepare 10 acres of land for a farm. (Art. 5.) President may cause reservation to be surveyed and assigned to individuals in ac cordance with the sixth article of the treaty with the Omahas. (Art. 6.) Tribes pledge themselves to be friendly to United States ; not to commit depreda tions, or to make war upon other tribes except in self-defence. To deliver up offenders for trial by United States. Should this pledge be violated by any one the property taken shall be returned, or compensation for depredations may be made out of the annuities. (Art. 8.) No Indian to drink liquor or to bring the same upon reserva tion under penalty of suspension of treaty benefits. (Art. 9.) A tract of laud 6 miles square, known as Wenatshapam Fishery, shall be reserved when the President shall so direct. (Art. 10.) Treaty binding when ratified. Proclaimed April 18, 1859. 1 1 See United States Statutes at Large, Vol. Ill, p. 951. CHAPTER XXL INDIAN EESEEVATIONS WISCONSIN AND WYOMING. WISCONSIN. Organized as a Territory April 20, 1836, 1 and admitted as a State May 29, 1848. 2 The Sac and Fox, Sioux, and a portion of the Wiiine- bago tribe that formerly inhabited this region, have been removed to Indian Territory, Dakota, and Nebraska, respectively. Only the Chip- pewa and Meuomonee Indians represent the former Indian population. The Stockbridge tribe came from western New England and the Onei- das from New York. There are seven reservations, containing an aggregate area of 586,309 acres. The Indian population on reservations is 8,069 ; not on reserva tions, 1,110; total population, 9,179. There are two agencies: The Green Bay Agency, having in charge the Meuomonee, the Oneida, and the Stockbridge Eeservations ; the La Pointe Agency, having in charge Lac Court d'Oreilles and Lac du Flambeau Eeservations ; La Pointe and Bed Cliff Eeservatious ; also Boise Fort, Deer Creek, Fond du Lac, Grand Portage, and Vermillion Lake Eeservatious, in Minnesota. GREEN BAY AGENCY. [Post-office address : Keslieua, Shawauo County, Wis.] MENOMONEE RESERVATION. Sow established. By treaties of October 18, 1848, 3 of May 12, 1854, 4 and February 11, 1856. 5 Area and survey. Contains 231,680 acres; 6 1,025 acres classed as tillable ; 7 surveyed. 6 Acres cultivated. Six hundred and eighty-five acres reported as cul tivated in 1886. 7 Tribe and population. The tribe living here is the Menomonee. Total population, 1,981. 8 Location. Is situated on the Meuomonee Eeservatiou, in Shawano County, Wisconsin, 7J miles north of the city of Shawauo, and 46J miles north-west of the city of Green Bay. The most of the reservation i United States Statutes, Vol. V, p. 10. 2 Ibid., Vol. IX, p. 233. 3 Ibid., p. 952. 4 Ibid., Vol. X, p. 1064. 5 Ibid., Vol. XI, p. 679. c Report of Indian Commis sioner, 1836, p. 391. Ubid., p. 436. *Ibid., p. 408. 653 654 INDIAN EDUCATION AND CIVILIZATION. is covered with a dense forest of pine, hemlock, maple, basswood, elm, oak, and other timber indigenous to this latitude. The soil, with the exception of two townships, which are sandy, is fertile, and well watered by numerous branches of the Wolf and Oconto Eivers, both of which streams flow through the reservation. The soil is capable of producing, when properly cultivated, large crops of wheat, rye, oats, barley, corn, potatoes, and other crops grown in this latitude. 1 Mills and Indian employes. Mills reported ; Indian employe's not re ported. Indian police. Not reported. Indian court of offences. Not reported. School population, attendance, and support.* School population, as estimated in 1886 353 Agency boarding school : j Accommodation 100 Average attendance 82 Session (months) 10 Cost $7,974.82 St. Joseph boarding school (contract) : Accommodation 150 Average attendance - 126 Session (months) , 12 Cost $10,800.00 Missionary work. The Eoman Catholic Church is in charge. SYNOPSIS OT TREATIES WIT1I THE MENOMONEE INDIANS. Treaty ivith the Menomonee Indians, made at St. Louis, March 30, 1817. Injuries forgiven. (Art. 1.) Friendship established. (Art. 2.) Cessions and trea ties with British, French, and Spanish confirmed. (Art. 3.) Prisoners delivered up. (Art. 4.) Protection of United States acknowledged. (Art. 5.) Proclaimed December 26, 1817. 3 Treaty ivith the Menomonee, Sioux, Chippewa, Sac and Fox, Iowa, Winnebago, Ottawa, Chippewa, and Pottawatomie Indians, made at Prairie des Chiens, August 19, 1825. See Sioux treaty of same date Dakota Territory. 4 Treaty ivith the Menomonee, Chippewa, and Winnebago Indians, made at Buttes des Morts, August 11, 1827. See Chippewa treaty of same date Michigan. 6 Treaty ivith the Menomonee Indians, made at Washington, February 8, 1831. Boundary of Menomonee country east of Green Bay as follows : Beginning at the south end of Winnebago Lake, south-easterly to Milwaukee River, down to its mouth; thence along the shore of Lake Michigan to the mouth of Green Bay ; thence up Green Bay, Fox River, and WinnBbago Lake to place of beginning. Boundary west of Fox River as follows : Beginning at the mouth of Fox River, down the east shore of Green Bay across its mouth, including all the islands of Grand 1 Report of Indian Commissioner, 1886, p. 249. z lbid., p. xcviii. 3 United States Statutes at Large, Vol. VII, p. 153. < Ibid., p. 272. 5 Ibid., p. 303. WISCONSIN GREEN BAY AGENCY. 655 Traverse, westerly on the highlands between Lake Superior and Green Bay to the Upper Forks of the Menomonee ; thence to Plover Portage, on the Wisconsin River; thence up the Wisconsin River to Soft Maple River and up to its source ; thence west to Plum River and down to its mouth ; thence down the Chippewa River 30 miles; thence easterly to the forks of the Manoy River, down to its mouth ; thence down the Wisconsin River to the Portage ; thence across to the Fox River, down said river to its mouth at Green Bay. Said tract to be exclusively the property of this tribe. The following tract ceded to the United States for the benefit of the New York In dians, who may remove within three years : Beginning on the west side of Fox River at the Old Mill Dam, thence north-west 40 miles ; thence north-east to Oconto Creek, down said creek to Green Bay; thence up and along said bay and Fox River to the place of beginning, excluding therefrom all private land claims confirmed and military reservations. Tract contains in all about 500,000 acres, and includes all im provements made by New York Indians on the west side of Fox River. This reserva tion to be for the home of all those New York Indians residing on the land at the expiration of three years from this date and for none others. President to apportion the lands so as to assign equally 100 acres for each soul. Unoccupied lands to revert to the United States. Land to be held by New York Indians by same tenure as the Menomonee Indians. (Art. 1.) Sum of $20,000 paid, $5,000 annually. (Art. 2.) Menomonees cede their tract on the south-east side Winnebago Lake, Fox River, and Green Bay as described (Art. 1), comprising about 2,500,000 acres. (Art. 3.) The following tract at present occupied by Menompuee Indians set apart for their future home: Beginning on the west of Fox River at the Old Mill Dam and running up to Lake Winuebago ; thence along- the lake to the rnouth of Fox River, up to Wolf River ; thence up said river to a point south-west of the west corner of the tract designated for the New York Indians, north-east to said west corner: thence south-east to place of beginning. Five farmers at $500 each, for ten years ; five women at $300 each, to teach useful housewifery ; $10,000 for the erection of houses ; $3,000 for houses of farmers. When Menomonees settle they shall be supplied with stock, farming implements, and other articles to value of $6,000, to be under control of farmers; $6,000 for grist and saw mill on Fox River and house of miller; millers $600 salary for ten years; $8,000 worth of clothing; $1,000 in pro visions ; $1,000 in specie paid down ; $6,000 for twelve years; blacksmith's shop at dis cretion of the President, and house for interpreter. (Art. 4.) Sum of $500 added to the appropriation of $1.500 by treaty of August 11, 1827, for the support of schools for ten years. (Art. 5.) Privilege of hunting and fishing on ceded lands, until sur veyed and sold. New York Indians to immediately remove from the Menomonee country to the land set apart for them. Tract west of Fox River belonging to Meno monees to remain as a hunting ground until the United States exchanges title. Right to establish roads and military posts granted. Expenses of delegation paid and suit of clothes for each provided. Also $4,000 for guns and ammunition ; $1,000 in goods and provisions for four years. (Art. 6.) 1 Amendment of February 17, 1831. Time of removal of New York Indians upon lands left to the discretion of the Presi dent. For the establishing of the rights of New York Indians on a permanent and just footing, it is expressly understood that two townships on the east side of Win uebago Lake, equal to 40,080 acres, shall be laid off for the use of the Stockbridge and Muusee tribes; and their improvements on lands on the east side of Fox River, which lands are to be relinquished, shall be valued by a commissioner and paid for by the United States, said valuation not to exceed $25, 000. One township adjoining the foregoing, equal to 23,040 acres, to be laid off and granted for the use of the Broth- ertown Indians; $1,600 paid by the United States for their improvements on the east 1 United States Statutes, Vol. VII, p. 342. 656 INDIAN EDUCATION AND CIVILIZATION. side of Fox River, which lands they are to relinquish. Also that a new line shall be run parallel to the south-west boundary of the tract of 500,000 acres described in arti cle 1, and set apart for the New York Indians, to commence on the west side of Fox River, 1 mile above the Grand Shute, at a sufficient distance from said bouodary line as shall comprehend the additional quantity of 200,000 acres on and along the west side of Fox River without including private land claims. Said tract to be a part of the 500,000 acres intended to be set apart for the Six Nations of New York and the St. Regis tribe, and an equal quantity to that which is added on the south-western side to be taken off from the north-eastern side of said tract on the Oconto Creek, to be determined by the commissioner appointed by the President; the whole number of acres granted to the Six Nations and St. Regis shall not exceed the quantity origin ally stipulated by the treaty. Proclaimed July 9, 1832. l Treaty with the Menomonees, made at Washington, October 27, 1832. The Menomonee Indians, failing to agree to the treaty and amendments of February 8 and 17, 1831, make the following agreement: They grant three townships of land on the east side of Winnebago Lake to Stockbridge, Munsee, and Brothertown tribes, and accede to the payment and valuation of improvements as provided in previous treaties. (Art. 1.) Cede for New York Indians the following tract: Beginning on the said treaty line at the Old Mill Dam on Fox River, and thence extending up along Fox River to the Little Rapid Croche; from thence running a north-west course 3 miles; thence on a line running parallel with the several courses of Fox River, and 3 miles distant from the river, until it will intersect a line running on a north-west course, commencing at a point 1 mile above the Grand Shute; thence on a line run ning north-west so far as will be necessary to include between the said last line and the line described as the south-western boundary line of the 500,000 acres in the treaty aforesaid, the quantity of 200,000 acres; and thence running north-east until it will intersect the line forming the south-western boundary line aforesaid, and from thence along the said line to the Old Mill Dam or place of beginning, containing 200,000 acres, preserving therefrom certain mill on Apple Creek and private land claims on Fox River. Lines of said tract of laud to be run without delay, and, in exchange for the above, a quantity of land equal to that which is added to the south-western side to be taken off from north-eastern side on the Oconto Creek, lines to be run by a com missioner appointed by the President, so that the whole number of acres for the Six Nations and St. Regis tribe shall not exceed 500,000 acres. (Art. 2.) Treaty to be binding when ratified, and Menomonees to receive ,$1,000 in clothing and provisions paid down. (Art. 3.) Appendix October 27, 1832, made at agency house, Green Bay, Wis. The Stock- bridge, Munsee, Brothertown, and Six Nations, and St. Regis tribe of New York Indians at Green Bay accept, on their part, this agreement with the Menomonee In dians. Proclaimed March 13, 1833. 2 '. * Treaty with the Menomonees, made at Cedar Point, Fox River, Wisconsin, September 3, 1836. Menomonees cede land on Wolf and Menomonee Rivers, the west side of Green Bay, Fox River, and Winnebago Lake, being estimated at 4,000,000 acres; also land on the Wisconsin River containing 184,320 acres (Art. 1) ; $23,750 annually, besides $3,000 worth of provisions, 2,COO pounds of tobacco, 30 barrels of salt, and $500 for stock and implements, to be expended by the agent ; also two blacksmiths, and maintain shops for twenty years. Upon approval of superintendent of Indian affairs, United States to pay $99,710.50 for debts ; also $80,000 to be divided among mixed-blood rela tives. Only such members of tribe as reside on reservation entitled to said fund. 1 United States Statutes at Large, Vol. VII, p. 346. * 3 lUd. , pp. 405, 409. WISCONSIN GREEN BAY AGENCY. 657 (Art. 2.) The Meuomouees release the United States from provisions of treaties of 1831 and 1832 for blacksmiths, farmers, millers, for education, and for improvements on reservations, stock, and implements. (Art. 3.) In consideration of release, United States to pay $76,000, said sum to be invested and interest applied by President for benefit of the tribe. (Art. 3.) Annuities to be paid yearly ; Menomonees to remove from ceded country within one year. (Art. 4.) Treaty binding when ratified. Proclaimed February 15, 1837. 1 Treaty with the Menomonee tribe, made at Lake Pow-atv-hay-kon-nay, Wisconsin, October 18, 1848. Friendship established. (Art. 1.) Menomonee tribe cede all their lands in Wiscon sin. (Art. 2.) United States, in consideration, gives said Indians as a home, to be held as all Indian lands are held, the tract ceded by Chippewa Indians by treaties of August 2, 1847, and August 21, 1847, not assigned to Wiunebago Indians by treaty of October 13, 1846. Tract to contain not less than 600,000 acres (Art. 3), and United States to pay $350,000 ; to the chiefs to prepare for removal, $30,000 ; to mixed-bloods designated by chiefs and special commissioner, $40,000. As Indians remove without expense to United States, President, at. his discretion, to pay $20,000 , also for one year's subsistence after removal, $20,000 ; for a manual labor school, erection of grist and saw mill, $15,000; miller for fifteen years, $9,000; for blacksmith and shop for twelve years, $11,000 ; for individual improvements on ceded land, $5,000 ; balance of $200,000 to be paid in ten equal annual instalments, beginning with the year 1857, when annuities under treaty of 1836 shall have ceased. (Art. 4.) Such portion of the interest on sum now invested under treaty of 1836 to be applied as President and chiefs may direct to manual labor school, and the balance to be paid annually with the regular annuities. (Art. 5.) United States to pay delegates to explore the new country herein ceded to the tribe. (Art. 6.) Deficiency in annuity of 1837 to be investigated and any loss made good. (Art. 7.) Indians to remain on land ceded by them for two years. (Art. 8.) Owner of saw-mill on Wolf River to have 160 acres, covering his improvements. (Art. 9.) Treaty binding when ratified. (Art. 10.) Proclaimed January 23, 1849, 2 Treaty with the Menomonee tribe, made at the Falls of Wolf Biver, Wisconsin, May 12, 1854. Tribe cedes all land assigned it under treaty of October 18, 1848. (Art. 1.) United States gives said tribe the following tract : Beginning at the south-east corner of township 28 north, range 16 east, of fourth principal meridian, running west 24 miles ; thence north 18 miles; thence east 24 miles; thence south 18 miles to place of begin ning, the same being townships 28, 29, and 30 of ranges 13, 14, 15, and 16, according to the public survey. (Art. 2.) United States to establish a manual labor school and erect a saw and grist mill at cost of $15,000 ; for a miller, fifteen years, $9,000 ; black smith shop, maintained twelve years, beginning 1857, $1 1,000 ; also $40,000, stipulated in former treaty, to assist their removal west of Mississippi, and all other beneficial stipulations of treaty of 1848 to be fulfilled as therein provided. (Art. 3.) As pay ment for the land herein ceded, $242, 686 in fifteen annual instalments, beginning 1867. Each instalment expended under direction of the President. (Art. 4.) United States to pay expenses of this treaty. (Art. 5.) Treaty binding when ratified and assented to by chiefs. (Art. 6.) Amended August 2, 1854 ; assented to August 22, 1854 ; proclaimed August 2, 1854. 3 Treaty with the Menomonee tribe, made at Keshena, Wis., February 11, 1856. Tribe cedes to the United States a tract not exceeding two townships in extent on the south line and western part of its reservation and not containing any permanent 1 United States Statutes at Large, Vol. VII, p. 506. 2 Ibid., Vol. IX, p. 952. 3 Ibid., Vol.X,p. 1064. S. Ex. 95 42 658 INDIAN EDUCATION AND CIVILIZATION. settlements marie by any of the tribe, for the Stockbridge and Munsee Indians and such other New York Indians as the United States may remove within two years. (Art. 1.) If the New York Indians locate on said land, United States to pay at the rate of 60 cents per acre ; said money to be expended as stipulated for expenditure of $40,000, in article 3, treaty May 12, 1854. (Art. 2.) President, with the Senate, may provide laws to manage the affairs of the Menomonees. Use of ardent spirits to be suppressed. President may cause annuity to be paid in semi-annual or quarterly in stalments. Right to construct roads granted on same terms as provided for citizens. (Art. 3.) Treaty binding when ratified. (Art. 4) Proclaimed April 24, 1856. l ONEIDA RESERVATION. How established. By treaty of February 3, 1838. 2 Area and survey. Contains 65,540 acres ; 3 45,000 acres classed as tillable. 4 Out-boundaries surveyed. 3 Acres cultivated. Three thousand eight hundred and thirty-three acres cultivated by the Indians in 1886. 4 Tribes and population. The tribe living here is the Oneida. Total population, 2,000. 5 Location. Is located in Brown County, 46 miles from the agency. The land is susceptible of being cultivated. The tribe now numbers about 16,000 persons, and is well advanced in civilization. As a gen eral thing the members have good houses, and obtain their living by farming, cutting stave-butts, hoop-poles, cord- wood, etc., which they dispose of in neighboring towns. Many of them have large and well- tilled farms, and are as well off as the average farmer among their white neighbors. This tribe receives an annuity of $1,000 from the Government. 6 There are no agency statistics for these Indians. School population, attendance, and support."* School population estimated in 1886 at 445. School. Accommo dation. Average attend ance. Session. Cost. Hobert day school . . 60 33 Months. 10 $400. 00 40 17 10 299. 99 45 12 10 358. 69 30 8 10 299. 99 40 10 10 299. 99 Cornelius day school 56 7 10 300. 00 Many children are sent to schools off the reservation. 8 Missionary work. The Protestant Episcopal and the Methodist Churches have charge. 8 1 United States Statutes at Large, Vol. XI, p. 679. * Ibid., Vol. VII, p. 566. 3 Report of Indian Commissioner, 1886, p. 391. Ibid., 1886, p. 424. *Ibid., p. 255. 9 Ibid., 1885, p. 208. 10 Ibid., 1886, p. 377. 668 INDIAN EDUCATION AND CIVILIZATION. Chay-che-que-oh (Little Buffalo), wlio, in concert with others of his band, have se lected the following-described land, to be used by them as a fishing-ground under the second clause of the second article of the treaty of the 30th September, 1854, reference being had to the diagrams accompanying the report and to the minutes of the pro ceedings in council as certified by me : Acres. Lot No. 1, section 36, containing 1.28 Lot No. 1, section 35, containing 35. 15 Lot No. 2, section 35, containing 42. 48 Lot No. 3, section 35, containing 57. 10 Lot No. 5, section 35, contain ing 52. 68 Lot No. 1, section 26, containing 7. 02 Total 195.71 The diagram referred to in the letter of instructions I return herewith, and also one that I had made when the lots were selected. I am, very respectfully, your obedient servant, C. K. DREW, United States Indian Agent. Hon. W. J. CULLEN, Superintendent of Indian Affairs, St. Paul, Minn. OFFICE OF THE NORTHERN SUPERINTENDENT, St. Paul, August 16, 1859. SIR: I herewith inclose the accompanying report of Agent Drew, upon the instruc tions of J. W, Denver, Commissioner of Indian Aifairs, to Agent Fitch, dated October 26, 1857, in regard to the selection of the 200 acres reserved for the La Point bands for a fishing-ground on Madeline Island, together with a diagram and a schedule signed by the chiefs and headmen of the lots selected by them. Respectfully, your obedient servant, W. J. CULLEN, Superintendent of Indian Affairs. Hon. A. B. GREENWOOD, Commissioner of Indian Affairs, Washington, D. C. (Selections reported to General Land Office September 17, 1859.) RED CLIFF RESERVATION. How established. By treaty of September 30, 1854, 1 and Executive order, February 21, 1856. 2 Lands withdrawn by General Land Office May 8 and June 3. 1863. Area and survey. Contains 13,993 acres; 3 300 acres classed as till able. 4 Surveyed. 3 Acres cultivated. Two hundred acres cultivated by the Indians in 1886. 4 Tribes and population. The tribes living here are the La Pointe band (Buffalo, chief) of Chippewas of Lake Superior. Total population, 337. 5 United States Statutes, Vol. X, p. 1109. 2 Report of Superintendent Thompson, May 7, 1863. 3 Report of Indian Commissioner, 1886, p. 391. 4 IMd., p. 436 WISCONSIN LA TOINTE AGENCY. 669 Location. Situated upon the shores of Lake Superior, in Bayfield County. The lands of these Indians have been patented to them in severalty. The people support themselves by fishing and cultivating the soil. 1 There are no Government employes upon this reservation. 1 School population, attendance, and support. School population esti mated in 1886 at 68. A mission day school ; attendance reported at 20. 2 Missionary work. The Eoman Catholic Church has charge. For treaties, see Chippewa treaties Michigan, Mackinac Agency. Bed Cliff Reserve* GENERAL LAND OFFICE, September 6, 1855. SIR : Inclosed I have the honor to submit an abstract from the Acting Commissioner of Indian Affairs' letter of the 5th instant, requesting the withdrawal of certain lands for the Chippewa Indians in Wisconsin, under the treaty of September 30, 1854, re ferred by the Department to this office on the 5th instant, with orders to take imme diate steps for the withdrawal of the lands from -sale. In obedience to the above order, I herewith inclose a map, marked A, showing by the blue shades thereon the townships and parts of townships desiring to be reserved, no portion of which are yet in market, to wit : Township 51 north, of range 3 west, fourth principal meridian, Wisconsin; north-east quarter of township 51 north, of range 4 west, fourth principal meridian, Wisconsin ; township 52 north, of ranges 3 and 4 west, fourth principal meridian, Wisconsin. For the preservation of which, until the contemplated selections under the sixth clause of the Chippewa treaty of 30th September, 1854, can be made, I respectfully recommend that the order of the President may be obtained. The requisite reports on the subject of the new surveys, and respecting pre-emption claims, referred to in the same order, will be prepared and communicated at an early day. I am, respectfully, your obedient servant, THOMAS A. HENDRICKS, Commissioner. Hon. R. MCCLELLAND, Secretary of the Interior. TEPARTMENT OF THE INTERIOR, February 20, 1856. This plat represents by the blue shade certain land to be withdrawn with a view to a reservation under Chippewa treaty of 30th September, 1854, and as more particularly described in Commissioner of the General Land Office's letter of 6th September, 1855. The subject was referred to the President for his sanction of the recommendation made in Secretary's letter of 8th September, 1855, and the original papers can not now be found. This plat is a duplicate of the original received in letter of Commissioner of the General Laud Office of this date, and is recommended to the President for his sanction of the withdrawal desired. R. MCCLELLAND, Secretary. FEBRUARY 21, 1856. Let the withdrawal be made as recommended. FRANKLIN PIERCE. 1 Report of Indian Commissioner, 1885, p. 209. *lUd., 1886, p. 257. 3 Ibid., 1886, p. 378. 670 INDIAN EDUCATION AND CIVILIZATION. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, September 3, 1858. SIR : My attention has just been called to the subject of your communication of the 31st of May last, together with the papers inclosed therewith, pertaining to the selec tion of the four sections of laud reserved for that subdivision of the La Pointe band of which Buffalo was chief, under the sixth clause of the second article of the Chippewa treaty of September 30, 1854. This matter formed the subject of a communication from this office to the Secretary of the Interior on the 5th of September, 1855, a copy of which is herewith inclosed, in which it was recommended that the necessary means should be taken to cause township 51 north, range 3 west, the north-east quarter of township 51 north, range 4 west, and township 52 north, range 3 and 4 west, to be reserved from sale until the selections were made, under the provisions of the aforesaid treaty, for the bands of Indians of which Buffalo was then chief. Agreeably to the suggestions of this Bureau, your office was directed by the Secre tary of the Interior, some time in the month of September, 1855, to adopt appropriate steps to have said tracts reserved from pre-emption and sale until the selections for the Indians had been made. I find by an examination of a letter from Col. G. W. Manypenny, dated at La Pointe, Wis., August 24, 1855, that he (by mistake) designated the north-east quarter of township 51 north, of range 4 west, to be withheld from sale; whereas it should have been the south-east quarter of the same township and range ; and I have now to request that you will direct the register and receiver of the proper local land office to withhold from pre-emption or sale sections 25 and 36 in the south-east quarter of the aforesaid township, the same being a portion of the lands selected by the chief Ge-gi-qui-on, and that said sections should be respected upon the records of their office. In view of these facts, I am of the opinion that no pre-emption claims presented subsequent to the selection of the laud for Indian purposes in 1855 should be admitted to the prejudice of the rights of the Indians under the treaty. The treaty evidently contemplated the selection of the laud on or near the lake shore, arid therefore it is not deemed requisite that the location should embrace four full sections, as such a construction, in view of the meanders of the lake, would pre vent the location at that point; and as the legal subdivisions selected by Ge-gi-qui-on are in as compact a form as practicable, although the aggregate exceeds by 32.61 acres the area of four full sections of one square mile each, yet as the selections con form to thB requirements of the treaty as nearly as possible, I hereby approve the location of the following tracts, and have to request th at the same may be respected upon the books of your office, and that the proper local land office be notified of the same, to wit : In T. 51, R. 3 west of the fourth meridian : Acres. Lot No. 3 in the north-west fractional quarter of section 20, containing.. . 55. 35 Lot No. 4 in the south-west fractional quarter of section 20, containing. .. 56. 70 Lot No. 5 in the south-west fractional quarter of section 20, containing.. . 60. 72 Lot No. 1 in the north-west fractional quarter of section 29, containing.. . 54. 38 Lot No. 2 in the north-west fractional quarter of section 29, containing.. . 39. 43 Lot No. 3 in the south-west fractional quarter of section 29, containing.. . 22. 88 Lot No. 1 in the south-east fractional quarter of section 30, containing.. . 37. 62 The north-east quarter of the south-east fractional quarter of section 30, con taining 40. 00 The west half of the south-east fractional quarter of section 30, containing. 80. 00 The north-east quarter of section 30, containing 160. 00 The west half of section 30, containing 320. 00 WISCONSIN LA POINTE AGENCY. 671 Lot No. 1 in the north-east fractional quarter of section 31, containing 37. 70 Lot No. 2 in the north-east fractional quarter north-west fractional quarter of section 31, containing 61. 58 The north-east quarter of the north-west quarter of section 31, containing. . 40. 00 The west half of the northwest quarter of section 31, containing 80. 00 Lot No. 3 in the south-west fractional quarter of section 31, containing . . 42. 15 Lot No. 4 in the south-west fractional quarter of section 31, containing. .. 44. 10 The west half of the south-west fractional quarter of section 31, containing 80. 00 In T. 51, K. 4 west of the fourth meridian : The whole of section25, containing 640.00 The whole of section 36, containing 640.00 Total 2,592.61 Very respectfully, your obedient servant, CHARLES E. Mix, Commissioner. JOSEPH S. WILSON, Esq., Acting Commissioner of the General Land Office. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, May 25, 1863. SIR: I herewith transmit a plat showing a proposed enlargement of the Red Cliff Indian Reservation, in Wisconsin, it being that portion bounded by Lake Superior and the yellow lines upon the plat, and would respectfully ask that you cause the lands embraced therein to be withheld from sale until definite action can be had upon the proposed enlargement. Very respectfully, your obedient servant, W. P. DOLE, Commissioner. Hon. JOSEPH S. WILSON, Acting Commissioner of the General Land Office. NOTE. By letter of the General Land Office, dated May 27, 1863, to the local land officers at Bayfield, Wis., said officers were instructed to " withhold from sale or loca tion until further orders all the lands in townships 51 and 52, 3 west, sections 2 and 6, in township 51, 4 west, and township 52, 4 west, sections 1, 2, 3, and 4, township 51, 5 west, and township 52, 5 west." Subsequently, by letter of September 11, 1863, the General Land Office advised said local officers at Bayfield, Wis., that the islands in the above-named sections and town ships were excluded from the operations of said order of withdrawal. The plats in the General Land Office show the following lots and parcels of laud to have been withheld from sale in consequence of said order : Sections 6, 7, 8, 16, 17, 18, 19, 20, 21, 29, 30, and 31, township 51, range 3 west. Lot 1, section 31, township 52, range 3 west. Sections 1, 2, and 6, township 51, range 4 west. Lot 1, sectk n 21, lot 1, section 22, and sections 26, 27, 28, 31, 32, 33, 34, 35, and 36, township 52, range 4 west. Sections 1, 2, 3, and 4, township 51, range 5 west. Sections 34, 35, and 36, township 52, range 5 west. 672 INDIAN EDUCATION AND CIVILIZATION. WYOMING. Organized as a Territory July 25, 1868. 1 No changes Lave been made with the Indians residing here, except to limit their roving over the country, and to place other Indians from the east, west, and south upon reservation, and prevent their war and hunting parties traversing this region. There is one reservation, containing an aggregate area of 2,342,400 acres. Total Indian population, 1,816. There is one agency, the Shoshone Agency, having in charge the Wind Kiver Eeservation. SHOSHONE AGENCY. [Post-office address : Shoshone Agency, Fremont County, Wyoming. ] WIND KIVER RESERVATION. How established. By treaty of July 3, 1868, 2 and acts of Congress approved June 22, 1874, 3 and December 15, 1874. 4 Area and survey. Contains 2,342,400 acres. Partly surveyed. 5 Acres cultivated. The Indians have 114 acres under cultivation. 6 Tribes. The tribes living here are the Northern Arapaho and East ern band of Shoshone. Total population, 1,816. 7 Location. The reservation lies between latitude 43 and 44 north, and longitude 108 and 109 west. A considerable portion is moun tainous and well timbered. The Wind River valleys are level and from one-half to 5 miles wide ; irrigation can here be easily applied. The principal obstacles to successful farming are the short season, owing to both late and early frosts, and the ravages of the locusts. Portions of the reservation are well adapted to grazing. 8 The agency is located on Trout Creek, within 10 miles of the southern line of the reservation. 9 Government rations. Fifty per cent, of these Indians subsisted by Government rations in 1886. 10 Mills and Indian employes. Mill erected in 1872. No Indian em ployes reported. Indian police. Established in 3 878. 11 Indian court of offences. None. Supplemented by council. 12 School population, attendance, and support. School population, as estimated in 1886 391 Boarding school: Accommodation 80 Average attendance -. 86 Session (months) 10 Cost $13,042.10 1 United States Statutes at Large, Vol. XV, p. 178. 2 Ibid., p. 673. * Ibid., Vol. XVIII, p. 166. 4 IUd., p. 291. 5 Report of Indian Commissioner, 1884, p. 264. JWd., 1886, p. 436. 7 Ibid., 1883, p. 300. *Ibid., 1878, p. 148. 9 Ibid., p. 150. 10 Ibid., 1886, p. 424. u Ibid., 1878, p. 152. 12 Ibid., 1886, p. 260. 13 Ibid., p. xcviii. WYOMING SHOSHONE AGENCY. 673 Missionary work. The Protestant Episcopal and Roman Catholic Churches have missions among these Indians. 1 SYNOPSIS OF TREATIES. Treaty between theUnited States and the Eastern band of Shoshonee Indians, made at Fort Bridger, Utah, July 2, 1863. The Shoshonees agree to a perpetual peace. (Art. t.) Routes of travel through the Shoshouee country shall be and remain forever free and safe. Military posts and settlements may be established along said routes, ferries maintained, houses erected, and settlements formed at such points as may be necessary for the convenience of travel. Any Indians committing depredations shall be delivered up to the United States authorities. (Art. 2. ) Telegraph and overland stage lines shall be conducted without molestation or injury. The railroad to the Pacific, or its branches may be located, constructed, and operated without molestation through the Shoshonee country. (Art. 3.) The following is the boundary of the Shoshonee country : " On the north by the mountains on the north side of the valley of the Shoshonee, or Snake, River ; on the east by the Wind River Mountains, Peeuapah River, the north fork of Platte, or Koochinagah, and the north park or Buffalo House ; and on the south by Yampah River and the Uintah Mountains. The western boundary is left undefined, there be ing no Shoshonees from that district of country present; but the bands now present claim that their own country is bounded on the west by Salt Lake." (Art 4.) In consequence of the destruction and driving away of game along the routes of travel and settlements, the United States agrees to pay to the Shoshonees annually for twenty years, $10,000 in such articles as the President shall deem proper. (Art. 5.) " Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said ter ritories from Mexico by the laws thereof." (Amendment to Art. 5.) Sum of $6,000 in presents acknowledged to have been received at the conclusion of this treaty. (Art. 6.) Amended March 7, 1864 ; ratified June 7, 1669. 2 Treaty between the United States and the North-western bands of Shoshonee Indians, made at Box Eldtr, Utah Territory, July 30, 1863. Peace and friendship re-established. (Art. 1.) The Indians agree to the treaty concluded on July 2, 1863, and give their full as sent to all its provisions. (Art. 2. ) The United States is to increase their annuity by $5,000 to be paid in the manner provided for in the treaty, and the bands acknowledge the receipt of $2,000 in pres. euts. (Art. 3.) The country claimed by the North-western Shoshonee Indians is bounded on the west by Raft River and on the Porte-neuf Mountains. (Art. 4.) Amended in the same manner as Art. 5 in the treaty of July 2, 1863, with the East ern Shoshouees. Proclaimed January 17, 1865. 3 Treaty between the United States and the Eastern Shoshonee and Bannack Indians, made at Fort Bridger, Utah Territory, July 3, 1868. Indians agree to a continued peace. Cases of wrong or injury committed towards the Indians the United States agrees, upon suitable proof, to punish the offender and 1 Report of Indian Commissioner, 1886, p. 261. 3 United States Statutes at Large, Vol. XVIII, p. 685. *Ibid., Vol. XIII, p. 663. S. Ex. 95 -43 674 INDIAN EDUCATION AND CIVILIZATION. reimburse the injured person. ludians to deliver up all offenders to Government au thority for'punishment. (Art. 1.) For the Bannacks the President shall select a suitable reservation in their present country which shall embrace reasonable portions of the Port Neuf and "Kansas Prairie " countries, and they shall have the same rights and privileges and same ex penditures in proportion to numbers, excepting agency house and residence, as pro vided for Shoshones. The following reservation set apart for the Shoshones: Com mencing at the mouth of Owl Creek and running due south to the crest of the divide between the Sweetwater and Papoagie Rivers ; thence along the crest of said divide and the summit of Wind River Mountains to the longitude of North Fork of Wind River; thence due north to mouth of said North Fork and up its channel to a point 20 miles above its mouth ; thence in a straight line to headwaters of Owl Creek and along middle of channel of Owl Creek to place of beginning. Other Indians may be admitted if Shoshones are willing, and Government agrees that no persons except Government officers shall be permitted to pass over or settle upon said territory, and relinquishes all claim or title to said lands. (Art. 2.) United States agrees to con struct agency buildings, shops, mill, and school-house. (Art. 3.) Indians agree to make the reservation their permanent home. (Art. 4.) Agent to reside on reservation. Evidence in depredation cases to be taken in writing and transmitted to the Indian Commissioner, whose decision shall be binding. (Art. 5.) An Indian head of a family desiring to farm may choose within the reservation not more than 320 acres, which selection shall be recorded, and land shall belong to him and his heirs forever. Any person over eighteen years old, not the head of a family, may select 80 acres, which shall be recorded, and remain in his exclusive possession. President may order a survey and Congress to fix title. (Art. 6.) Indians are to compel their children of both sexes between the ages of six and six teen to attend school, and the Government agrees that for every thirty children be tween said ages, a school-house and teacher shall be provided. This provision to run twenty years. (Art. 7.) After the head of a family shall have selected land he shall be entitled to $100 worth of seeds and implements for the first year, and for the next three years succeeding, which he shall continue to farm, $25 per year. All persons to receive instruction, and when one hundred persons have begun to farm, a second blacksmith shall be provided, together with iron, steel, etc. (Art. 8.) In lieu of all other moneys or annuities provided for under any or all treaties hith erto made, the United States agrees, on the 1st of September of each year, for thirty years, to furnish to each nlan, woman, and child clothes as herein described in ac cordance with the census taken by the agent each year. Also $10 to each roaming Indian, and $20 to each Indian engaged in agriculture, to be expended as the Secre tary of the Interior may deem proper for a term often years. Congress may by law permit money used for clothing to be expended for other purposes. President to de tail an army officer to be present at delivery of goods. (Art. 9.) United States to furnish teacher, physician, and employe's. (Art. 10.) To the validity of any treaty ceding lands the consent of a majority of adult males shall be necessary. No cession by the tribe shall deprive any individual member, without his consent, of the tract of land selected by him. (Art. 11.) For three years a prize of $50 shall be expended for the benefit of ten persons growing the best crops each year. (Art. 12.) Until agency established agent to reside at Fort Bridger. (Art. 13.) Treaty ratified in 1869 - By act of June 1, 1882, the President was authorized to negotiate with the Sho- shone and Bannock tribes for the relinquishment of a portion of their reservation. 2 1 United States Statutes at Large, Vol. XV, p. 673. 2 Ibid., Vol. XVII, p. 214. WYOMING SHOSHONE AGENCY. 675 Agreement ivith Eastern Band of Shoshones, made at Shoshone and Bannock Agency Sep tember 26, 1872. i Whereas previous to and since the treaty of July 3, 1868, mines have been discovered and citizens of the United States have made improvements within the limits of the reservation set apart by act, and it is deemed advisable for the settlement of all diffi culties between the parties arising in consequence of said occupancy to change the southern limit of said reservation. The Indians cede the land lying south of a line beginning at a point on the eastern boundary of the Shoshone and Bannock Reservation due east of the mouth of the Little Popoagie at its junction with the Popoagie, and running from said point west to the mouth of the Little Popoagie ; thence up the Popoagie to the North Fork, and up the North Fork to the mouth of the canon; thence west to the western boundary of the reservation . ( Art. 1 . ) United States to pay $25,000, to be expended by the President as follows on or before August 10 each year for five years: $5,000 worth of stock cattle; $500 for five years as salary to Chief Wash-a-kie. (Art. 2.) Southern line of reservation to be surveyed by United States. Until then no white person to intrude on ceded country. (Art. 3.) Treaty binding when ratified. By act of Congress, June 22, 1874, the agreement of September 26, 1872, ratified and the money appropriated to purchase stock and pay the salary of chief, as agreed. 2 By act of December 15, 1874, the agreement of September 26, 1872, confirmed by special act. The cattle to be furnished under this agreement "shall be good, young American cattle suitable for breeding purposes." 3 The Northern Cheyennes and Northern Arapahoes entered into a treaty at Fort Laramie, Dakota, May 10, 1868. The tribes agree to peace. Offenders to be deliv ered over to the United States for punishment, the Government to reimburse the in jured person on the event of refusing to deliver the offender, the reimbursement to be made from the moneys due the tribe. (Art. 1.) The two tribes relinquished all rights, claim, and interest to all territory outside that set apart as a reservation for the Southern Cheyenne and Arapahoe Indians by treaty of October, 1867, or some portion of the country and reservation set apart and designated as a permanent home for the Broul6 and other bands of Sioux by treaty of 1868, except the right to roam and hunt while game shall be in sufficient quantities to justify the chase. The tribes agree not to build any permanent houses outside of said reservation, and that within one year they will attach themselves permanently to the agency provided near the mouth of Medicine Lodge Creek, or to the agency near Fort Randall, Missouri River, or to the Crow Agency. (Art. 2.) A head of a family desiring to begin farming shall be allotted not more than 320 acres; single persons over eighteen years, not exceeding 80 acres. President may order a survey of the reservation, and Congress shall provide for protecting the rights of set tlers in their improvements and fix the character of the title held. United States to pass such laws concerning property and government of Indians as maybe thought proper. (Art. 3.) The United States agrees to provide a school-house and teacher for every thirty children who will attend school, the Indian agent to compel all children between six and sixteen years to attend school. This provision to continue for twenty years. (Art. 4.) When the head of a family shall have selected lands and the agent shall be satisfied that the Indian intends in good faith to cultivate the soil for a living, he shall receive seeds and agricultural implements for the first year in value $100, and for three succeeding years in value of $25 per annum. When more than one hundred persons shall enter upon cultivation of the soil a second blacksmith and material shall be provided. (Art. 5.) In lieu of all money payments hitherto provided by treaties, each man, woman, and child to receive clothes, as herein described, for thirty years, 1 Report of Indian Commissioner, 1872, p. 127. 2 United States Statutes, Vol. XVIII, p. 166. 3 IMd., p. 291. 676 INDIAN EDUCATION AND CIVILIZATION. $10 to each roaming Indian, and $20 to each engaged in agriculture, for ten years, the sum to be expended by the Secretary of the Interior, for such articles as deemed need ful. All Indians who shall move on the reservation and are unable to subsist them selves, the United States shall issue to them for four years 1 pound of meat, 1 pound of flour per diem ; and to each family coming on the reservation and beginning to farm r one cow and one pair of oxen. (Art. 6). A physician, carpenter, miller, engineer, farmer, and blacksmith shall be provided. (Art. 7.) No cession of any portion of the reservation herein described will be valid unless executed and signed by all adult male Indians occupying or interested in the same, and no individual member shall be deprived, without his consent, of the land selected by him, as herein provided for. (Art. 8.) Five hundred dollars shall be expended annually for five years in presents to be given to the ten best farmers. (Art. 9.) Proclaimed August 25, 1868. 1 1 United States Statutes at Large, Vol. XV, p. 655. CHAPTER XXII. MISSIONAEY WORK DUEING THE NINETEENTH CENTUEY. The following is but a brief and imperfect summary of a great and important work. 1 To fully set forth all that has been undertaken and accomplished for the Indians by the various religious bodies during the present century would require a volume in itself. The facts given be low are taken from letters furnished by the secretaries of the boards connected with the different churches and their published reports. The difficulty of obtaining details and condensed statistics will be readily appreciated, as these require time and laborious research among the archives of the societies, and this additional labor was impossible in the midst of the pressing duties of the hour. The missionary labors among the Indians have been as largely educational as strictly per taining to the church work. It should be borne in mind that until within a score or so of years all Government aid to Indian education passed through the hands of the various missionaries. To these work ers, many of whom represent more than one generation, the children succeeding the fathers in the labor of humanity, the Indians owe much of their present ameliorated condition. The Christian sentiment of the country has now all that has been gained in the slow process of up lifting a race. AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS. This board, the oldest missionary society in the United States, was organized June 29, 1810, at Bradford, Mass. The first annual meeting was held at Farmiugton, Conn., on the 5th of September, in the same year, at which five persons were present. The receipts for the first year were $999.52. From these small beginnings the board has increased till its annual receipts have risen in some years to over $500,000. It has had under its care 48 different missions, with which have been connected over 1,600 missionaries, of whom 512 have gone to the North American In dians. The board was originated by the Congregational Church, but soon became the organ of the Presbyterian and Eeformed Dutch Churches, who shared in its management. In 1837, upon the division of the Presbyterian Church, the Old School branch formed a separate organization for missionary labor. The Ee- churches omitted could not be heard from, although application was made by letter for a statement of their work. 677 678 INDIAN EDUCATION AND CIVILIZATION. formed Dutch withdrew, to act through a separate board, in 1857. From this time the board represented mainly the Congregational and New School Presbyterian Churches of the United States until 1870, when, upon the union of the twa branches of the Presbyterian Church the New School Churches withdrew, leaving the board to the Congre gational Church having in charge foreign missions. The following missions among the Indians, which were founded under the auspices of this board, have been closed or transferred to other soci eties : To the Cherokees (1816-60), 113 missionaries. In 1860, 12 churches and 248 members. To the Choctaws (1818-59), 153 missionaries. In 1859, 12 churches and 1,362 members. To the Osages (1826-37), 26 missionaries, 2 churches of 48 mem bers. Large schools of 354 scholars. To the Maumees (1826-35), 6 missionaries. A church of 35 members. To the Mackinaws (1826-36), 17 missionaries. A church of 35 mem bers. To the CMckasaws (1827-35), 10 missionaries. A church of 100 mem bers and school of 300 pupils. To the Stockbridges (1828-48), 8 missionaries. A church of 50 mem bers. To the Creeks (1832-37), 6 missionaries and 80 church members. To the Pawnees (1834-44), 10 missionaries. To the Oregons (1835-47), 13 missionaries. Broken up by the mas sacre of 1847. To the Senecas (1826-70), 47 missionaries and 600 church members Transferred to the Presbyterian Board in 1870. To the Tuscaroras (1826-60), 10 missionaries. To the Ojibways (1831-70), 28 missionaries. Transferred to Presby terian Board in 1870. To the Dakotas (1835-7D), 40 missionaries and 1,000 church members. Transferred in part to Presbyterian Board in 1870. To the Abenaquis (1835-56),! Indian missionary and 75 church mem bers. Summary of Indian missions. Twelve missions closed ; 2J in part transferred ; 498 missionaries ; 45 churches ; 3,700 members. The whole number of Indians reached by these missions was not far from 100,000. In 1873 the Choctaw mission resumed. Missionaries, 2 j churches, 3 j members, 123. 1 1 Brief sketch and statistics of the American Board of Commissioners for Foreign. Missions, 1876. AMERICAN MISSIONARY ASSOCIATION. 679 AMERICAN MISSIONARY ASSOCIATION (CONGREGATIONAL). This association was formed in September, 1846, l>y the consolidation of the Union Missionary Society, the West India Missionary Commit tee, and the Western Evangelical Missionary Society. The principal mission work among the Indians was at Bed Lake and Leech Lake, established in 1843. The Ohippewa bands have had the care of this association from that time until the present day. Upon the inauguration of President Grant's peace policy in 1809, the Green Bay and La Pointe Agencies in Wisconsin, the Sasseton and Fort Berthold Agencies in Dakota, and S'Kokomish Agency in Washington Territory were assigned to this association. The aggregate amount expended by this society for missions among the Indians, from the year 1847 to 1875, was $64,959.56. In 1877 the church at Bed Lake was transferred to the Protestant Episcopal Church. At the other agencies the association had 3 mis sionaries, 2 churches, 37 church members, 7 teachers. 5 schools, and 287 pupils. lu 1879 the association contributed $1,500 toward the Indian depart ment recently established at the Hampton Institute, Hampton, Va., and has been interested there ever since. In 1880 the church at S'Kokomish numbered 36 members. These Christian Indians contributed for benevolent purposes $265.62, and for their pastor's support and the Sunday-school $230.25, making a total of $495.77. In 1882 a boarding-school was opened at Leech Lake, and the mis sion at Spokane Falls, Washington Territory, assisted. In 1883 the Indian missions formerly under the American Board of Foreign Missions were transferred to the American Missionary Asso ciation. This threw upon the society the work at Fort Berthold, at Fort Sully with its out-stations, and the normal school at Sautee Agency. The school work at Sisseton Agency was soon transferred to the Pres byterian body under whose care the church work had been conducted. Thus there passed directly to the association 5 stations, and the work at Devil's Lake, 4 ordained missionaries, 21 assistant missionaries, 2 churches, 3 native preachers, 5 native teachers, and 194 church mem bers. The formal Training School at Santee, under the management of Mr. Alfred L. Eiggs, has recently been enlarged. At this school indus tries are taught, technical training given, and teachers prepared. The school is the centre of a wide influence and work. In 1886 there were 210 pupils, 20 of them students in theology. The report of the asso ciation for 1886 gives as under its charge 5 churches, 348 church mem bers, 15 schools, 685 pupils, 56 missionaries and teachers, and an expen diture of about $40,000. L 1 Statement given by Rev. Dr. Strieby, and the Fortieth Auaual Report of the American Missionary Association; lfc'85. 680 INDIAN EDUCATION AND CIVILIZATION. AMERICAN UNITARIAN ASSOCIATION. The Ouray Agency was assigned to this denomination during the peace policy of President Grant. The mission work of this association was entered upon January 1, 1886. Eev. Henry F. Bond, who had been agent of the Ouray Utes in 1874, accepted the appointment of the association to take charge of the proposed school among the Utes. He, with his wife, left Boston April 9, 1886. Finding it impossible to begin a school among these Indians, they proceeded a once to the Crow Reservation, in Montana, where a more hopeful state of affairs was found. A site was chosen on Big Horn Eiver, and 202 acres assigned to the school. A substantial build ing has been erected, and the school opened with promises of success. The expenses of maintaining the school, above the contract with the Government, will be about $5,000 per annum. BAPTIST CHURCH MISSIONS. The Baptist Church began its work for the Indians by establishing in 1807 a mission among the Tuscaroras and other tribes in north-west ern New York. In 1818 a missionary was sent to the Indians of Indi ana and Michigan and to the Cherokees in North Carolina. The Ham ilton (N. Y.) Baptist Missionary Society sent delegates in 1819 to in quire into the needs of the Oiieida and Stockbridge Indians. A mis sion was established at Fort Wayne in 1820, and a school was main tained for over two years. Then the mission was permanently located on the St. Joseph's River, in Michigan, 25 miles from its mouth, where a school was begun and buildings erected in 1822. A mission was supported among the Creeks from 1823 until 1839; from 1824 to 1850 among the Oneida, Tuscarora, and Tonawanda In dians of New York ; from 1826 to 1844 among the Choctaws ; from 1828 to 1857 among the Chippewas at Sault Ste. Marie, Michigan ; from 1833 to 1843 among the Otoes and Oinahas; and from 1833 to 1864 among the Delawares and Stockbridges. The missions of this church were almost obliterated by the hostili ties of the border contests during the Civil War, but after the war mis sionaries resumed their labors. The Home Mission Society sent its fivst missionary in 1865. Others followed until in 1877 there were thir teen in the field. The Union Agency, comprising the five civilized tribes of the Indian Territory and the Nevada Agency, Nevada, were assigned to this de nomination under the peace policy of 1869. The Report of 1882 states that nine native and three other missionaries engaged in Indian mis sion work, a church membership of 896 ; and a Sunday-school attend ance of 1,148. The Baptist denomination has aided Indian education by establishing not only day schools, but also boarding and manual labor schools. These EPISCOPAL CHURCH MISSIONS. 681 include the Levering Mission School at Wetumka, and the Indian Uni versity at Tahlequah, Indian Territory. The number of pupils at the university in 1882-83 was 95, of whom 75 were Cherokees. 1 In 1885 this church had among the Indians fourteen missionaries, and expended $3,010.42. 2 EPISCOPAL CHURCH MISSIONS. Schoolcraft, in his History of the Indian Tribes in the United States, gives 1815 as the date of the organization of Protestant Episcopal mis sions among the Indians. This mission was among the Oneidas of New York. In 1825 a mission was established at Green Bay, Wis., for the Menomonees, and later, among the Oneidas at Duck Creek, Wis., the Ojibwas in Minnesota, and the Indians in Michigan. The following agencies were assigned in 1869 to this denomination : White Earth, in Minnesota; Crow Creek, Lower Brule, Cheyenne Eiver, Yankton, Eose Bud, and Pine Ridge, in Dakota Territory ; Shoshone, in Wyoming. The annual report for 1885 of the Foreign and Domestic Missionary Society of this church contains the following statement: Twelve Indian clergymen and more than 1,000 communicants. There is no report of the important Avork at the White Earth Reservation, in charge of the Rev. J. A. Giltilian, under Bishop Whipple. The mission to the Oneidas, under Bishop Brown, that at the Shoshone Agency in Wyoming, that in the Indian Territory, and that in Washington Territory ought each to be reported as being conducted under appropria tions from the Board. Bishop Hare's painstaking report of his large work in the Niobrara deanery must suffice for an account of Indian missions. Bishop Hare, in his report for 1885-86, gives an account of the work in the Niobrara deanery, which includes all the Indian reservations within the jurisdiction of South Dakota. The growth of this mission will appear when it is remembered that in 1872 none of the missions had any existence except those under the Santee and Yankton missions. There are now (1880) four churches in the Sautee mission, four in the Yankton mission, three in the Yauktonuai mission, three in the Lower Brule mission, six in the Cheyenne River mission, ten in the Eosebud mission, one in Standing Eock mission, seven in the Ogalala mission, four in the Sisseton mission ; there are also four boarding-schools in successful operation. At St. Paul's boarding school (boys), Yaukton Eeserve, the average attendance is 36 ; at St. Mary's (boys and girls), Eosebud Eeserve, 35; at St. John's (girls), Cheyenne Eiver Eeserve, 30; at the Hope School (girls and boys), Springfield, Dak., 30. There are in the vast and once desolate region twenty-five churches and chapels and eighteen mission residences. All this has been clone with out Government aid. Thirty-six congregations have been gathered ; seven faithful Indians are serving in the ministry; the offerings of the native Christians amount to about $2,000 per annum. Report of Baptist Home Missions, and Catalogue of Tahlequah University, p. 21. 2 Fifty-third Annual Report of A. B. H. M; Society. 682 INDIAN EDUCATION ANP CIVILIZATION. All of these churches and chapels are free from debt or encumbrance of any Jcind, except one of the Santee chapels. 1 FRIENDS (HICKSITE). The missionary labors of the Society of Friends among the Indians, through commissioned officers of the United States, were founded upon the invitation contained in the following letter addressed to the secre tary of Friends' committee on Indian affairs and read at its meeting in. the spring of i860: HEADQUARTERS ARMY OF THE UNITED STATES, Washington, D. C., February 15, 1869. SIR: General Grant, the President elect, desirous of inaugurating some policy to protect the Indians in their just rights and enforce integrity in the administration of their affairs, as well as to improve their general condition, and appreciating fully the friendship and interest which your society has ever maintained in their behalf, di rects me to request that you will send him a list of names, members of your society, whom your society will indorse as suitable persons for Indian agents. Also, to assure you that any attempt which may or can be made by your society for the improvement, education, and Christianization of the Indians under such agencies will receive from him, as President, all the encouragement and protection which the laws of the United States will warrant him in giving. Very respectfully, your obedient servant, E. S. PARKER, Brev. Brig. Gen,, U. S. A. and A. D. C. BENJAMIN HALLOWELL, Sandy Spring, Md. After due deliberation and consultation Friends concluded to accept the important trust, and in a circular addressed to members of the Society the qualifications desired and needed in Indian agents were thus described : First. A prayerful heart and a firm trust in the power and wisdom of God, and not in man or military force, for guidance and protection. Second. Industry, economy, firmness, vigilance, mildness, and practical kindness and love. Third. A knowledge of farming and gardening, ability to superintend the construc tion of buildings, and see that schools are properly conducted. Fourth. Tact in managing or influencing persons, so as gradually to induce the Indians of his agency voluntarily to join in the various employments of farming and gardening and in mechanical operations. Fifth. And high in the scale of qualifications, to be possessed of strict integrity, and to be perfectly reliable in financial matters, and know how to employ with econ omy and to the best advantage the funds entrusted to him by the Government for the use of the agency. The Northern Superintendency was assigned to Friends, comprising six agencies in the State of Nebraska, namely : The Santee Sioux, the Winnebago, the Omaha, the Pawnee, the Utoe, and the Great Nemaba; the latter agency comprised the Iowa and Sac and Fox of Missouri tribes. 1 From the report of Bishop Hare, 18eSt>. MISSIONS OF THE FRIENDS. 683 Friends nominated a superintendent and six agents, who were promptly appointed by the President and confirmed by the United States Senate. They proceeded to their several fields of labor in the spring and summer of 186!}. The superintendent's home and office were in the city of Omaha. Each agent was required to reside upon the tribal reservation over which he had charge. The first visiting committee of Friends went to all of the agencies in the summer of 1869, and reported the condition of the Indians. The following measures were adopted by Friends to promote civiliza tion : (1) Care to recommend for appointment in all grades of agency service such per sons only as seemed to be properly qualified for the position and whose moral influ ence would promote the growth of virtue, giving preference to married persons who were willing to remove their families to the reservations ; each agency employe* was appointed for practical missionary work, and expected to be a missionary for good f in precept and example. (2) The establishment of schools and improvement of those already existing, with the intent of placing as soon as possible all children of suitable ages in schools taught by Christian teachers. Sabbath schools were held at all the agencies in which Scripture lessons, blended with religious instruction, were given to the children and such of the adults as were willing to attend. (3) The allotment of lands in severalty to members of the tribes willing to accept them, and urging the passage by Congress of such statute laws as would secure title in homestead farms to heads of families and educated Indians. (4) The instruction of Indians in agriculture, raising and care of domesticated animals, in mechanical employments, and household pursuits. (5) The distribution of agricultural implements, live-stock, and seeds. (6) The building of dwelling-houses and planting of fruit trees on their allotments of land. (7) The employment of matrons to instruct the Indian women in household duties and care of the sick. (8) The use of all proper means at command to speedily advance the condition of the Indians under their care to the status of Christian, educated, self-supporting American citizens, living in comfortable houses on lands held by them in fee-simple. The office of superintendent in the Northern Superintendency was closed sixth month 30, 1876, under an act of Congress. Friends have since withdrawn from their Government services at Indian agencies, as follows : the Pawnee, 1878 ; the Omaha and Winuebago (consolidated), 1880 ; the Otoe, 1880 ; the Great Neharua, 1882 5 and the Santee Sioux, 1885. The Society has returned to the Government, upon retirement from its official service in the care and management of Indians, four tribes, namely, the Santee Sioux, the Wiuuebago, the Omaha, and the Iowa, in such a status of civilization, education, and self-support as qualified them for the duties and responsibilities of American citizenship. FRIENDS (ORTHODOX). Systematic labors did not begin until 1795, when a standing committee was appointed by the Yearly Meeting of Friends of Philadelphia. The 84 INDIAN EDUCATION AND CIVCLIZATION. committee entered upon its duties and has continued to the present time to labor for the civilization and education of the Indians. As soon as the formation of the committee became known, contribu tions were received from Friends residing in England and America. Measures were taken to ascertain the condition of different tribes. From information received it became evident that gifts of tools and seeds would be of little benefit to the Indians, " for the want of instruc tion in their use from some skilled hands, who should reside among them." Efforts were promptly made to obtain such persons, and the consent of the United States Government for their residing among the Indians applied for and cheerfully granted; and Timothy Pickering, then Sec retary of State, addressed a letter of introduction to the natives in which he says : Brothers! I have the great pleasure to inform you that your good friends, the ^Quakers, have formed a wise plan to show your young men and boys the most useful practices of the white people. They will choose some prudent good men to instruct them. These good men will do this only from the love they bear to you, their fellow- men and children of the Great Spirit, whom they desire to please, and who will be pleased with the good they do to you. The Quakers and the good men they employ will ask nothing from you; neither land, nor money, nor skins, nor furs, for all the good they will render you. They will request only your consent and the attention of the young men and boys to learn what will be so useful. Brothers ! If this attempt succeed, the way will be open in which your young peo ple may learn other useful practices of the white people, so as to enable them to supply all their" own wants, and such as choose it may learn to read and write. Having thus explained to you the plan of your friends, the Quakers, I conclude with heartily recommending it to your adoption, as better calculated to procure lasting and essential benefits to your nation than any plan ever before attempted. In 1796 three young men from the Philadelphia Yearly Meeting began work among the Stockbridge and Oneida Indians. The work was trans ferred to the New York Yearly Meeting three years later. In 1798 three young Friends went to Cornplanter's Reservation and began farming, the Indians gradually following the example of industry set them. u Believing it not best to occupy the land of the Indians," a tract was purchased near the Allegheny Reservation, a mill erected, and a school established, which continues to the present time. The following account of work among the Shawuees was written by Esther Pugh : Less than twenty years from the close of the Revolutionary War a deputation of Friends from Baltimore visited the Ohio settlements of Indians to investigate their situation and institute measures for their benefit. In 1806 Friends of England sent above 11,000 for the use of Friends in this country in their missionary efforts among the aborigines. I have not been able to learn just how it was that the Shawnee ribe was the one selected as the object of special attention. They had been as far back as 1676 a singularly restless tribe, even among the nomads of America. They had wandered from Georgia into Pennsylvania and taking up their abode on the Schuyl- kill, were present at the famous Shackarnaxon treaty. In the next century we find them in Ohio, on the lands of the Wyandottes, in what is now Auglaize County ; and WORK OF FRIENDS AMONG THE SHAWNEES. 685 to these villages the efforts of Friends were permanently directed. With others, Friends came on the westward wave, and the care of the Indians, which had de volved on Baltimore Yearly Meeting, became that of eastern Ohio, and in 1821 that of the far western Yearly Meeting of Indiana, Friends of Baltimore acting as treas urers of the English funds, and Ohio and Indiana Friends performing the labor. At the first Indiana Yearly Meeting, held at Richmond in 1821, and composed of members in western Ohio and eastern Indiana, the work was fairly assumed by that body, and has ever since been under its management in a mission among the Shawnees, till President Grant's " Indian policy" somewhat modified the line of operations. The pioneers of that day did not regard wind or weather, storm, and the absence of roads, and we can scarcely appreciate the sacrifice of comfort, time, and money at which the work at Wapakonetta was carried forward. The first report in 1822 states that a deputation of Friends had an interview with the chiefs, which resulted in the purchase by them of a tract adjoining the Indian reserve, the erection of a dwelling and school-house, and all the concomitants of pioneer clearing. Four Friends in charge gave the infant enterprise its first impulse, and the little school resulted satisfactorily to all parties. The first year was full of encouragement ; many Indians opened farms, made considerable progress in agriculture, and improved decidedly in habits of sobriety. The boys in the school were instructed in farming, and surpassed expectation in their readiness to perform the required duties. Mills were erected very early, and the Indians taught to grind their grain, thus relieving the women of pounding hominy, in lieu whereof they were taught to bake bread. At the risk of his life, one of the Friends, employed as miller, interfered to save an Indian woman who was condemned to be executed as a witch ; his firmness, presence of mind, and earnest appeals and teaching not only saved her life, but effectually obliterated their heathenish practice of burning witches. Said Colonel Johnston (Indian agent) : " If you never did any other good, this one incident would repay you for all your care here." The school continued with short intermissions, and very satisfactorily, and the Indians steadily improved in farm and household arts, in steady habits and morality till 1826, when began a long period of unsettlemeut and unhappiness, consequent upon the re moval of part of the tribe to the west of the Mississippi, and the uncertainty of the fate of the remainder, designing white men constantly infusing into their minds the idea that so soon as their lands were improved, the Government would remove them, and the Quakers would take the farms. Spite of all these discouragements the work went bravely on, with improvements suggested by experience. Thus far only boys had been instructed in manual labor, but wheels and wool rolls were sent for the girls, and they became quite proficient in spinning. Boys were sent into Friends' families at a distance, to have the full benefit of Christian homes apart from the association of their own people. The school farm was now in a measure self-sustaining, and it was well, for, owing to a secession in Baltimore Yearly Meeting the person to whom the English fund had been intrusted declined to pay anything more, and the whole charge was left upon the new colonies of Ohio and Indiana. Neither disheartened nor dismayed, they fell back on their own resources; the work might be crippled by the sudden loss of income, but it must be prosecuted, and so it was, under all the adverse circumstances. In 1831 the treaty was concluded, ceding the Wapakonetta lands, and it is but one more in the long chain of those obtained by fraud and misrepresentation. The Indians soon discovered they had been duped, and a deputation of chiefs, accompanied by Friends, prepared to substantiate their claims, went to Washington to seek redress. None could be ob tained from the Executive, but owing to the extreme efforts of General Vance, inem.- ber of Congress from Ohio, who became apprised of the true state of affairs, Congress gave some relief. After the visit of Friends to Washington the chiefs delivered an address expressive of their thanks and appreciation for their many services, and especially for this, and were very determined to have a school west of the Mississippi. But much suffering 686 INDIAN EDUCATION AND CIVILIZATION. remained before them ; they had been deceived as to the time of the removal, had no supplies, and were reduced to the verge of starvation. Finally under this cloud they bid tearful farewell to the happy hunting ground of Ohio, more like the galled slave than the cheerful, willing emigrant. Friends applied to the Secretary of War for per mission to visit them, presenting their plan; it was fully indorsed and permission granted for them to carry it out. Every effort was to be made to bring them under Christian influences, and to this end it was proposed that the mechanics required to be kept at the agency by the Govern ment be Friends. Year by year the scope of religious instruction had extended with the Bible as the foundation, but there had been no effort to proselyte them, although the public worship to which they were invited and which they frequently attended was in unison w ith their own crude views of the Great Spirit. At this time Frienda of England sent 300, as the whole previous endowment of 11,000 had been turned from its original channel by the defection of the treasurer from Friends. In sending it they were most zealous and careful in impressing upon those in charge the im portance of religious training paramount to everything else. The Indians gave the nse of a farm and consent for Friends to build thereon for their benefit. They were building good houses for themselves, had procured some hogs and cattle, and were in a fair way to comfort. The school was not re-opened till 1837, but the time was not lost. They were improving in agriculture and becoming more fixed and steady in their habits. They were much gratified at the resumption of the school in a good school-house and now bid fair to surpass their white neighbors. The school was sus tained till 1861 with but short intermissions, through many vicissitudes, but the whole progress was cheering, and the gains steady and in the aggregate large. The whole tribe showed its influence, and the homes of the women who had been educated there bore its impress in an unmistakable manner. Both boys and girls were oc casionally sent to Ohio to be educated away from their own home influences and in Christian homes, remaining till they attained their majority. The most careful ap proximation will average the school from 1821 to 1854 at twenty-five scholars, taught all the ordinary English branches, and with an annual expenditure of $1,000, ex clusive of the farm products and large amounts of clothing and supplies donated, the children being clothed as well as fed, and specially instructed in the Scriptures daily and also in Sabbath schools. In 1854, in consequence of changing their relations to the Government in some partic ulars, and the Kansas troubles of border ruffianism, affairs were again unsettled and the school suspended for a short time. There was much effort to sow dissension and disaffection between the Friends and the Indians, but it was only in a small de gree successful. With doubled expenditure the school, being resumed, continued till 1861, having gradually assumed the character of a home for orphans without regard to tribe. It was then discontinued for a year or more, and re-opened at the request of the chiefs, they agreeing to pay the expense from their ample school fund. It was thus sustained till nearly the time of General Grant's change in the administra tion of Indian affairs, with an average attendance of fifty pupils and an average ex penditure of $100 per capita. The forty-eight years of the care of Indiana Yearly Meeting may be summed up as having cost in cash $55,000, beside clothing, produce, and supplies, of which there is no means of ascertaining the value. The following account of the mission of the Society of Friends of Western Yearly Meeting among the East Cherokees in North Carolina, Is by B. C. Hobbs, educational agent : During Jackson's administration the Cherokee lands in North Carolina, South Car olina, Georgia, Alabama, and Tennessee were coveted by the whites. The Cherokees were organized into two distinct bands, since known as the East and the West Chero kees. The West band was much the more numerous. It may have numbered six WORK OF FRIENDS AMONG THE EAST CHEROKEES. 687 times the East band, and was the more powerful. Each baud had distinct possessions. The lands of the East band were in south'- west North Carolina, extending west into Tennessee and south into South Carolina and Georgia, containing about 10,000,000 acres of mountainous lands, with fertile valleys, rich copper, iron, lead, and mica mines, and abounding in beautiful streams and rich forests. In 1835 the West Cherokees were induced to enter into treaty with the United States by which all their lands were sold for possessions in the Indian Territory and obligations for commutation and subsistence, for education, etc. The East Cherokees declined to unite their fortunes with their brethren in the sale, but the Government accepted the consent of the Western band and the signatures of their chiefs and head-men as sufficient evidence of sale to convey the title to both domains. In this way the East Cherokees lost their entire possessions, and their fatherland was made the home of the white man. The West Cherokees were forced west by an army, virtually driven to their new homes. Many perished by the way. The East Cherokees refused to go, and seeking impenetrable hiding-places among the mountains, their capture was abandoned. A supplementary treaty was entered into, and they were permitted to remain. About f 100,000 was assured them for commutation and subsistence. They purchased about 60,000 acres of their lost lands, and eked out a support from the soil, under humiliating disadvantages. Their laud purchase, agricultural implements, and attorneys in time reduced their funds more than one-half, and about the year 1878 the remainder was converted by Congress into a trust fund, drawing 5 per cent., for educational pur poses; $6,000 could be expended annually for this purpose, which would make an an nual reduction of the principal of $4,000. The Society of Friends of Western Yearly Meeting in Indiana, in conjunction with the Friends in North Carolina, seeing that in ten years the Cherokees would be im poverished by expenditures made under the law, offered their services to conduct at least four schools seven months in the year with the interest of their funds, they supplementing the Government appropriation by an annual payment of $600. Five schools have been kept up since the year 1881, averaging each about twenty scholars. Five school-houses have been furnished with good desks and other fur niture. Four school-houses have been built, a boarding-house, and teacher's resi dence, and a system of instruction inaugurated creditable to the band and the State. The Commissioner of Indian Affairs has given aid in building when the necessities of the case have required a greater expenditure than we could well make. Application was made, in 1883, to the Secretary of the Interior for twenty girls as boarders, under the provision for educating Indian children in schools within the States, and he made the assignment desired. For two years these children, ranging from an age of six to eighteen years, have had a cheerful and happy home under warm-hearted Christian instructors, and have been carefully trained in needle- work and domestic arts, in which they have shown much skill and proficiency. One year ago twenty boys wers added to this number, who, in addition to a careful training in the English language and the elementary branches of a common school course, have been practically taught gardening and field work. They are ready and cheerful in all forms of labor assigned them. They are easily controlled and kind and affectionate towards each other and their instructors. * * * An appropriation was made during last Congress of $4,000 for additional buildings. A large building is now completed and used as a training school home, and a carpen ter and smith shop, a shoe shop, and farming, gardening, smith, carpenter, and other tools will equip the training home for girls and boys and enable us to instruct them in industrial pursuits and the use of tools. It is our expectation to add a nursery to our line of work during another year. Their country is well adapted to fruits much better than the low-lands of the South and this may yet be a source of much profit to them. jOsjfenQTOft JLJtX'^rV These people have had a hard life-struggle, and as a new railroad has woiind its way down the mountain valleys to the south-west, from Asheville to a well-watered, 688 INDIAN EDUCATION AND CIVILIZATION. well- timbered country and to the rich mines of iron, copper, lead, mica, and even silver and gold, their future success must depend on their culture and their ability to command the English language. While a majority of them within their bounda ries have an imperfect acquaintance with English, they are intensely anxious for their children to learn it. They advance in writing and speaking it rapidly ; they spell and write with surprising excellence in a twelvemonth. Their young hearts easily yield to Christian influences when lovingly taught. Dur ing the first year in our training school work nineteen out of the twenty girls were evidently brought into a satisfactory Christian experience, and the boys, during the past year, have indicated, by their attentive and cheerful obedience, hopeful indica tions for the future. The adults have a representation equal to that of the whites in the Methodist and Baptist Churches. * * * The agencies assigned in 1869 to this branch of the Friends' Society were the Cheyenne and Arapahoe, Kiowa, Comaiiche and Wichita, Osage, and Sac and Fox, Indian Territory. In 1883, these Friends had missions at Cheyenne and Arapahoe? Osage, Quapaw, and Sac and Fox agencies; had charge of Tunesassa boarding-school, Allegauy Reservation. New York; paid the expenses of pupils at White's manual labor school (Indian) in excess of the amount paid by the Government, and also the schools among the East Cherokees, METHODIST EPISCOPAL CHURCH (NORTH) MISSIONS. As early as 1816 this church began missionary work among the Del- a wares and Wyandottesin Ohio. In 1822 it inaugurated missions among the Creeks and Cherokees of Georgia and Alabama. The missions suffered considerably from the enforced removal of these tribes to the Indian Territory in 1826, 1827, and 1830. In 1822 the society started missions among the Chippewas cf Michigan and Wyan- dottes on the Huron River, in the Canadas, and also among the Potta- watomies of Illinois. In 1828 work was begun among the Choctaws between the Tombigbee and Mississippi Rivers. In 1830 they had schools and used the English language. The work was interrupted by their removal beyond the Mis sissippi. At a very early period this society established missions among the Oneidas and Onondagas, in New York State. The great body of the former were removed later to Green Bay, Wis. The mission was con tinued and still exists at Green Bay. In 1830 a very successful wort was started among the Shawnees. In 1832 among the Hurons at Sault Ste. Marie. In 1834 a mission was established among the Indians of Oregon in the Willamette Valley. In 1869 the following agencies were assigned this denomination : Hoopa Valley, Round Valley, Tule River in California ; Yakarna, Neah Bay, Quinaielt in Washington Territory; Klamath, Siletz in Oregon; Blackfeet, Crow, Fort Peck in Montana; Fort Hall, Lemhi in Idaho; and Mackinac in Michigan. METHODIST EPISCOPAL CHURCH MISSIONS. 689 This society had in 1878 missions in California, central New York, northern New York, Columbia Eiver, Michigan, and south Kansas, Wisconsin. 1 In 1884 there were four missions in New York, fourteen in Michigan, one in Montana, one in Wisconsin, one in Oregon, and two in Washing ton Territory. These missions report chiefly to the conferences, so that their condition and statistics must of necessity be imperfectly repre sented here. 2 METHODIST EPISCOPAL CHURCH (SOUTH) MISSIONS. At the division of the Methodist Episcopal Church in 1844 arrange ments were made to place the Indian tribes in the South-west in the charge of the southern branch. Missionary operations were undertaken by it among the Pottawatomies, Chippewas, Peorias, Weas, Wyandottes r Shawnees, Delawares, Kickapoos, Quapaws, Cherokees, Chickasaws, Choctaws, and Creeks. The church employed, when its work was fully established, thirty-one missionaries, white and Indian, in this field. The following schools were under the control of the denomination, viz : Indian Mission Manual Labor School in Kansas Territory ; Fort Coffee Academy and New Hope Seminary among the Choctaws; and Chicka- saw Academy and Morris Seminary among the Chickasaws. Mission ary enterprises were stopped by the War, but were resumed as soon after its close as practicable. Two schools were revived by 1870, the Asbury Manual Labor School for males in the Creek Nation, 3 and the New Hope for girls in the Choc- taw Nation. 4 The female academy, Semiuole Nation, Indian Territory, had in 1883 an attendance of thirty pupils. 5 MORAVIAN CHURCH MISSIONS. The remarkable labors of this church among the Indians during the eighteenth century are too well known to need more than mention. The work then begun has never ceased. A remnant of the Christian Indians who were driven to Canada are still under the care of this soci ety upon a reservation there. The following shows the present mission ary work : Among the Delawares we have one mission station in Kansas, at New Westtield. Ottawa post-office, Franklin County, begun in the year 1866. It Ks in charge of the Rev. C. Steinford, and numhers about seventy-five members, I believe. (We have no recent statistics.) Among the Cherokees in Indian Territory we have two stations, Spring Place and Woodinount, in charge of the Rev. T. M. Rights, whose address is New Spring Place, Tahlequah post-office, Indian Territory, and the Rev. J. B. Line- back, Oaks, Cherokee Nation, Indian Territory. The memberships of these two sta- the Sixtieth Annual Report of the Methodist Episcopal Church for 1878. 2 From Sixty-sixth Annual Report, 1884. 3 School-house burnt and school suspended for a year; re-opened October 15, 1883. 4 Dr. McFefrin's report. 5 Report of Commissioner of Indian Affairs, 1883, p. 244. S. Ex. 95 -- 44 690 INDIAN EDUCATION AND CIVILIZATION. tionsis probably from one hundred and fifty to two hundred. Sunday schools are at all these stations. Our Cherokee mission dates from the year 1801. l PRESBYTERIAN CHURCH (NORTH) MISSION. The first organized effort to establish Presbyterian missions among the North American Indians was made in November, 1833, by the West ern Foreign Missionary Society. The annual report of 1834 of this society mentioned the fact that a 4t mission to the western Indians" had been established; that the Eev. William D. Smith had passed the pre vious summer in conferring with the Shawnees, Delawares, Kickapoos, Kansas, Ottawas, Weas, lowas, and Omahas, and that his investiga tions had been approved by the executive committee. In 1833 two mis sionaries, accompanied by their wives and several other ladies, were sent to the Weas. The annual report of May, 1835, mentions the fact that the Weas exhibited a disposition to receive the missionaries with respect; that a school was in successful operation, and the Indians had built themselves log dwellings. In 1837 a mission was established among the lowas and Sacs. In the winter of 1838-39 two missionaries began their labors at Mackinac in behalf of the Chippewas and Ottawas. In 1841 Eev. Eobert M. Loughridge was sent to the Greek Indians west of Arkansas, and finally succeeded in establishing a mission among them. Early in 1845 a boarding-school was opened at the Creek Station, which was well attended. In 1844 the Spencer Academy in the Choc- taw Nation, which had been transferred to the care of the board, was opened with sixty pupils. A boarding-school was opened among the lowas in the summer of 1846. This same year a mission was established among the Omaha and Otoe Indians at the forks of the Missouri and Papion Eivers. In December, 1848, the Indian Department offered to place under the directions of the board, a boarding-school for girls in the Chickasaw Nation, to contain eighty or one hundred pupils. The offer was ac cepted, and the Eev. Mr. Eamsey was sent out to select a site. In June, 1848, a school was begun at the Creek Agency. In July, 1848, a boarding-school house was erected for the Otoes and Omahas. In 1851 a female boarding-school among the Chickasaws was built. At this time there were two missionaries among the Creeks, one at Tallahassee and the other at Kowetah. The boarding-school at Talla hassee had eighty pupils. There were, beside, three other boarding- schools ; temperance societies had been formed, churches organized, the law against the Christian religion had been abolished, and the desire for schools was almost universal. In December, 1856, a mission was established among the Kickapoos, a school with twenty boys was opened, and buildings for the accommo dation of fifty pupils had been erected. 1 Letter from J. Taylor Hamilton, secretary of the Society for the Propagation of the Gospel. MISSIONS OF THE PRESBYTERIAN CHURCH. 691 MISSIONS OF THE PRESBYTERIAN CHURCH (SOUTH) AMONG THE CHOC- TAWS, CHICKASAWS, AND CHEROKEES. The Indian Presbytery of the Presbyterian Church, South, reports 12 churches, beside 24 stations which are visited by missionaries. There are 29 elders and 9 deacons ; 85 persons were added to the church dur ing the year. The total number of communicants is 639. In the Sunday schools there are 25 teachers and 334 scholars. In the orphan school there are 46 pupils. 1 This work is chiefly among the Choctaws, of whom there are 18,000, and Cherokees, of whom there are 22,000. 2 In 1857 the Rev. E. D. Mackey was sent out to investigate the condi tion of the Blackfeet Indians, at the headwaters of the Missouri. He recommended the establishment of a permanent mission among them, and the board appealed to the Government to aid in the establishment of such a mission. The agencies'assigned this denomination in 1869 were : Navajo ; Mes- calero Apache; Pueblo in New Mexico ; Kez Percys in Idaho; Uintah in Utah. In 1875 the Presbyterian Church had schools and missions among the following tribes: TheChippewas, Omahas, Creeks, Seminoles, Senecas, Dakotas, Nez Perces, and Indians in New Mexico. The Forty-eighth Annual Eeport of the Board of the Presbyterian Church states that there are prosperous missions among the Senecas, Chippewas, Dakotas, Omahas, Winuebagoes, lowas, and Sacs, Creeks, Seminoles, Choctaws, and Nez Percys. THE WOMAN'S EXECUTIVE COMMITTEE OF HOME MISSIONS. The Board of Home Missions some years since came to the conclusion that the progress of its work in Indian countries would be facili tated by the establishment of schools prior to the planting of churches. It was not within the province of the board to do this, and the General Assembly called upon the women of the church to undertake this school work. Their response was prompt and the work was begun. The Woman's Executive Committee of Home Missions was formally organ ized December 12, 1878. The work among the Indians in New Mexico and Alaska was begun a short time previous. Schools were started among the Jemez Indians in 1878. Albuquerque, a central industrial boarding-school for all the Pueblos, was opened in 1880; the Choctaw orphan school in 1882; and also a school at Muscogee among the Creeks. A school at Fort Gibson for the Cherokees was opened in 1883. In 1833 the boarding- school among the Sioux at Sisseton Agency came under the care of the 1 Annual Report of Executive Committee of Foreign Missions of the Presbyterian Church, April 1, 1887. * The Missionary for July, 1837. 692 INDIAN EDUCATION AND CIVILIZATION. committee; since that time buildings costing over $4,000 have been erected. In Alaska the mission at Fort Wrangell was begun in July, 1877, and at Sitka in 1878. In the summer of 1880 a school was estab lished among the Chilcat Indians. Both a day-school and a refuge for girls have been opened, and two good buildings erected, together with a branch school 30 miles up the Chilcat Eiver. Shortly after, a mis sion was started at Hoonyah. On the Prince of Wales Island, in the southern part of Alaska, a school was opened in August, 1881. 1 In 1886 the Woman's Executive Committee had in the field seventy- seven teachers and twenty-seven schools in successful operation. ROMAN CATHOLIC CHURCH MISSIONS. The Eoman Catholic missions within the limits of the United States closed, for the most part, before the Revolutionary War ; a few stations were kept up until far into the present century. Three missions have been inaugurated since the present form of government; the first mis sion was established in Michigan, the second in Kansas and the Indian Territory, and the third in Oregon Territory. The work among the Ottawas of Michigan resulted from the visit of Gabriel Eichard to the principal town of the Ottawas of Mackinaw in 1799, and again in 1821, but a priest was not permanently located among these Indians until 1829. Within a year a prayer book had been com piled and printed, and schools for boys and girls established. 2 Other missionaries were located among neighboring tribes. A permanent mission among the Menomonees and Pottawatomies was begun about 1843. The scattered missionaries among the tribes of Kansas and the Indian Territory were at first dependent on the diocese of St. Louis, but later a vicariate was established with headquarters at the Pottawatomie mission. The purchase of Louisiana enabled the Jesuits to resume their labors in the Territory. The missions in Oregon were begun in 1 ! 837 and 1838, by two Cana dian priests, Blanchet and Deiners, and in the present limits of Montana in 1810, by De Smet. In 1869 the following agencies were assigned this denomination: Tulalip and Colville, in Washington Territory ; Giand Honde and Um- atilla, in Oregon; Flathead, in Montana; Standing Eock and DeviPs Lake, in Dakota. The existing missions are given by the Bureau of Catholic Indian Missions, in its statistics of July 1, 1884, to June 30, 1885, as follows : They have schools at Turtle Mountain Indian Eeservatiou, Dakota ; DeviPs Lake Indian Agency, Dakota ; Yankton, Dakota; Standing Statement of Mr. Oscar E. Boyd, recording secretary of the Board of Home Mis sions. 2 Shea : American Catholic Missions, p. 388. UNITED PRESBYTERIAN CHURCH MISSIONS. 693 Eock Agency, Dakota ; Flathead Indian Agency, Montana ; Umatilla Indian Agency. Oregon ; Grand Eonde Agency, Oregon ; Colville In dian Agency, Washington Territory ; Tulalip Indian Agency, Wash ington Territory ; also at Coaur. d'Aleiie Indian Eeservatiou, Idaho 5 Menoinonee Indian Eeservation, Wisconsin; Feehanville, Illinois ; Clon- tarf, Minnesota ; Avoca, Minnesota ; Collegeville, Minnesota ; White Earth Indian Agency, Minnesota. UNITED PRESBYTERIAN CHURCH MISSION. In 1869 the Warm Springs Agency, Oregon, was assigned to this denomination. The following statement is furnished by their board of home mis sions i 1 Our work is among the Warm Springs and other tribes, or parts of tribes, collected upon the Warm Springs Reservation in eastern Oregon. The Rev. R. W. McBride and wife are the missionaries. Our church has erected a home for them at the agency, where we have a congregation of seventy-seven members, made up almost entirely of Indian Christians. At Sinemasho, 20 miles north of the agency, a Sabbath-school is regularly maintained, with the help of white people, on or near the reservation, and Mr. McBride frequently visits and preaches to the Indians in that vicinity, but as yet we have no regular church organized. The progress made, though slow, is encouraging. The Indians generally show an earnest desire to be taught the Gospel, attending services well, and sending their children to the Sabbath-schools. Besides the building of the home for our missionary, which cost over $1,600, we have spent upon the mission work in the last seven years $6,450. Furnished June 2$, 1887, by William S. Owens, D. D., corresponding secretary.