SAC AND FOX AGENCY. – Under this agency are 500 Sac and Fox, 688 Absentee Shawnees, and 355 Mexican Kickapoos.
their eastern boundary surveyed, it was found that what few improvements they had ventured to make, as well as their best land, were in the Cherokee reservation. Another compromise was effected and a new boundary-line established, and those who had any courage left for farming began to plant. Two hundred acres were put under cultivation in the year 1872, from which good crops were realized, and since then they have been making steady progress.
The Osages have continued peaceable though it is the usual time for them to make a "quick hunt" on the plains. All the leading men desire their people to respect the orders of the Government, by remaining on their reservation. The issuing of rations on account of labor has stimulated many of them, who never labored before, to improving the roads from their villages to the agencies, and cutting house-logs. That provision in the appropriation bill requiring service for food is working admirably. All the leading men of the tribe have now given up their opposition to civilization. There never was so much enthusiasm for improvement. When four or five heads of families will agree to cut logs and assist each other in building houses, I provide a suitable white man to select the trees and assist them in hewing the logs and putting up their houses. About 300 acres of wheat have been sown on the small farms of the blanket Indians; some of it was taken by the grasshoppers, and is being sown again, the owner assisting by driving a harrowing team. Several of these have also been digging wells.
During their summer hunt a party of twenty-nine Osages, including ten women and children, having among them but four muzzle-loading guns and revolvers, wandered into an uninhabited portion of Kansas in which the privilege of hunting had been reserved to them, and were near Medicine Lodge on their way home with a large quantity of dried meat, when a party of forty armed white men came within half a mile
of their camp. The Osages sent out to speak with them, were received in a friendly manner, and then disarmed and detained. 0thers, by twos, continued coming until eight were held as prisoners, four of whom were immediately shot, the others almost miraculously making their escape. The camp was then attacked, whose inmates fled for their lives, leaving
everything behind. They were pursued for three or four miles under a shower of bullets, and after five days reached the agency in an almost naked and starving condition. Three bodies, scalped and mutilated, were afterward found, but the fifty-four ponies and mules and other property were either taken off or destroyed. Fearing that the Osages would take summary vengeance, these murderers rushed to the governor of Kansas, were enrolled as militia, and since, with others, on the plea of defending the terrified settlers from murderous savages, have been hanging around the borders of the reservation, ready to fire on the slightest pretext. They refuse to deliver up the property, and, while they boast of the deed, decline to give any statement under oath to the United States commissioner as to the facts in the case. Meantime the Osages remained on their reservation, quietly waiting, and looking to the Government for protection and justice.
pupils, seven of these being for freedmen. In addition to these is the Cherokee Female Seminary, the primary department with 45 and the high school with 25 pupils. In the primary department students are clothed, boarded, and taught entirely at the expense of the nation, while to high-school students only the tuition is free.
clothed by their parents, and all other expenses of the boarding-schools are defrayed from the national fund. Two-thirds of the Creeks can read and write their own language.
An Indian fair, held at Muskogee, in October, was in every respect a success, bringing together many people from the surrounding tribes.
Chickasaws are in an anomalous condition. They have their freedom, but are without equal rights and privileges. There is no reason in justice or equity why these negroes should not be treated by the Government as a constituent part of these Indian nations, and share with them in all the rights of landed property and educational facilities. They are orderly, industrious, and eager for the education of their children, and yet are obliged to expend their labor upon farms to which they have no title, and which when once well improved are not infrequently taken from them. Their children grow up in ignorance, in sight of schoolhouses which they may not enter.
year. The year's crops, through drought and grasshoppers, are almost a failure. For four successive seasons their crops have suffered more or less from these causes, so that, although their advancement in civilization has been very great, they are still largely dependent on Government bounty.
CALIFORNIA.
The Sac and Fox are on a fine reservation of 483,840 acres, 375 of which they have cultivated. They are still blanket Indians, but are modest, temperate, and making steady progress, as shown during the past year by the building of houses, digging of wells, and purchase of plows, wagons, and harnesses, all paid for out of their annuity, which is $60 per capita. They own 1,000 horses and 1,000 head of cattle, and over 2,000 hogs. Their manual-labor boarding-school, attended by twenty-eight out of the forty-eight children of the tribe, is in a flourishing condition.
About 80 Sac and Fox in Iowa, before referred to, and 200 comprising the band of Mokohoko, who are persistent vagrants in Kansas, should be removed to this reservation, which is more than ample to furnish all with a comfortable home.
The Absentee Shawnees more than thirty years ago left the main body of the tribe, then located in Kansas, and opened farms in the Indian Territory, mainly within a tract thirty miles square, adjoining the Seminoles, set apart in 1867 as a reservation for the Pottawatomies, and have since supported themselves with no aid from the Government, except for education. By the provision of the act of May 23, 1872, their lands have been allotted in severalty, and they are to-day an industrious people, whose chief pursuit is the raising of stock. They own large herds of mules, horses, cattle, and hogs. This occupation obliges them to make homes so remote from each other that the attendance on the day-school is necessarily small. If a manual-labor boarding-school could be established, which they greatly desire but are not able to support, the present attendance of twenty pupils would soon be more than doubled.
The Kickapoos are a portion of those who, about twenty-five years ago, separated from the tribes then in Illinois and emigrated to the Indian Territory, and thence to Mexico, which country has since afforded a safe retreat from justice after raiding on the Texas frontier. A special commission last year visited them in Mexico and succeeded in securing their removal to the Indian Territory, and their location on the North Fork of the Canadian River, notwithstanding much opposiion on the part of the Mexicans, who claimed tbem as a protection from the Mescaleros and Lipans.
OSAGE AND KAW AGENCIES. – The Osage and Kaw agencies have been consolidated under one agent.
The Osages, numbering according to last enrollment 2,872, are on a reservation, purchased of the Cherokees, bounded by the State line of Kansas, the ninety-sixth meridian, and the Arkansas River. It contains 1,466,643 acres, of which one twenty-fifth is suitable for tillage and one
half for grazing, and about one-half is sparsely wooded with scrub-oak. They are the remnants of a powerful people which has made but one treaty with the United States, and kept that inviolate. Because of their
persistent peace and friendship they incurred the contempt and hatred of the wild tribes, which finally resulted in open war, in which the Osages suffered severely and have been subjected to continued depredations and outrages on the part of the whites. Their fertile reservation in Kansas was so overrun by lawless settlers, who took forcible possession of
their cultivated fields, robbed and burned their houses, stole their stock, and plundered their graves, that at last they relinquished their lands in that State, which were sold by act of Congress July 15, 1870, and removed to the Indian Territory. After waiting one year to have
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During the year they have made peace with the Pawnees, and not only took no part in the Indian war just closed, but used their utmost endeavors to prevent it. They have committed no depredations, and but one man has been reported intoxicated. Small corn-fields have been enlarged, 8,000 rods of fencing made, and all are anxious to sow wheat. Nearly all the half-breeds, about 300, are educated, wear civilized dress, have good houses and farms, and are self-supporting. Most of the remainder are still blanket Indians, taking their first lessons in the school of labor. Of these, seventy-five families are living in comfortable hewed log-houses, (28 of which have been built during the year,) surrounded by cultivated fields, and possess horses, hogs, and poultry, and in some cases wagons, farming-implements, and cows. Twenty have been furnished this year with a wagon, plow, and harness as a reward for the cultivation and fencing of ten acres. The remainder of the tribe have from half an acre to five-acre fields under cultivation, and generally inclosed by fence. They own 12,000 horses, 3,000 head of cattle, and 2,000 swine; 3,000 acres have been cultivated this year and 790 broken. After planting, the majority were forced to go on the buffalo-hunt for subsistence, but in a few weeks, on account of the hostilities of the plains Indians, were called home, to find their crops nearly destroyed by drought and grasshoppers. Without food and deprived of their hunting privileges, they are entirely dependent on the use of their funds for support until they can raise another crop. Fortunately, at the last session of Congress authority was granted for such liberal use of these funds as will prevent suffering, and at the same time add largely to the impulse toward civilization. Two schools have an attendance of one hundred and twenty-five pupils.
Like the Otoes, the Osages were informed last year,, during their visit to Washington, that hereafter all issues would be made only in return for labor. As to the workings of this plan among blanket Indians, after one year's trial, their agent reports:
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A commission appointed to investigate the matter find the facts substantially as stated above, and recommend that the governor of Kansas be requested to restore the plunder taken from the Osages by the militia, and that, if the governor fails to comply with such request, the United States Government be held responsible to make good the pecuniary loss suffered by the Osages.
Attention is invited to the annual report of Agent Gibson for a detailed account of this dastardly affair.
The Kaws have the same language and customs as the Osages. They number 523, and are on a tract of 100,000 acres in the northwestern corner of the Osage reservation, to which they were removed from Kansas in June, 1873. For three years the prospect of their early removal greatly retarded their civilization, but the possession of permanent homes has proved a powerful stimulus to industry.
Nearly all the men have labored faithfully in the cultivation of 200 acres and making preparations for the coming year, but have lost most of their crops by drought and grasshoppers. A large number of ponies have been exchanged for swine. They are taking claims, splitting rails and making general improvements. A scbool-house to accommodate seventy-five boarding pupils, another for a day-school, and a house for the agent, all of stone, besides an office, a warehouse, and residences for the blacksmith and physician, of hewed logs, have been completed during the year; also four log-houses built and occupied by half-breeds. The school opened in August with fifty-four pupils.
UNION AGENCY. – The Cherokees, numbering 17,217, (including 1,300 freedmen,) have a reservation of 12,007,351 acres in the northeast part of Indian Territory with some 50,000 acres under cultivation. Their principal crop, corn and potatoes, owing to drought has this year proved a failure. Wheat-raising has but lately been introduced, and the crop, though uninjured, is small, being only 1,500 bushels. Small quantities of cotton were raised with good success, for exportation. The Cherokees depend much upon the hay cut from their prairies, not only for feeding their live-stock, but as a source of revenue, large quantities being annually sold to drovers for the herds driven from Texas to Kansas; but the drought dried up the grass, so that but little hay was gathered. The failure of these crops is likely to entail great suffering.
Sixty-five day-schools are in operation, with a total of about 1,900
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The Cherokee Orphan Asylum continues in successful operation, giving a home and school to nearly a hundred children. It still occupies the male seminary building, but it is hoped that the new building for the orphan asylum, now in process of erection, will be completed and occupied, and the male seminary be re-opened for school purposes, in a few months. The Cherokee asylum is also being built, which will supply a home for the blind deaf, dumb, insane, and indigent of the nation.
The Seminoles number 2,438, and are living upon a reservation just west of the Creeks. By an unfortunate mistake in the running of the line separating the land ceded to the Government by the Creeks for the use of Seminoles, the latter are located upon Creek territory. The Creeks refuse to sell the land thus occupied, although many improvements have been made thereon, and propose that the Seminoles merge their nationality with that of the Creeks. The fact that the two tribes speak the same language is much in favor of such a union but the Seminoles are strongly averse to it. They prefer to retain their present system of per capita payments of annuities instead of using them for the public good. They are a quiet, industrious people, living by farming and stock-raising. In civilization they are not so far behind their neighbors as might have been expected from their comparatively inferior advantages. They have had four day-schools in operation, but, owing to some dissatisfaction among the people, the attendance has been small and the success limited.
The Creeks number about 13,000, (including 2,000 freedmen,) and are located on a reservation of 3,215,495 acres, in the eastern part of the Indian Territory.
They have no per capita payments being made to this tribe, their support coming entirely from individual labor, and they are almost exclusively engaged in farming and stock-raising, although a few have adopted mechanical parsuits. Between thirty and forty thousand acres under cultivation. Their principal crop is corn, but large quantities of wheat and vegetables are raised, aud many families cultivate cotton, which they spin and weave or knit for their own use. The soil and climate are favorable to fruit-growing, and many orchards are already bearing, while more fruit-trees are planted each year. Last spring larger crops were planted than ever before, and a plenteous harvest was anticipated, but losses by drought, grasshoppers, and prairie fires combined to make it a year of disaster; notwithstanding, fair crops have been gathered.
The general condition of the tribe seems prosperous. The climate is admirably adapted to herding, and the value of live-stock owned by the Creeks is estimated at a million and a quarter of dollars. The dissensions so long prevalent in Creek politics seem at last to have arrived at an amicable settlement.
There are thirty-oue day-schools, twenty of which are taught by native teachers. Five of them are for freedmen, who enjoy equal privileges, with the exception of being debarred from all benefit of the boarding-schools. Of these there are three, with a total of 200 pupils, conducted under the auspices of the Methodist and Presbyterian Boards, who furnish the teachers and pay their salaries. The children are
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The Creeks share with the other people in the Indian Territory the fear of being dispossessed of their land, and regard every movement looking toward the survey and the apportioning their lands in fee as a preliminary step to that end, and hence make the most strenuous resistance to a survey.
The Choctaws and Chickasaws, confederated for national purposes, number respectively 16,000 and 6,000, and are located on adjacent reservations in the southeastern part of the Territory, containing 11,337,958 acres. They are a comparatively intelligent, wealthy Indian people, engaged in stock-raising and agriculture, the principal products being wheat and corn, and they cultivate cotton to some extent. Each nation has its own domestic government, represented by a governor, and council holding annual sessions. The laws, however, are both inadequate to cover the cases arising and are inefficiently executed. As a cousequence, while the majority of these Indians are orderly and law-abiding, very little coercion or restraint can be brought to bear upon the lawbreakers. Several murders have been committed during the year, two of them in attempts to collect debts of less than $5 value, and the murderers have gone unpunished.
The funds of these tribes are paid by the United States to their respective treasurers, and by them disbursed under direction of the national councils. The school-funds are ample, and the number of academies, seminaries, and neighborhood-schools is sufficient to educate all the youth of the two tribes, but being under their exclusive control, incompetent teachers and inferior accommodations are provided. Over 408 pupils were reported in the Chickasaw schools last year. These schools are largely upon the boarding-school plan, but by the process of "farming out" boarding-schools to the lowest bidder, which is a peculiar feature in the educational system of the Chickasaws, they have little efficiency and the results are correspondingly meager, notwithstanding the fact that the Chickasaws expend a larger amount per capita for strictly educational purposes than any other tribe. Among the Choctaws there were reported fifty schools, two of them being boarding-schools, which, under the care of religious bodies, are efficient and prosperous.
The Choctaw and Chickasaw people hold their vast domain in common. If divided per capita their land would average 515 acres per family. The Chickasaws have been desirous of availing themselves of a treaty stipulation by which their lands are to be surveyed and divided in severalty among themselves; but the Choctaws, who were a party to the treaty, being themselves unwilling to adopt such measures for their own country, have refused to give their consent to the division of the Chickasaw land among the Chickasaws; and it has been held by the Department that, under the treaty of 1866, such division of Chickasaw lands cannot be made, so long as the Choctaws withhold their consent, without special legislation by Congress. This action on the part of the Choctaws, in holding their brethren to the exact terms of the treaty, and contrary to their wishes and interests, merits the attention of Congress, and should be remedied by the necessary special legislation.
The negroes who were formerly owned as slaves by the Choctaws and
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A serious difficulty in the not distant future is before these tribes, arising from the large and steady influx of white people. Since the emancipation of their slaves, these Indians have sought exemption from labor by inviting emigration of the lowest whites from the surrounding States, to whom they rent their lands for one-third of the crops raised. These whites, once in the country, are seldom known to leave, and thus their numbers are rapidly increasing; the result will be a mixture of the lowest white blood with the Indian, thus propagating instead of curing the indolence and unthrift with which they are already cursed, and from which they can be delivered only by the example and competition of industrious and enterprising white neighbors. Rather than that the country should be filled with this class of emigrants, it would be for the better interests of these Indians to open it to white settlement in the ordinary way.
All the agencies of the above five tribes, viz: Cherokee, Choctaw, Chickasaw, Creek, and Seminole, have during the year been consolidated into one, with headquarters at Muscogee, Indian Territory. For greater efficiency in all the educational interests of these tribes, it is eminently desirable that there should be attached to this agency a superintendent of education, whose duty it shall be to advise and co-operate with the educational officers of the different tribes in the erection and furnishing of school-buildings, selection of teachers, and management of schools, and to furnish this Bureau with full and reliable statistics. There is no reason to doubt that the services of such an officer would yield a very large return in awakened interest, improved methods, and efficient administration of educational affairs.
WICHITA AGENCY. – The affiliated bands of Caddoes, Wichitas, Tawacanies, Keechies, Penetethka Comanches, with 360 Pawnees, numbering in all 1,897, living on a reservation of 1,221,120 acres, of which one-fifth is tillable, and most of the remainder valuable for grazing and timber.
The Caddoes include the Ionies and Delawares, who have hitherto been reported as separate bands, but have recently united under the Caddo chief. The affiliated bands, among whom the Caddoes are prominent for their industry and general intelligence, are remnants of tribes originally living in Louisiana, Texas, Kansas, and the Indian Territory. At the time of the establishment of the agency, in 1870, no improvements had been made upon the reservation, and all the Indians were living in lodges or grass houses. More than two-thirds of the tribe are now engaged in agriculture; they occupy more than one hundred log houses, largely built by their own labor, cultivate 1,585 acres, fenced by themselves, and own 6,000 horses, 1,800 head of cattle, and 2,000 swine. A saw and grist mill, shops for blacksmith, wheelwright, carpenter, and shoemaker, residences for employés, and two buildings for a day and boarding school have been erected. These schools have been attended during the year by 111 pupils. The boarding-school was filled to its utmost capacity, and increased accommodations will be required next
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These tribes exert an important influence by the good example which they never fail to set their wild neighbors, the Kiowas and Comanches on the south, and the Arapahoes and Cheyennes on the north, with whom, as well as the Government, they are on most friendly terms, and by whom they are frequently visited. During a fight in July last, near the Wichita River, between the United States troops and the wild tribes, a large amount of property belonging to the peaceable and loyal Wichitas was destroyed. The depredations of whisky-sellers and white horse-thieves upon these tribes are a serious obstacle to their progress, the agent finding it almost impossible to secure the conviction of the marauders even after their arrest.
The Pawnees left their reservation in Nebraska last winter, and came hither against the remonstrances of their agent. Circumstances rendering it difficult to force them to return, and the removal of the whole Pawnee tribe to the Indian Territory being under consideration, they were allowed to remain and draw rations, and have this year joined the Wichitas in farming.
KIOWA AND COMANCHE, AND CHEYENNE AND ARAPAHOE AGENCIES. – The 1,700 Kiowas, 602 Apaches, 2,643 Comanches, and 30 Delawares, included in the former, and the 2,250 Cheyennes, 1,644 Arapahoes and 130 Apaches, included in the latter agency, have already been referred to at length, and a plan marked out for their future management. If this plan shall not be adopted it will be necessary to provide a separate agency for the Cheyennes. The stubborn loyalty of the Arapahoes during the troubles of the summer has opened a wide breach between themselves and the Cheyennes, who went almost in a body upon the war-path. The Arapahoes are also inclined to settle down and enter at once upon a civilized life. To enable them to do this, a separate agency farther to the east should be manned for the Cheyennes, and when the additional 3,000 Arapahoes from the Sioux country have been removed south, these united bands will be more than can be economically managed at one agency.
A few acres have been cultivated by Indians in each agency with no result, owing to severe drought. A boarding-school, attended by 45 Arapahoes, has hardly been interrupted during the year. The school at the Kiowa agency has had an attendance of 39 pupils, none of whom, however, are the children of Indians belonging to the agency.
even to the lands from which they and their fathers had for hundreds of years derived a comfortable living. This class of Indians seems forcibly to illustrate the truth that no man has a place or a fair chance to exist under the Government of the United States who has not a part in it.
HOOPA VALLEY AGENCY. – The Hoopa, Redwood, and Siah bands of Indians are located on the Hoopa Valley reservation, in the northwestern part of California, on both sides of the Trinity River, near its junction with the Klamath. They number: Hoopas, 496; Redwoods, 60; and Siahs, 110. This reservation of 38,400 acres is in one of the most inaccessible parts of the coast-range, and is reached by two trails, both of which are impassable in the winter season. Only about 1,200 acres are suitable for farming, all of which is inferior land. The timber is valuable, but not abundant in accessible places. These Indians all live in houses, wear citizens' dress and are peaceable and well disposed, but have not yet made much advance in civilization. The greatest obstacle to their improvement is the presence of a garrison of soldiers upon their reservation who set the Indians the worst possible examples of licentiousness and drunkenness. From the latter vice, however, the Indians have so far kept themselves almost entirely free. It is recommended by the agent and inspector that this garrison be removed. Four hundred and fifty acres have been cultivated during the year and 80 acres broken. The crop consists of 2,500 bushels of wheat and 100 bushels, of potatoes. Besides the agency stock the Indians own, individually, 35 horses, 2 mules, and 115 hogs; 139,563 feet of lumber have been sawed, and 12 houses built, 2 for employ–s and 10 for Indians The saw-mill has undergone extensive repairs, which will treble its capacity. There is a day-school in which 107 pupils have been taught during the year, several of whom have learned to speak English. The increased interest of these Indians in education and their general improvement are encouraging. A Sabbath-school is well attended.
ROUND VALLEY AGENCY. – The Potter Valley, Pitt River, Redwood, Ukie, Wylackie, Cancow, and Little Lake Indians, numbering in all 1,200, are on a reservation of 31,683 acres of fine farming, grazing, and wood lands, in Northwestern California, on which they cultivate small patches in vegetables, but depend mainly on fishing and hunting. They wear citizens' dress, and are quite easily governed. The two schools have been attended by 120 pupils. Under the influence of their religious teachers a remarkable change in the character and life of nearly the whole tribe has taken place during the year, in the renouncing, not only their pagan customs and beliefs, but the vices of gambling, swearing, drinking, &c, learned by contact with so-called civilization. About 200 homeless Ukiales and 800 other Indians in Colusa and Lake Counties should be placed on this reservation.
TULE RIVER AGENCY. – The Tules and Tejons, numbering 307, have been located on 400 acres on the Tule River, rented by the Government since 1867. In regard to this lease Inspector Kemble reports:
From such information as I am able to acquire, I learn that this farm comprises between four and five hundred acres of agricultural land. It was originally the home of the Tule Indians. Under the superintendency of T. Henley, about seventeen years ago, they were removed and their lands taken up by the chief clerk, T. Madden, who located school-warrants upon them. The Indians were then taken back to their old homes, and the Government have since paid from one thousand to nineteen hundred and twenty dollars annual rent for the land now occupied. Two sections of Government land taken by a former agent for the use of the Department at this place, fenced and partially cultivated, have also been suffered to fall into the hands of parties anxious to emulate the example of the individual above named. These parties are now demanding rent for their occupation by the Government, having taken possession of them with their improvements and while the grain was growing in the field.
The reservation, containing 64,000 acres, set apart for these Indians by executive order January 9, 1873, has but 200 acres of inferior tillable land, with some grazing-lands and valuable timber. Two-thirds of the whole are rocky and mountainous. Upon this reservation nine houses, a blacksmith shop, and a barn were erected; but, owing to change of agents and want of funds, the work was stopped, and, at the opening of spring, the body of the Indians were still on the Madden farm, where their crops this year have been mostly raised, only forty acres being cultivated on the new reservation.
A school, with twenty-five pupils, was maintained during six months of the year.
OREGON.
SILETZ AND ALSEA AGENCIES. – The Coast tribes, consisting of fourteen small tribes in the former, and the Coos, Umpquas, Alseas, and Sinselaws in the latter agency, numbering in all 1,343, are living along the Pacific coast on a reservation containing 2,050 square miles. Those at Siletz are industrious, wear citizen's dress, and support themselves mainly by farming and working for white settlers. They have cultivated, individually, with some Government help in the way of teams, nearly a thousand acres, raising 36,000 bushels of wheat, which if a grist-mill were within reach, would render the tribe self-supporting. Their general improvement during the year is marked. Many have purchased teams and cows from farmers in the vicinity in return for labor. Notwithstanding the failure of their potato-crop last season, and the subsequent struggle to sustain life through the winter, the cattle of settlers ranged untouched along the borders of the reservation within two miles of the agency. They have built for themselves this year 20 houses, making the whole number 150. A small day-school has been maintained and a manual-labor school has recently been opened.
profitable, and 300 cattle, mostly cows and heifers, have, during the year, been issued to individual Indians, for which they have provided a full supply of hay. These Indians are industrious and contented and unusually free from the ordinary Indian vices. A boarding-school, with separate dormitories for boys and girls built during the year, has been opened, and is attended by 25 pupils. The saw-mill is run mainly by Indian labor. Three hundred thousand feet of lumber have been sawed, and a contract for 210,000 feet for the military department at Fort Klamath is being filled.
Respecting the removal of the remaining portion of the Modoc tribe to the Indian Territory, reference is respectfully made to a communication from the secretary of the board of Indian commissioners, which is stibmitted herewith.
A serious question affecting the rights of the Klamath Indians to their reservation has arisen on account of a grant of land to aid in the coustruction of a wagon-road. It is impossible to convince the Indians that when a certain tract of land has been set apart for their exclusive use, their Great Father could ever give it away the second time to another party, and there is little question but that they will stoutly resist any attempt of persons owning the land-grants to make any settlement or disposition of land within the boundary-lines of their reservation, and I deem it quite important that an early adjustment of the matter be had. The following, is a brief statement of the case:
An act of Congress, approved July 2, 1864, granted to the State of Oregon, to aid in the construction of a military wagon-road from Eugene City, by way of the Middle Fork of Willamette River and the most feasible pass in the Cascade range of mountains, near Diamond Peak, to the eastern boundary of the State, alternate sections of public lands, designated by odd numbers, for three sections in width on each side of said road. Subsequently, on the 14th of October, 1864, a treaty was concluded (ratified February 17, 1870,) between the United States and the Klamath and Modoc tribes and Yahooskin band of Snake Indians, by the terms of the first article of which the United States recognized the existence of the Indian title or claim to the region of country therein described, by having the Indians cede and relinquish their right, title, and claim thereto to the United States, with the proviso, "that the following-described tract within the country ceded by the treaty shall, until otherwise directed by the President of the United States, be set apart as an Indian reservation." Then follows a description of the tract of country reserved. (See Stat. at Large, vol. 16, p. 708.) The route of the wagon-road hereinbefore mentioned passes through the tract of country reserved, as above quoted, for Indian purposes, and the odd sections falling within said description have been approved to the State of Oregon, since the ratification of said treaty, for the benefit of the road within limits of said road to the extent of 93,150.41 acres. In this connection it is suggested that if the Indian title had not been extinguished and was in existence, the same being recognized to the region of country in question by the treaty of October 14, 1864, the grant to the State of Oregon made by the act of July 2, 1864, which is confined to public land, did not attach to any of the lands within the limits of this reserve. And if the grant did not attach, steps should be taken, if practicable, to have the approval of the lands to the State annulled; but if such annulment is deemed impracticable, the Indians should be protected in their rights and their fears quieted by re-imbursement by Congress for the value of the lands which have been approved to the State.