The expenditures on account of the Board have been as follows:

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 REVIEW OF INDIAN RESERVATIONS.

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 demand 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 President 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 "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 territory 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 portion 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

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 patent to be executed to them, such lands to revert to the United States if the Indians become extinct or abandon the same. (Sec. 4.) Any improvements made upon exchanged lands to be appraised and value paid to persons claiming such improvements. 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 subsistence first year after removal. (Sec. 6.) Indians to be protected at their new residence 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, 1830.1

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 Minnesota. (See House Miscellaneous Document No. 68, Thirty-sixth Congress, 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 emigrations, but by force, either military or civil.

Reservations held by treaty, act of Congress, patent, or acknowledged 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 River and Gila River.
California.-Hoopa Valley and Round Valley.

Colorado.-Ute.

Dakota Territory.-Devil's Lake, Lake Traverse, Ponca, Sioux, and Yankton.

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. 3 Ibid, p. 793.

Minnesota.-Boisé Fort, Fond Du Lac, Grand Portage, Leech Lake, Mille Lac, Red Lake, White Earth, and Winnebagoshish.

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 Regis, Tonawanda, and Tuscarora.

North Carolina.-Qualla Boundary and other lands.

Oregon.-Grand Ronde, Klamath, Umatilla, and Warm Springs. Washington Territory.-Lummi, Makah, Nisqually, Port Madison, Puyallup, Quinaielt, S'Kokomish, Snohomish or Tulalip, Squaxim Island (Klah-che-min), Swinomish (Perry's Island), and Yakama. Wisconsin.-Lac Court Oreilles, Lac de Flambeau, La Pointe (Bad River), Red Cliff, Menomonee, Oneida, and Stockbridge. Wyoming Territory.-Wind River.

Reservations are set apart by order of the President at the request of the Indian Department.'

The authority for the President thus assigning portions of the public domain for Indian purposes is thus summed up by the Attorney-General 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 belonging 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 These

of June 14, 1809 (United States Statutes at Large, Vol. I, p. 547). 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. (Wilcox 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 Indian 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 legislation concerning the Indians and Indian tribes. The regulation of the relations of

The Public Domain, 1883, p. 243.

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 lauds therefore for Indian occupation may well be regarded as a measure in` the public 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 March 23, 1874, of lands in the State of Nevada for Indian occupation was passed upon. This case was thoroughly and vigorously contested, but the argument derived 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 examination of the authorities.

Reservations created by executive order can be restored to the public 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. Klamath River, Mission (21 reserves), Tule River, and Yuma.

Dakota Territory.-Crow Creek, Old Winnebago, Fort Berthold, and Turtle Mountain.

Idaho Territory.-Cœur d'Aléne and Lemhi.

Indian Territory.-Cheyenne and Arrapaho, Iowa, and Kickapoo.

Michigan.-Isabella.

Minnesota.-Deer Creek and Vermillion 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.--Malheur and Siletz.

Utah Territory.-Uintah Valley and Uncompahgre.

Washington Territory.-Chehalis, Columbia, Colville, Muckleshoot, Shoalwater, and Spokane.3

REGULATIONS PERTAINING TO INDIAN RESERVATIONS.

An act to prevent settlements being made on lands ceded to the United States until authorized by law, March 3, 1807.

(Sec. 1.) Lands of the United States, by whatsoever title acquired, not to be occupied, 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. Ibid., 1884, pp. 256-265.