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gentlemen appointed from time to time to fill vacancies caused by resignation or death:

Name.

State.

Date of appoint

ment.

Hon. Vincent Colyer..
Hon. John D. Lang.
Hon. Nelson J. Turney.
Hon. Thomas C. Jones
Hon. Francis H. Smith
Hon. B. Rush Roberts.
Hon. Clinton B. Fisk.
Hon. H. H. Sibley
Hon. Ezra A. Hayt...
Hon. Charles G. Hammond.
Hon. William Stickney..
Hon. Ezra M. Kingsley.
kon. A. C. Barstow..
Hon. D. H. Jerome
Hon. William Bingham.
Hon. William H. Lyon
Hon. Edward N. Stebbins
Hon. Charles Tuttle.......
Hon. George Stoneman.
Hon. Albert K. Smiley
Hon. Orange Judd .
Hon. William McMichael
Hon. John K. Boies
Hon. William T. Johnson
Hon. E. Whittlesey
Hon.C. R. Agnew..
Hon. Merrill E. Gates
Hon. John Charlton ...
Hon. William H. Morgan.
Hon. James Lidgerwood
Hon. William H. Waldby

June 23, 1869.
Maine

January 31, 1870.
Ohio

November 14, 1871. ....do

January 27, 1874.
District of Columbia.. January 27, 1874.
Maryland....

June 3, 1874.
Missouri.

July 3, 1874.
Minnesota

July 3, 1874.
New York'.

August 15, 1874.
Illinois.

September 22, 1874. District of Columbia.. November 17, 1874. New York.

February 9, 1875. Rhode Island

March 30, 1875. Michigan

January 11, 1876. Ohio...

February 25, 1876. New York.

January 12, 1877. New Jersey.

January 17, 1877
New York.

May 16, 1878.
California.

December 6, 1879.
New York.

December 9, 1879.

July 12, 1880.
Pennsylvania. April 26, 1881.
Michigan

April 26, 1881.
Illinois

April 27, 1881.
District of Columbia.. January 8, 1882.
New York...

June 27, 1881.
New Jersey

June 27, 1884.
New York.

January 28, 1885.
Tennessee .

1886. New York.

1886. Michigan

....do

,1886.

MEMBERS OF THE BOARD OF INDIAN COMMISSIONERS, WITH THIER

POST-OFFICE ADDRESSES.

The Board now consists of the following gentlemen :
Clinton B. Fisk, chairinan, 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. Charlton, Nyack, N. Y.
William H. Morgan, Nashville, Tenn.
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.

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, 238.24 1874.

7,362. 14 1875

12,618.70 1876

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 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 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 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 aud 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 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

States is bound to the State within which it lies to extingnish 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 sun 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. ? 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. ? Ibid., Vol. XII, p. 784.

793.

3 Ibid, p.

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), aud 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 bo reserved from sale and set apart for public uses. (Grisar r. McDonnell, 6 Wallace, 363; see page 381.) This practice doubtless bas 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 sereral 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

1 The Public Domain, 1883, p. 243.

*

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