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 surveyorgeneral, and shall cause a patent to issue therefor as in ordinary cases to private individuals: Provided, That this confirmation shall only be construed as a relinquishment of 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). Zuñi 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line of said Territory; thence north with said boundary line to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart as a reservation for the use and occupancy of the Zuñi Pueblo Indians.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 Mexico for the Zuñi Pueblo Indians, are not stated with sufficient definiteness to include within said reservation all the lands 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 between rauges 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 Zuñi settlements in the region of Nutria and Nutria Springs and the Pescado Springs; thence south following section lines to the township line between 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 hundred 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, 1835. It is hereby ordered that the Executive order dated May 1, 1883, explaining, defining, and extending the boundaries of the Zuñi 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. 95 -33 CHAPTER XVII. INDIAN RESERVATIONS OF NEW YORK. 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, Tonawanda, and Tuscarora Reservations.' NEW YORK AGENCY. [Post-office address: Gowanda, Cattaraugus 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). 2 Area and survey.-Contains 30,469 acres, of which 15,000 are classed as tillable. Cut-boundaries surveyed." Acres cultivated.-The Indians have 4,000 acres under cultivation.3 Tribes and population. The tribes living here are the Onondaga, Seneca, Tonawanda, and Tuscarora. Total population, 935.5 Location. This reservation is located on both sides of the Allegany 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 reservation. 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, numbering 2,341, own the Allegany and Cattaraugus Reservations, subject 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 Report of Indian Commissioner, 1886, p. 388. 3 Ibid., p. 432. 4 Ibid., p. 389. 5 shid., p. 402. 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 Onondagas and Cayugas 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 Company claims that this right embraces the fee of the land, and that the Indians have the right of occupancy only so long as their tribal relation continues. The Senecas claim the absolute ownership of these reservations in fee, subject only to the right of the Ogden Company or its assigns to purchase whenever they shall elect to sell.1 The Society of Friends at Philadelphia have for many years maintained a boarding and manual labor school adjoining this part of the reserve. OIL SPRING RESERVATION. How 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. Population 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 3 Ibid., 1 Report of Indian Commissioner, 1877, pp. 163,164. 2 Ibid., 1884, p. 274. 1886, p. 388. 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 River, in the State of New York, between the Seneca Nation of Indians and Robert 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 Pattison, by deed, dated November 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 Robert 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 land 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 Ellicott 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. There were other acts proved, showing that the Holland Land 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.' CATTARAUGUS RESERVATION. How established.-By treaties of September 15, 1797 (United States Statutes at Large, Vol. VII, p. 601), June 30, 1802 (United States Statutes 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. 164.) Area and survey.-Contains 21,680 acres,2 of which 12,000 are classed as tillable. Out-boundaries surveyed. Acres cultivated.-The Indians have 5,000 acres under cultivation.5 Tribes and population.-The tribes living here are the Cayuga, Onondaga, Seneca, Tonawanda, and Tuscarora. Total population, 1,515.6 Location.-Situated in Cattaraugus County; the reservation is 12 miles long, and averages about 3 miles in width. The land is very rich and fertile, 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 forfeit their reservations to the Ogden Land Company. The Senecas of the Allegany and Cattaraugus Reservations are incorporated by the laws of New York under the name of the Seneca Nation 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 republican form of government, with a president, council, treasurer, and clerk elected annually by ballot, also a peacemaker's court on each reservation having jurisdiction in actions between Indians and authority to administer upon estates of deceased persons." 1 Report of Indian Commissioner, 1877, p. 166. 2 Ibid., 1826, p. 388. 432. 3 Ibid., p. 4 |