INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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PART III.—EXECUTIVE ORDERS RELATING TO INDIAN RESERVES.
Arizona | California | Colorado | Idaho | Indian Territory | Iowa | Kansas | Michigan | Minnesota | Montana | Nebraska | Nevada | New Mexico | North Dakota | Oklahoma | Oregon | South Dakota | Utah | Washington | Wisconsin | Wyoming

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INDIAN TERRITORY

Cherokee Reserve.
[In Union Agency; area, 6,906 square miles; established by treaty February 14, 1833; December 29, 1835; July 19, 1866, and by act of March 3, 1893 (27 Stat., 670).]


Cheyenne and Arapaho Reserve.

(For reserve set apart for Cheyennes and Arapahoes in Colorado, see Colorado, ante page 832.)

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, June 19, 1869.

SIR:     I have the honor to acknowledge the receipt, by reference from the Secretary of the Interior on the 10th instant, of a letter from Adjt.

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Gen. E. D. Townsend, bearing date the 9th instant, inclosing a copy of a telegram dated Fort Leavenworth, Kans., June 8, 1869, from Maj. Gen. J. M. Schofield to General W. T. Sherman, recommending that the reservation for the Arapaho Indians be changed from its present location to the North Fork of the Canadian River, and requesting a report thereon from this office.

By the terms of the treaty with the Cheyenne and Arapaho tribes of Indians, proclaimed August 19, 1868, it is provided in the second article thereof that “the United States agrees that the following district of country, to wit: Commencing at the point where the Arkansas River crosses the thirty-seventh parallel of north latitude; thence west on said parallel—the said line being the southern boundary of the State of Kansas—to the Cimarron River (sometimes called the Red Fork of the Arkansas River); thence down said Cimarron River, in the middle of the main channel thereof, to the Arkansas River; thence up the Arkansas River, in the middle of the main channel thereof, to the place of beginning, shall be, and the same is hereby, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them.”

It will be seen from the language of the second article of said treaty, just quoted, that a reservation upon which they are now located has already been provided for said Indians within the boundaries in said article designated, but I am of opinion that it would be better for both the Indians and the Government if they were to be removed to the North Fork of the Canadian River in accordance with the suggestions of General Schofield, provided any authority can be found for removing and locating said Indians in the manner contemplated.

Should you be of opinion that such authority exists, and determine in pursuance thereof to cause a removal of said Indians to be made from their present reservation, I would suggest that a tract of country be set aside for their occupation and use bounded as follows, viz: Commencing at the point where the Washita River crosses the ninety-eight degree of west longitude; thence north on a line with said ninety-eighth degree to the point where it is crossed by the Red Fork of the Arkansas (sometimes called the Cimarron River); thence up said river, in the middle of the main channel thereof, to the north boundary of the country ceded to the United States by the treaty of June 14, 1866, with the Creek Nation of Indians; thence west on said north boundary and the north boundary of the country ceded to the United States by the treaty of March 21, 1866, with the Seminole Indians, to the one hundredth degree of west longitude; thence south on the line of said one hundredth degree to the north boundary of the country set apart for the Kiowas and Comanches by the second article of the treaty concluded October 21, 1867, with said tribes; thence east along said boundary to the point where it strikes the Washita River; thence down said Washita River, in the middle of the main channel thereof, to the place of beginning.

The territory comprised within the boundaries last above designated contains a small portion of the country ceded to the United States by the terms of the treaty with the Creek Indians concluded June 14, 1866; a portion of the country ceded to the United States by the terms of the treaty with the Seminole Indians concluded March 21, 1866, and the remainder is composed of a portion of what is commonly known as the “leased country.”

Inasmuch as this office has no information upon the subject, except that conveyed by the telegram of General Schofield, which is very meager and indefinite, I am unable to determine the causes which seem to require this change, and I would therefore respectfully suggest,

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unless there is some pressing necessity which will admit of no delay, whether it would not be well to refer the matter to the proper officers of this bureau for investigation and report before any action is taken.

The letter of Adjutant-General Townsend, together with the copy of the telegram of General Schofield, is herewith returned.

Very respectfully, etc.,
E. S. PARKER, Commissioner.

Hon. W. T. OTTO,
      Acting Secretary of the Interior.


DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, D. C., August 10, 1869.

SIR:      Referring to my report to you of the 19th of June last, relative to the change of location of the reservation for the Cheyenne and Arapaho Indians, I now have the honor to submit, herewith, copies of the following letters relative to this subject, viz:

Letter from Superintendent Hoag, dated the 31st ultimo, inclosing letter from Brevet Major-General Hazen, dated the 24th ultimo.

Letter from Superintendent Hoag, dated the 4th instant, inclosing letter from General Hazen, dated the 2d instant.

It appears from these letters that the Cheyennes and Arapahoes did not understand the location of the reservation as defined by the treaty of August 19, 1868; that they have never been upon said reserve, and do not desire to go there, but that they desire to locate on the North Fork of the Canadian, some 60 miles below Camp Supply; that the agent for these tribes has a large quantity of valuable stores in this locality, which are very much exposed.

Inasmuch as these Indians express a desire to be located upon a reserve, I think it very desirable that their wishes should be gratified, and that they be not permitted to again roam on the plains. I therefore respectfully recommend that the President be requested to authorize the location of these Indians on the North Fork of the Canadian River, where they desire to go, and that immediate steps be taken to provide temporarily for them there. The country desired by them is public land, and I think it competent for the President to direct their location thereon. In view, however, of the fact that these Indians have a reservation defined for them by treaty stipulation, legislation can be asked of Congress at the coming session to insure a permanent reservation for them where they may locate, and abandon as a reservation the present one, restoring it to the public lands.

Very respectfully, your obedient servant,
E. S. PARKER, Commissioner.

Hon. J. D. COX,
      Secretary of the Interior.

AUGUST 10, 1869.

The recommendation of the Indian Commissioner approved.

J. D. COX, Secretary.

Approved August 10, 1869.

U. S. GRANT,
President.


Chickasaw Reserve.
[In Union Agency; area, 7,271 square miles; established by treaty of June 22, 1855.]

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Chilocco Industrial School Reserve.
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.


Choctaw Reserve.
[In Union Agency; area, 10,871 square miles, established by treaty of June 22, 1855 (11 Stat., 611).]

Creek Reserve.
[In Union Agency; area, 4,811 square miles; established by treaties of February 14, 1833, and June 14, 1866, and act of August 5, 1882 (22 Stat., 265).]


Fort Reno Military Reserve.
WAR DEPARTMENT,
Washington City, July 17, 1883.

To the PRESIDENT:

SIR:      Upon recommendation of the post commander, concurred in by the commanding general, Department of the Missouri, and the lieutenant-general, I have the honor to request that the following-described tract of land in the Indian Territory, located within the limits of the Cheyenne and Arapaho Indian Reservation, created by Executive order dated August 10, 1869, be duly declared and set apart by the Executive as a military reservation for the post of Fort Reno, viz:

Beginning at the northwest corner of section 28, township 13 north, range 8 west of the Indian meridian, and running thence east to North Fork of the Canadian River; thence down this stream to the range line between ranges 7 and 8 west of the Indian meridian; thence south on said range line to the southeast corner of section 36, township 13 north, range 8 west of the Indian meridian; thence east to the northeast corner of township 12 north, range 8 west of the Indian meridian; thence south to the southeast corner of section 12 of said township; thence west to the southwest corner of section 9 of said township; thence north to the northwest corner of section 4 of said township; thence west to the southwest corner of section 33, township 13 north, range 8 west of the Indian meridian; thence north to the point of beginning, containing an area of about 14 5/6 square miles, or 9,493 acres.

A sketch showing the proposed reservation is inclosed herewith, and the Interior Department reports that there is no objection on the part of the Indian Office to the setting apart for military purposes exclusively of the tract of land herein described.

I have the honor to be, sir, with great respect, etc.,
ROBERT T. LINCOLN, Secretary of War.

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EXECUTIVE MANSION, Washington, July 17, 1883.

The within request is approved, and the reservation is made and proclaimed accordingly.

The Secretary of the Interior will cause the same to be noted in the General Land Office.

CHESTER A. ARTHUR.


Fort Supply Military Reserve.*

*   See Appendix II, post, page 1047.

WAR DEPARTMENT,
Washington City, January 16, 1883.

To the PRESIDENT:

SIR:      I have the honor, upon the recommendation of the commanding general Department of the Missouri, concurred in by the Lieutenant-General and approved by the General of the Army, to request that the United States military reservation of Fort Supply, Indian Territory, originally declared by Executive order dated April 18, 1882, 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 water 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 southwest 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 interposed to the enlargement of the reservation in question as herein indicated.

The Commissioner of Indian Affairs, however, with the concurrence of the Secretary 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.

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 land set apart for this post may be required by the Secretary of the Interior for Indian purposes the same shall be relinquished by the military, upon notice to that effect to the Secretary of War; and the Executive order of April 18, 1882, is modified to this extent.

The Secretary of the Interior will cause the same to be noted in the General Land Office.

CHESTER A. ARTHUR.


Iowa Reserve.
EXECUTIVE MANSION, 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

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south bank of the Cimarron River; thence up said Cimarron 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 beginning, 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.


Kickapoo Reserve.
EXECUTIVE MANSION, August 15, 1883.

It is hereby ordered that the following-described tract of country in the Indian Territory, viz: Commencing at the southwest corner of the Sac and Fox Reservation; thence north along the western boundary of said reservation to the Deep Fork of the Canadian River; thence up said Deep Fork to the point where it intersects the Indian meridian; thence south along said Indian meridian to the North Fork of the Canadian River; thence down said river to the place of beginning, be, and the same hereby is, set apart for the permanent use and occupation of the Kickapoo Indians.

CHESTER A. ARTHUR.


Modoc Reserve.
[In Quapaw Agency; established by act March 3, 1875 (18 Stat., 447). Lands are all allotted.]


Oto Reserve.
DEPARTMENT OF THE INTERIOR,
Washington, June 25, 1881.

SIR:      Agreeably to your recommendation of the 13th instant, the following-described lands in the Indian Territory, west of the ninety-sixth degree, west longitude, in the tract ceded to the United States by the Cherokees, for the settlement of friendly Indians, by the sixteenth article of their treaty of July 19, 1886, are hereby designated and assigned for the use and occupation of the confederated Otoe and Missouria tribes of Indians, under the provisions of the act of Congress approved March 3, 1881 (21 Stats., p. 381), namely:

Township 22 north, range 1 east, containing 23,013.70 acres.
Township 23 north, range 1 east, containing 23,018.79 acres.
Township 22 north, range 2 east, containing 23,049.27 acres.
Township 23 north, range 2 east, containing 22,945.91 acres.
Township 22 north, range 3 east, containing 22,986.69 acres.
Also that portion of township 23 north, range 3 east, lying west of the Arkansas River, containing 14,098.84 acres.
Total acreage, 129,113.20 acres.

The papers which accompanied your letter before noted are herewith returned.

Very respectfully,
S. J. KIRKWOOD, Secretary.

The COMMISSIONER OF INDIAN AFFAIRS.


Ottawa Reserve.
[In Quapaw Agency; area, 2 ½ square miles; occupied by Ottawa of Blanchards Fork and Roche de Boeuf; established by treaty of February 23, 1867. Part allotted by act of March 3, 1891 (26 Stat. 989).]

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Peoria Reserve.
[In Quapaw Agency; occupied by Kaskaskia, Peoria, Wea, Miami, and Piankashaw tribes; area, 10 ¾ square miles; established by treaty February 23, 1867.]


Quapaw Reserve.
[Established by treaties of May 13, 1833, and February 23, 1867.]


Seminole Reserve.
[In Union Agency; area, 571 ¾ square miles; established by treaty March 21, 1866, and act of July 1, 1898 (30 Stat., 567).]


Seneca Reserve.
[In Quapaw Agency; area, 40 ¾ square miles; established by treaties of February 28, 1831, December 29, 1832, and February 23, 1867.]


Shawnee Reserve.
[In Quapaw Agency; occupied by Seneca and Eastern Shawnee; area, 4 square miles; established by treaties of July 20, 1831, December 29, 1832, February 23, 1867, and act of March 3, 1875 (18 Stat., 447).]


Wyandot Reserve.
[In Quapaw Agency; area, 1 square mile; established by treaty of February 23, 1867.]


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