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.
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NEBRASKA

Niobrara Reserve.
[In the Santee Agency; occupied by the Santee Sioux; established by act of March 3, 1863 (12 Stat., 819, and treaty April 29, 1868, article 6, paragraph 4.]
DEPARTMENT OF THE INTERIOR,
Washington, D. C., February 26, 1866.

SIR:     I have the honor to submit herewith a letter addressed to this Department by the Commissioner of Indian Affairs, requesting the reservation from preemption or sale of townships 31 and 32 north, range 5 west, and townships 31 and 32 north, range 6 west of the principal sixth meridian, in Nebraska Territory, until the action of Congress he had, with a view to the setting apart of these townships as a reservation for the Santee Sioux Indians now at Crow Creek, Dakota; and recommend that you direct those lands to be withdrawn from market and held in reserve for the purpose indicated.

I am, sir, very respectfully, your obedient servant,
JAMES HARLAN, Secretary.

The PRESIDENT OF THE UNITED STATES.

EXECUTIVE MANSION, February 27, 1866.

Let the lands within named be withdrawn from the market and reserved for the purposes indicated.

ANDREW JOHNSON,
President of the United States.

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EXECUTIVE MANSION, July 20, 1866.

Let the townships embraced within the lines shaded red on the within diagram be, in addition to those heretofore withdrawn from sale by my order of 27th February last, reserved from sale and set apart as an Indian reservation for the use of Sioux Indians, as recommended by the Secretary of the Interior, in letter of July 19, 1866.

ANDREW JOHNSON,
President.

The above order embraces township 31 north, range 8 west; township 31 north, range 7 west; that portion of township 32 north, range 8 west, and of township 32 north, range 7 west, lying south of the Niobrara River, and that portion of township 35 north, range 5 west, lying south of the Missouri River in Nebraska.

[For diagram, see letter from the Commissioner of the General Land Office, dated November 23, 1878.]


(For executive order of March 20, 1867, see “South Dakota,” ante page 896.)

DEPARTMENT OF THE INTERIOR,
Washington, D. C., November 15, 1867.

SIR:     For the reasons mentioned in the accompanying copies of reports from the Acting Commissioner of Indian Affairs and the Commissioner of the General Land Office, dated, respectively, the 7th and 13th instant, I have the honor to recommend that you order the withdrawal from sale, and the setting apart for the use of the Santee Sioux Indians, the following-described tracts of land lying adjacent to the present Sioux Indian Reservation on the Niobrara and Missouri Rivers in Nebraska, viz: Township 32 north, of range 4 west of the sixth principal meridian, and fractional section 7, fractional section 16, fractional section 17, and sections 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33, of fractional township No. 33 north, of range 4 west of the sixth principal meridian, be withdrawn from market, and that fractional township No. 32 north, of range 6 west of the sixth principal meridian, now a portion of the reservation, be restored to market.

I am, sir, very respectfully, your obedient servant.
O. H. BROWNING, Secretary.

The PRESIDENT.

NOVEMBER 16, 1867.

Let the within recommendations of the Secretary of the Interior be carried into effect.

ANDREW JOHNSON.


DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, D. C., August 28, 1869.

SIR:     I have the honor to call your attention to the inclosed copy of a letter from Superintendent Samuel M. Janney, dated the 20th instant, relative to the reservation of the Santee Sioux Indians in Nebraska.

The lands at present withdrawn from sale for the purpose of this reservation are as follows:

  Acres.
Township 32 north, range 4, west of sixth principal meridian 23,397.96
So much of the west half of the fractional township 33 north, range 4 west, as lies south of the Missouri River 7,571.40
Township 31 north, range 5 west 22,968.64

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  Acres.
Fractional township 32 north, range 5 west 21, 601.41
So much of fractional township 33 north, range 5 west, as lies south of Missouri River 8, 983.20
Fractional township 31 north, range 6 west 22, 568.10
Fractional township 31 north, range 7 west 21, 592.29
Fractional township 32 north, range 7 west 1, 460.42
Fractional township 31 north, range 8 west 22, 999.69
Fractional township 32 north, range 8 west 12, 051.92
  —————
Making the total area of present reservation 165, 195.03

The recommendation of Superintendent Janney, contained in his above-mentioned letter, is that the boundaries of the present reservation be changed as follows: That—

  Acres.
Township 31 north, range 4 west 22, 968.61
So much of the east half of fractional township 33 north, range 4 west, as lies south of the Missouri River, viz, fractional sections 2, 3, 10, 11, 14, 15, section 22, fractional sections 23, 24, sections 25, 26, 27, 34, 35, 36 7, 584.70
  ————
Total 30, 553.31

be added to the present reservation, and that—

  Acres.
Fractional township 31 north, range 6 west 22, 568.10
Fractional township 31 north, range 7 west 21, 592.29
Fractional township 32 north, range 7 west 1, 460.42
Fractional township 31 north, range 8 west 22, 999.69
Fractional township 32 north, range 8 west 12, 051.92
  —————
Total 80, 672.42

be restored to market.

The additional lands which Superintendent Janney recommends to be added to the present reservation contain an area of 30,553.31 acres, and the lands which he recommends to be restored to market contain an area of 80,672.42 acres. The reservation, therefore, if readjusted in this manner, will contain a total area of 115,075.92 acres.

I am of opinion that this change should be made, and respectfully recommend, should you approve, that the President be requested to direct that township 31 north, range 4 west of the sixth principal meridian, and so much of the east half of fractional township 33 north, range 4 west, as lies south of the Missouri River, viz, fractional sections 2, 3, 10, 11, 14, 15, section 22, fractional sections 23, 24, sections 25, 26, 27, 34, 35, and 36, be withdrawn from market and added to the present reservation; and that fractional township 31 north, range 6 west of the sixth principal meridian; fractional township 31 north, range 7 west of the sixth principal meridian; fractional township 32 north, range 7 west of the sixth principal meridian; fractional township 31 north, range 8 west of the sixth principal meridian, fractional township 32 north, range 8 west of the sixth principal meridian, which is a portion of the land previously withdrawn from sale by the President’s order of July 20, 1866, be restored to market, this being in accordance with the recommendation of Superintendent Janney, as above stated.

I transmit herewith a plat showing the boundaries of the present reservation, and the proposed changes of the same, which you will please to have returned to this office.

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

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

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DEPARTMENT OF THE INTERIOR,
Washington, D. C., August 31, 1869.

SIR: I have the honor to transmit herewith a report of the Commissioner of Indian Affairs of the 28th instant, and accompanying papers, in relation to proposed changes in the Santee Sioux Indian Reservation, as therein suggested, and respectfully recommend that the President order the restoration to market of certain lands designated in the Commissioner’s report, and the withdrawal from sale of the lands therein described.

With great respect, your obedient servant,
J. D. COX, Secretary.

WASHINGTON, August 31, 1869.

The within recommendation of the Secretary of the Interior is hereby approved, and the necessary action will be taken to carry it into effect.

U. S. GRANT.


EXECUTIVE MANSION, December 31, 1873.

It is hereby ordered that Executive order, dated August 31, 1869, adding certain lands to the Santee Sioux Indian Reservation in Nebraska, be, and the same is hereby, amended so as to exempt from its operation lots 1, 2, 3, and 4 of section 3, township 32, range 4, previously patented to Thomas J. Quinn, on Sioux half-breed scrip No. 349 D.

U. S. GRANT.


EXECUTIVE MANSION, February 9, 1885.

It is hereby ordered that all the lands within the Niobrara or Santee Sioux Indian Reservation, in the State of Nebraska, remaining unallotted to, and unselected by, the Indians of said reservation under the act of March 3, 1863, and the Sioux treaty of April 29, 1868, respectively, on the 15th day of April, 1885, except such as are occupied for agency, school, and missionary purposes, be, and the same are hereby, restored to the public domain from and after that date and made subject to settlement and entry on the after May 15, 1885.

CHESTER A. ARTHUR.


Omaha Reserve.
[Area, 23 ½ square miles; established by treaty March 16, 1854. March 6, 1865, and acts of June 10, 1872 (17 Stat., 391), June 22, 1874 (18 Stat., 170), August 7, 1882 (22 Stat., 341), and March 3, 1893 (27 Stat., 612).]


Ponca Reserve.
[In Santee agency; established by treaty March 12, 1858, March 10, 1865, and act of March 2, 1889 (25 Stat., 888).]


Sioux Reserve.
[In Pine Ridge agency; occupied by Oglala Sioux; area, 50 square miles.]

EXECUTIVE MANSION, January 24, 1882.

It is hereby ordered that the following-described tract of country in the State of Nebraska, viz: Beginning at a point on the boundary line between the State of Nebraska and the Territory of Dakota, where the

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range line between ranges 44 and 45 west of the sixth principal meridian, in the Territory of Dakota, intersects said boundary line; thence east along said boundary line 5 miles; thence due south 5 miles; thence due west 10 miles; thence due north to said boundary line; thence due east along said boundary line to the place of beginning, be, and the same is hereby, withdrawn from sale and set aside as an addition to the present Sioux Indian Reservation in the Territory of Dakota.

This order of reservation to continue during the pleasure of the President.

CHESTER A. ARTHUR.


Winnebago Reserve.
[Area. 43 square miles; established by act of February 21, 1863 (12 Stat., 658), June 22, 1874 (18 Stat. 170), and treaty March 8, 1865.]


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