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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COLORADO

Cheyenne and Arapaho Reserve.
(For other orders relating to reserve for Cheyenne and Arapaho, see Indian Territory, post page 839.)

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, January 14, 1868.

SIR:     I have the honor to acknowledge the receipt by reference from you on the 20th ultimo of a letter addressed to you by General John B. Sanborn, dated the 17th ultimo, requesting that patents may issue for selections described in this letter, to the half-breeds entitled under the fifth article of the Cheyenne and Arapaho treaty of 1865 (see pamphlet

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laws, second session Thirty-ninth Congress, Treaties, page 143), and upon which you direct a report of the views of this office. In reference to the same I would respectfully say that I doubt the practicability of having patents issued in the absence of the surveys.


It is provided in said fifth article of the treaty of 1865 that such lands shall be selected from the reservation established by the first article of the Arapaho and Cheyenne treaty of February 18, 1861 (see Statutes at Large, vol. 12, page 1163). In view, therefore, of the fact that many of the half-breeds entitled to selections under said treaty are settled and have made valuable improvements upon the lands they desire to have patented to them, and as there may be delay in the appropriation for the survey of the selections, during which time the railway company * * * may procure legislation granting them lands in the reserve from which the half-breed selections are provided by treaty to be made, I respectfully recommend that the President be requested to direct that this reserve be withdrawn from sale until these selections are made.


Vol. 2, p. 887.
Vol. 2, p. 807.

Very respectfully, your obedient servant,
C. E. MIX, Acting Commissioner.

Hon. O. H. BROWNING,
      Secretary of the Interior.

DEPARTMENT OF THE INTERIOR, January 16, 1868.

SIR:     I have the honor to submit herewith a communication from the Acting Commissioner of Indian Affairs, of the 14th instant, and accompanying paper, in relation to the selections of lands for half-breeds of the Cheyenne and Arapaho Indian tribes, under the fifth article of the treaty of October 14, 1868, with said tribes; and recommend that the Indian reservation therein referred to be withdrawn from sale until the selections are made as recommended.

Very respectfully, your obedient servant,
O. H. BROWNING, Secretary.

To the PRESIDENT.

[Indorsement.]

WASHINGTON, D. C., January 16, 1868.

Let the reservation within referred to be withdrawn from sale, as recommended by the Secretary of the Interior.

ANDREW JOHNSON.


DEPARTMENT OF THE INTERIOR, November 17, 1870.

SIR:      This Department has been informed by the Acting Commissioner of Indian Affairs, under date of the 16th instant, that patents for the selections of land for half-breeds under the fifth article of the treaty of 14th October, 1865, with the Cheyenne and Arapahoe Indians, have been issued, and that the object for which the withdrawal from sale of the reservation for said Indians was made, by order of the President, has been accomplished. You will take appropriate action with a view to restoring said reservation to market.

Very respectfully, your obedient servant,
W. T. OTTO, Acting Secretary.

The COMMISSIONER OF THE GENERAL LAND OFFICE.

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Ute Reserve.
[In Southern Ute Agency; occupied by Capote. Moache, and Wiminuche Ute tribes: established by treaties of October 7, 1863, and March 2, 1868; acts of April 29, (18 Stat., 36), June 15, 1880 (21 Stat., 199), July 28, 1882 (22 Stat., 178), May 14, 1884 (23 Stat., 22), August 15, 1894 (28 Stat., 337), and February 20, 1895 (28 Stat., 677); has been allotted in severalty and balance opened to settlement by proclamation April 13, 1899.]

EXECUTIVE MANSION, November 22, 1875.

It is hereby ordered that the tract of country in the Territory of Colorado lying within the following-described boundaries, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868 (Stat. at Large, vol. 15, p. 619); thence running north on the 107th degree of longitude to the first standard parallel north; thence west on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart for the use of the several tribes of Ute Indians, as an addition to the present reservation in said Territory.

U. S. GRANT.


EXECUTIVE MANSION, August 17, 1876.

It is hereby ordered that all that portion of country in the State of Colorado lying within the following-described boundaries, and forming a part of the Uncompahgre Park, viz: Commencing at the fifty-third mile-post on the north line of the survey of the boundaries of the Ute cession, executed by James W. Miller in 1875; thence south 4 miles; thence east 4 miles; thence north 4 miles, to the said north line; thence west to the place of beginning, be, and the same hereby is, withdrawn from the public domain and set apart as a part of the Ute Indian Reservation, in accordance with the first article of an agreement made with said Indians and ratified by Congress April 29, 1874 (Stats. at Large, vol. 18, p. 36).

U. S. GRANT.


EXECUTIVE MANSION, February 7, 1879.

It is hereby ordered that the following-described tract of country in the State of Colorado, to wit: Commencing at the intersection of the 37th parallel of north latitude with the 107th degree of west longitude; thence east along said parallel to the ridge described in Hayden’s Geographical and Geological Survey of said State as the “National Divide” of the San Juan Mountains; thence following said divide in a general northerly and northwesterly direction to longitude 107 degrees and 23 minutes west; thence due south to latitude 37 degrees and 17 minutes north; thence due east to the 107th meridian of west longitude; thence south with said meridian to the place of beginning, be, and the same is hereby, withdrawn from sale and settlement and set apart as a reservation for the Muache, Capote, and Weeminuchee bands of Ute Indians.

R. B. HAYES.


EXECUTIVE MANSION, August 4, 1882.

It is hereby ordered that the following-described tract of country in Colorado, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868 (Stats. at Large, vol. 15, p. 619); thence running north on the 107th degree of longitude to the first standard parallel north; thence west

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on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, withdrawn from sale and set apart for the use of the several tribes of the Ute Indians by Executive order dated November 22, 1875, be, and the same hereby is, restored to the public domain.


Vol. 2, p. 990.

It is hereby further ordered that the following-described tract of country in Colorado, viz: Commencing at the intersection of the 37th parallel of north latitude with the 107th degree of west longitude; thence east along said parallel to the ridge described in Hayden’s Geographical and Geological Survey of said State as the “National Divide” of the San Juan Mountains; thence following said divide in a general northerly and northwesterly direction to longitude 107 degrees and 23 minutes west; thence due south to latitude 37 degrees and 17 minutes north; thence due east to the 107th meridian of west longitude; thence south with said meridian to the place of beginning, withdrawn from sale and settlement and set apart as a reservation for the Muache, Capote, and Weeminuchee bands of Ute Indians by Executive order dated February 7, 1879, be, and the same is hereby, restored to the public domain.

CHESTER A. ARTHUR.


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