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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SOUTH DAKOTA

Crow Creek Reserve.
[Occupied by Lower Yauktonai, Lower Brulé, Miniconjou, and Two Kettle Sioux; area, 175 square miles; treaty, April 29, 1868, and act March 2, 1889 (25 Stat., 888).]

USHER’S LANDING, Dak., July 1, 1863.

SIR:     With this report I transmit a plat and field notes of the surveys made for the Sioux and Winnebago Reservation by Mr. Powers, and to which I desire to call your attention.

The reservation for the Sioux of the Mississippi is bounded as follows, to wit: Beginning at a point in the middle channel of the Missouri River, opposite the mouth of Crow Creek, in Dakota Territory, follow up said channel of the Missouri River about 14 miles, to a point opposite the mouth of Sne-o-tka Creek; thence due north and through the center of the stockade surrounding the agency buildings for the Sioux of the Mississippi and Winnebago Indians, about 3 miles, to a large stone mound; thence due east 20 miles; thence due south to the Cedar Island River or American Creek; thence down the said river or creek to the middle channel of the Missouri River; thence up said channel to the place of beginning.

Very respectfully, your obedient servant,
CLARK W. THOMPSON,
Superintendent of Indian Affairs.

Hon. WILLIAM P. DOLE,
      Commissioner of Indian Affairs.

(See An. Rep. Ind. Office for 1863, p. 318, and Stats. at Large, vol. 15, p. 635. Also Old Winnebago Reserve, Ex. orders February 27, 1885, and April 17, 1885.)


Drifting Goose Reserve.
EXECUTIVE MANSION, June 27, 1879.

It is hereby ordered that townships numbered 119, 120, and 121 north, of range 63 west, in the Territory of Dakota, be, and the same are hereby, set apart as a reservation for the use of &$147;Mag-a-bo-das” or “Drifting Goose” band of Yanktonais Sioux Indians.

R. B. HAYES.

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EXECUTIVE MANSION, July 13, 1880.

It is hereby ordered that townships Nos. 119, 120, and 121 north, of range 63 west, in the Territory of Dakoto, set apart by Executive order, dated June 27, 1879, for the use of “Mag-a-bo-das” or “Drifting Goose” band of Yanktonais Sioux Indians, be, and the same are hereby, restored to the public domain.

R. B. HAYES.


Old Winnebago Reserve.
USHER’S LANDING, DAK., July 1, 1863.

SIR:     With this report I transmit a plat and field-notes of the surveys made for the Sioux and Winnebago Reservations by Mr. Powers, and to which I desire to call your attention.

The reservation for the Winnebago Indians is bounded as follows, to wit: Beginning at a point in the middle channel of the Missouri River where the western boundary of the Sioux of the Mississippi Reserve intersects the same; thence north and through the center of the stockade surrounding the agency buildings of the Sioux of the Mississippi and Winnebago Indians, and along said boundary line to the northwest corner of said Sioux Reserve; thence along the northern boundary of said Sioux Reserve 10 miles; thence due north 20 miles; thence due west to the middle channel of Medicine Knoll River; thence down said river to the middle channel of the Missouri River; thence down the said channel to the place of beginning.

Very respectfully, your obedient servant,
CLARK W. THOMPSON,
Superintendent of Indian Affairs.

Hon. WM. P. DOLE,
Commissioner Indian Affairs.

(See An. Rep. Ind. Office for 1863, page 318, and also Stats. at Large, vol. 15, p. 635.)


EXECUTIVE MANSION, February 27, 1885.

It is hereby ordered that all that tract of country in the Territory of Dakota, known as the Old Winnebago Reservation and the Sioux or Crow Creek Reservation, and lying on the east bank of the Missouri River, set apart and reserved by Executive order dated January 11, 1875, and which is not covered by Executive order dated August 9, 1879, restoring certain of the lands reserved by the order of January 11, 1875, except the following-described tracts: Townships 108 north, range 71 west, 108 north, range 72 west; fractional township 108 north, range 73 west, the west half of section 4, sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west; fractional townships 107 north, range 71 west, 107 north, range 72 west, 107 north, range 73 west, the west half of township 106 north, range 70 west, and the fractional township 106 north, range 71 west; and except also all tracts within the limits of the aforesaid Old Winnebago Reservation and the Sioux or Crow Creek Reservation, which are outside the limits of the above-described tracts and which may have heretofore been allotted to the Indians residing upon said reservation, or which may have heretofore been selected or occupied by the said

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Indians under and in accordance with the provisions of article 6 of the treaty with the Sioux Indians of April 29, 1868, be, and the same is hereby, restored to the public domain.

CHESTER A. ARTHUR.

(The above order was annulled by proclamation of the President, April 17, 1885. See 23 Stats., 844.)


Santee Sioux Reserve.
DEPARTMENT OF THE INTERIOR,
OFFICE INDIAN AFFAIRS,
Washington, D. C., March 19, 1867.

As special commissioner I have concluded a preliminary arrangement with the Santee Sioux now at the mouth of the Niobrara, by which they consent to go into a reservation in the Territory of Dakota, and lying between the Big Sioux on the east, and the James River on the west, and between the forty-fourth and forty-fifth parallels of latitude. This reservation is selected with the approbation of the governor of the Territory and the Delegate in Congress, as also the surveyor-general of the said Territory. I am informed that there are no white settlements within its limits, and no part of it has yet been surveyed by the United States.

I would therefore request that an order be issued by the President to withdraw from market the lands embraced within the limits of the said reservation, so as to keep the whites from attempting any settlement within it. This, I am informed, has been the practice in many similar cases.

As it is important that the Indians should be removed as soon as possible, I would request that this order be issued immediately.

I am, with great respect, your obedient servant,
LEWIS V. BOGY,
Special Commissioner.

To the SECRETARY OF THE INTERIOR.
      Washington City.

P. S.—I hand you a letter from General Tripp, surveyor-general of Dakota, recommending the withdrawal of this land from market.

DEPARTMENT OF THE INTERIOR, March 20, 1867.

I respectfully lay before the President the proposition of Special Commissioner Bogy as herein contained, and recommend that the lands described be withdrawn from market.

O. H. BROWNING, Secretary.

Let the lands be withdrawn as recommended.

ANDREW JOHNSON.

MARCH 20, 1867.


DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, D. C., July 6, 1869.

SIR:     I have the honor to transmit herewith a letter from the Commissioner of the General Land Office, dated the 2d ultimo, asking information relative to the Santee Sioux Indian Reservation, situated between the Big Sioux and James Rivers, and between the forty-fourth and forty-fifth parallels of north latitude, in Dakota Territory, and suggesting that if those lands are no longer occupied by Indians, necessary steps should be taken to restore them to the public domain.

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This office has informally obtained from the General Land Office the inclosed copy of a letter and indorsements, by which it appears that Lewis V. Bogy, as a special commissioner, selected the above-described reservation, and that upon the recommendation of Hon. O. H. Browning, then Secretary of the Interior, the said lands were withdrawn from market by order of the President, dated March 20, 1867.

The Santee Sioux Indians have never occupied this reservation. They have a reservation on the Niobrara River, in Nebraska, where I deem it proper they should remain. It is not practicable for them to be located upon the reserve above described.

I therefore respectfully recommend that the order of the President withdrawing the above-described lands from market may be rescinded.

Please return the accompanying papers.

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

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

DEPARTMENT OF THE INTERIOR, July 10, 1869.

The proposition of the Commissioner of Indian Affairs is approved, and I respectfully recommend that the lands withheld be restored to market.

J. D. COX, Secretary.

EXECUTIVE MANSION, July 13, 1869.

I hereby rescind the Executive order of March 20, 1867, referred to, and direct the restoration of the lands withheld to market.

U. S. GRANT.

(For other lands see “Niobrara reserve,” Nebraska.)


Sioux Reserve.
EXECUTIVE MANSION, January 11, 1875.

It is hereby ordered that the tract of country in the Territory of Dakota lying within the following-described boundaries, viz: Commencing on the east bank of the Missouri River where the forty-sixth parallel of north latitude crosses the same; thence east with said parallel of latitude to the ninety-ninth degree of west longitude; thence south with said degree of longitude to the east bank of the Missouri River; thence up and with the east bank of said river 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 Sioux Indians, as an addition to their present reservation in said Territory.

U. S. GRANT.


EXECUTIVE MANSION, May 20, 1875.

It is hereby ordered that that portion of the public domain in the Territory of Dakota lying south of an east and west line from the northwest corner of the Yankton Indian Reservation to the ninety-ninth degree of longitude, and between said longitude and the Missouri River on the west and the Yankton Indian Reservation on the east, be, and the same hereby is, withdrawn from sale and settlement, and set apart for the use of the several tribes of Sioux Indians as an addition to their present reservation in said Territory.

U. S. GRANT.


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EXECUTIVE MANSION, August 9, 1879.

It is hereby ordered that all that portion of the Sioux Indian Reservation in Dakota Territory created by Executive orders dated January 11, March 16, and May 20, 1875, and November 28, 1876, lying within the following-described boundaries, viz: Beginning at a point where the west line of the Fort Randall Military Reservation crosses the Missouri River; thence up and along said river to the mouth of American Creek; thence up and along said creek to the ninety-ninth degree of west longitude; thence south along said degree to a point due west from the northwest corner of the Yankton Indian Reservation; thence due east to the northwest corner of said reservation; thence due south to the north boundary line of Fort Randall Military Reservation; thence following said boundary line northwesterly to the northwest corner of said military reservation; thence south on the west boundary line of said reservation to the place of beginning. And also the following-described land: Beginning at the east bank of the Missouri River at the mouth of Medicine Knoll Creek; thence up and along the Missouri River to the boundary line of Fort Sully Military Reservation; thence northeasterly along said boundary line to the southeast corner of said military reservation; thence northwesterly along the boundary line of said reservation to the northeast corner thereof; thence due north to the east bank of the Missouri River; thence up and along the east bank of said river to the mouth of the Bois Cache; thence due north to the east bank of the Missouri River; thence up and along the east bank of said river to the south line of township 129 north; thence east along said township line to the line between ranges 78 and 79 west; thence north along said range line to Beaver Creek, or the north boundary line of the reservation set aside by Executive order of March 16, 1875; thence west along said creek to the east bank of the Missouri River; thence up and along said east bank to the southeast corner of Fort Rice Military Reservation; thence northeasterly; thence in a direct line to a point on the south bank of Beaver Creek where said creek is intersected by the one hundredth degree of west longitude; thence south with said one hundredth degree of longitude to the forty-sixth parallel of north latitude; thence east with said parallel of latitude to the ninety-ninth degree of west longitude; thence south with said degree of longitude to its intersection with the north boundary line of the old Sioux or Crow Creek Reservation; thence west along the north boundary line of said reservation to the eastern boundary line of the old Winnebago Reservation; thence north along said east line to the northeast corner of said Winnebago Reservation; thence west along the north boundary line of said reservation to the middle channel of Medicine Knoll Creek; thence down the middle channel of said creek to the place of beginning, be, and the same hereby is, restored to the public domain.

R. B. HAYES.


See Nebraska for Executive order of January 24, 1882.

See North Dakota for Executive order of March 20, 1884.


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