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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IDAHO

Coeur d’Alène Reserve.
[In Colville Agency; occupied by Coeur d’Alène, Kutenai, Pend d’Oreille, and Spokane tribes; area, 632 square miles; established by Executive orders and acts of March 3, 1891 (26 Stat., 1027) and August 15, 1894 (28 Stat., 322).]

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, May 23, 1867.

SIR:     Under date October 1, 1866, Governor Ballard, of Idaho, was instructed to select and report to this office reservations for the use of the Boisé and Bruneau bands of Shoshones, in the southern part, and for the Coeur d’Alènes and other Indians, in the northern part of that Territory. These instructions were based upon statements contained in the annual report of Governor Ballard, printed at pages 191 and 192 of the annual report of this office for 1866. There are no treaties existing with either of the tribes or bands named, nor, so far as the Shoshones are concerned, have they any such complete tribal organization as would justify treaties with them, even if such arrangements were practicable under the force of recent legislation by Congress. The northern tribes have a better organization, but advices from the Executive indicate that while a necessity exists for some arrangement under which the Indians of all the bands referred to should have some fixed home set apart for them before the lands are all occupied by the whites, who are rapidly prospecting the country, such arrangements can now be made by the direct action of the Department.

I herewith transmit two reports of Governor Ballard, describing tracts proposed to be set apart for these Indians. So far as the one intended for the Shoshones is concerned, its location as a permanent home for those bands is dependent upon the consent of Washakee’s band, commonly known and heretofore treated with as the eastern bands Shoshones; but there is no doubt of their ready acquiescence in the arrangement. The land referred to is within the limits acknowledged as their hunting range by the treaty of 1863. Believing that the interest of the Government, as well as that of the Indians requires that such action should be taken, I recommend that the President be

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requested to set apart the reservation, described in the diagram herewith, for the use of the Indians referred to, and that the General Land Office be directed to respect the boundaries thus defined.

Should the suggestions herein contained be approved, and favorable action had, this office will inform the governor and superintendent of Indian affairs of the fact, and direct such further measures as to carry the plan into operation without delay, so far as the means at the disposal of the Department will permit.

Very respectfully, your obedient servant,
N. G. TAYLOR, Commissioner.

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

DEPARTMENT OF THE INTERIOR,
General Land Office, June 6, 1867.

SIR:     I have the honor to acknowledge the receipt of your communication of the 27th ultimo, transmitting one from the Commissioner of Indian Affairs of the 23d May last, with accompanying documents relating to proposed Indian reservations in Idaho Territory; and in obedience to your directions that I examine and report upon the subject matter, I have to state as follows:

The suggestion of the Commissioner of Indian Affairs in reference to the reservations proposed for the Boisé and Bruneau bands of Shoshones in the southern part of Idaho, and for the Coeur d’Alènes and other Indians in the northern part of that Territory, is that the same may be set apart by the President for those Indians as their home reservations to the extent as represented on the accompanying diagrams herewith, and transferred on a map of Idaho accompanying this letter, being there represented in green and blue shadings respectively.

The boundaries as defined by the local Indian agents, as per separate diagrams of the above reservations, are:

(1) The Boisé and Bruneau bands of Shoshones and Bannock Reservation: “Commencing on the south bank of Snake River at the junction of the Port Neuf River with said Snake River; then south 25 miles to the summit of the mountains dividing the waters of Bear River from those of Snake River; thence easterly along the summit of said range of mountains 70 miles to a point where Sublette road crosses said divide; thence north about 50 miles to Blackfoot River; thence down said stream to its junction with Snake River; thence down Snake River to the place of beginning,” embracing about 1,800,000 acres, and comprehending Fort Hall on the Snake River within its limits.

(2) The Coeur d’Alènes and other tribes of northern Idaho, the proposed reservation for which is shown on the map of Idaho, herewith, in blue color, is represented to be about 20 miles square: “Commencing at the head of the Latah, about 6 miles above the crossing on the Lewiston trail, a road to the Spokane Bridge; thence running north-northeasterly to the St. Joseph River, the site of the old Coeur d’Alène Mission; thence west to the boundary line of Washington and Idaho Territories; thence south to a point due west of the place of beginning; thence east to place of beginning,” including about 250,000 acres.

I have to observe that no surveys of the public lands have been made in those portions of Idaho Territory, nor is this office advised of the extinguishment of Indian titles to the same guarantied to them by the provision of the first and seventeenth sections of an act to provide a temporary government for the Territory of Idaho, approved March 3, 1863 (U. S. Stats., vol. 12, pages 809 and 814).

The records of this office showing no objection to the policy recommended to the Department by the Commissioner of Indian Affairs in his communication of the 23d ultimo, I have the honor to return the

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same to the Department, together with the papers accompanying the same.

I have the honor to be, very respectfully, your obedient servant,
Jos. S. WILSON, Commissioner.

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

DEPARTMENT OF THE INTERIOR,
Washington, D. C., June 13, 1867.

SIR: I submit herewith the papers that accompanied the inclosed report of the Commissioner of Indian Affairs of the 23d ultimo, in relation to the propriety of selecting reservations in Idaho Territory upon which to locate the Coeur d’Alènes and other Indians in the northern part of Idaho, and the Boisé and Bruneau bands of Shoshones in the southern part of that Territory.

This Department concurs in the recommendation of the Commissioner of Indian Affairs that the lands indicated upon the annexed diagram, and defined in the accompanying report of the Commissioner of the General Land Office of the 6th instant, be set apart as reservations for the Indians referred to, and I have the honor to request, if it meet your approval, that you make the requisite order in the premises.

With great respect, your obedient servant,
W. T. OTTO, Acting Secretary.

The PRESIDENT.

WASHINGTON, D. C., June 14, 1867.

Let the lands be set apart as reservations for the Indians within named, as recommended by the Acting Secretary of the Interior.

ANDREW JOHNSON.


EXECUTIVE MANSION, November 8, 1873.

It is hereby ordered that the following tract of country in the Territory of Idaho be, and the same is hereby, withdrawn from sale and set apart as a reservation for the Coeur d’Alène Indians, in said Territory, viz:

“Beginning at a point on the top of the dividing ridge between Pine and Latah (or Hangman’s) Creeks, directly south of a point on said last-named creek, 6 miles above the point where the trail from Lewiston to Spokene Bridge crosses said creek; thence in a northeasterly direction in a direct line to the Coeur d’Alène Mission, on the Coeur d’Alène River (but not to include the lands of said mission); thence in a westerly direction, in a direct line, to the point where the Spokane River heads in, or leaves the Coeur d’Alène Lakes; thence down along the center of the channel of said Spokane River to the dividing line between the Territories of Idaho and Washington, as established by the act of Congress organizing a Territorial government for the Territory of Idaho; thence south along said dividing line to the top of the dividing ridge between Pine and Latah (or Hangman’s) Creek; thence along the top of the said ridge to the place of beginning.”

U. S. GRANT.


Duck Valley Reserve.

(See Nevada, post, page 866.)

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Fort Hall Reserve.
[Occupied by Bannock and Shoshone tribes; area, 1,350 square miles; established by treaty of July 3, 1868, and acts of July 3, 1882 (22 Stat., 148), September 1, 1888 (25 Stat., 452), February 23, 1889 (25 Stat., 687), and March 3, 1891 (26 Stat., 1011).]

(This reservation is included in the executive order of June 14, 1867, and preliminary correspondence, under the head of “Coeur d’Alène Reserve.”)

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, July 23, 1869.

SIR:     I have the honor to submit herewith a letter from Charles F. Powell, special United States Indian agent, Fort Hall Agency, Idaho Territory, dated the 30th ultimo, which letter was forwarded to this office, with indorsement, dated the 6th instant, by Hon. D. W. Ballard, governor and ex-officio superintendent of Indian affairs for said Territory, and would respectfully call your attention to that portion of Agent Powell’s letter relative to a selection of reservation for the Bannock Indians.

It is provided in the second article of the treaty concluded with the Eastern band of Shoshones and the Bannock tribe of Indians, July 3, 1868, that whenever the Bannocks desire a reservation to be set apart to their use, or whenever the President of the United States shall deem it advisable for them to be put upon a reservation, he shall cause a suitable one to be selected for them in their present country, which shall embrace reasonable portions of the Port Neuf and “Kansas prairie” countries, and that when the reservation is declared, the United States will secure to the Bannocks the same rights and privileges therein and make the same and like expenditures therein for their benefit, except the agency house and residence of agent, in proportion to their numbers, as herein provided for the Shoshone Reservation.

By virtue of executive order, dated June 14, 1867 (herewith inclosed), there was set apart a reservation for the Indians in southern Idaho, including the Bannocks. This reserve, it will be observed from the diagram accompanying said executive order, embraces a portion of the country which the treaty provisions above quoted provides the reservation for the Bannocks shall be selected from. It appears from the letter of Agent Powell that the Bannocks are at present upon the reserve set apart by executive order as above stated, and that they desire to remain there. I think the area embraced within this reserve is sufficient for the Bannocks and any other Indians that it may be desired to locate thereon. I therefore respectfully recommend that the same be designated as the reserve provided for in the treaty of July 3, 1868, as hereinbefore recited, and that the President be requested to so direct.

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

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

DEPARTMENT OF THE INTERIOR,
Washington, D. C., July 29, 1869.

SIR:      I have the honor to submit herewith a communication from the Commissioner of Indian Affairs, dated the 23d instant, and accompanying papers, relative to the designation of a reservation in Idaho for the Bannock Indians, as provided by the second article of the treaty of July 3, 1868, with that tribe, and for the reasons stated by the Commissioner respectfully recommend that you direct that the lands reserved by an executive order dated June 14, 1867, for the Indians of southern Idaho, including the Bannocks, be designated as the reserva-

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tion provided for said tribe by the second article of the treaty referred to, dated July 3, 1868.

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

To the PRESIDENT.

EXECUTIVE MANSION, July 30, 1869.

The within recommendation of the Secretary of the Interior is hereby approved, and within the limits of the tract reserved by executive order of June 14, 1867, for the Indians of southern Idaho, will be designated a reservation provided for the Bannocks by the second article of the treaty with said tribe of 3d July, 1868.

U. S. GRANT.


Lopwa Reserve.
[In the Nez Percé Agency; occupied by Nez Percé tribe; area, 50 square miles; established by treaty June 9, 1863, and act of August 15, 1894 (28 Stat., 326). Has been allotted and opened to settlement by proclamation of November 8, 1895.]


Lemhi Reserve.
[Occupied by Bannock, Sheepeater, and Shoshoni tribes; area, 100 square miles; established by unratified treaty of September 24, 1868, Executive order, and act of February 23, 1889 (25 Stat., 687).]

EXECUTIVE MANSION, February 12, 1875.

It is hereby ordered that the tract of country in the Territory of Idaho, lying within the following-described boundaries, viz: Commencing at a point on the Lemhi River that is due west of a point 1 mile due south of Fort Lemhi; thence due east, about 3 miles to the crest of the mountain; thence with said mountain in a southerly direction about 12 miles to a point due east of Yeanun bridge, on the Lemhi River; thence west across said bridge and Lemhi River to the crest of the mountain on the west side of river; thence with said mountain in a northerly direction to a point due west of the place of beginning; thence due east to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart for the exclusive use of the mixed tribes of Shoshone, Bannock, and Sheapeater Indians, to be known as the Lemhi Valley Indian Reservation.

Said tract of country is estimated to contain about 100 square miles, and is in lieu of the tract provided for in the third article of an unratified treaty made and concluded at Virginia City, Montana Territory, on the 24th of September, 1868.

U. S. GRANT.


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