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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MICHIGAN

Isabella Reserve.
[In Mackinac Agency; occupied by Chippewa of Saginaw, Swan Creek, and Black River; area 3 ¾ square miles; established by Executive order and treaties of August 2, 1855, and October 18, 1864.]

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, December 11, 1854.

SIR:      I inclose a copy of a letter from Messrs. George Smith and P. O. Johnson, missionaries of the Methodist Episcopal Church in Michigan, addressed to Rev. Dr. Durbin, and by him forwarded to this office, in relation to certain desired reservations of public lands.

In consideration of certain contemplated arrangements with the Indians in Michigan during the ensuing spring, I have to ask that you reserve from public sale the lands designated in the letter of Messrs. Smith and Johnson.

I have also received a communication from the Rev. J. P. Durbin, corresponding secretary of the Missionary Society of the Methodist Episcopal Church, asking for an additional reservation of lands near Iroquois Point, back from the lake.

For the reasons above, I concur in the request, and ask that several additional sections to those already reserved be made of the lands in the vicinity of Iroquois Point.

Very respectfully, your obedient servant,
GEO. W. MANYPENNY, Commissioner.

JOHN WILSON, Esq.,
      Commissioner of General Land Office.

GENERAL LAND OFFICE, December 20, 1854.

SIR:      I have the honor to transmit a communication from the Commissioner of Indian Affairs, addressed to this office, bearing date the 11th instant, and its inclosure, recommending, for reasons stated, the withdrawal from marked and reservation for Indian purposes the lands in Isabella County, Mich., or so much thereof as may be deemed expedient.

The pink-shaded lines on the inclosed printed map show the limits of Isabella County, covering, according to the maps of this office, townships 13, 14, 15, and 16 north, of ranges 3, 4, 5, and 6 west of the Michigan meridian, in the Ionia district, the whole of which are requested to be reserved, and the numbers 1, 2, 3, 4, 5, 6, placed on certain townships, show the order of the preference to be given should it be determined to reserve less than the east half of the county.

From an estimate just made at this office, it appears that only about two-ninths of the whole surface has been disposed of, although three of the townships have been in market since 1833, and the balance since 1840.

As regards the conditions mentioned in the Rev. George Smith’s letter (among the papers), that the reserve be made “for the Chippewa Indians of Michigan, to be purchased under the direction of the mis-

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sionary society,” etc., I have to remark that no such privilege could, in my opinion, be given without legislation of Congress.

I am, very respectfully, your obedient servant,
JOHN WILSON, Commissioner.

Hon. ROBERT MCCLELLAND,
      Secretary of the Interior.

DEPARTMENT OF THE INTERIOR, April 12, 1855.

SIR:      I have the honor to submit herewith two letters from the Commissioner of the General Land Office in relation to the withdrawal of certain lands in Michigan from sale with a view to the benefit hereafter of certain Indian tribes, in accordance with the intimations of the Indian Office.

The first letter, that of the 20th of December last, has reference to lands in Isabella County, Michigan, and that on the 10th instant to land in a new county called Emmett, in the same State, the former county containing 16 and the latter 27 townships and fractional townships, and the withdrawal appears to be desired by the Indian Office “in consequence of certain contemplated arrangements with the Indians in Michigan during the present spring.” The matter connected with the letter of the 20th December has been delayed, waiting more specific information from the Indian Office as to the specific land wanted, which is supplied by this letter of the 10th instant from that office.

The philanthropic policy of furnishing these Indians, who are desirous of becoming cultivators of the soil, with land for that purpose, to the greatest possible extent separated from evil example or annoyance of unprincipled whites, who might be disposed to settle in their vicinity, or within their midst, after farms already opened by them had rendered the surrounding land more valuable, is apparent, and I have no hesitation in recommending your sanction to the withdrawal of the lands indicated in each of said communications from the Land Office, but it must be with the express understanding that no peculiar or exclusive claim to any of the land so withdrawn can be acquired by said Indians, for whose future benefit it is understood to be made, until after they shall by future legislation be invested with the legal title thereto.

With much respect, your obedient servant,
R. MCCLELLAND, Secretary.

The PRESIDENT OF THE UNITED STATES.

[Indorsement.]
MAY 14, 1855.

Let the withdrawal of all the vacant land in Isabella County be made with the express understanding contained in the letter of the Secretary of the Interior to me of the 12th instant.

FRANKLIN PIERCE.

(Superseded by treaty of August 2, 1855, with Chippewas of Saginaw, Swan Creek, and Black River, 11 Statutes, 633.)


L’Anse Reserve.
[Mackinac Agency; occupied by L’Anse and Vieux Désert bands of Chippewa of Lake Superior; area, 8 ¼ square miles; established by treaty of September 30, 1854.]


Little Traverse Reserve.
DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, April 12, 1864.

SIR:      I have the honor to transmit herewith, for your consideration, a copy of a letter from Agent Leach, in which he recommends that

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townships 34, 35, 36, 37, 38, and 39 north, range 4 west, and townships 34, 37, 38, and 39 north, range 3 west, be withdrawn from sale, with a view to an enlargement of the Little Traverse Reservation.

In his annual report for 1863 (see Annual Report of this Office for 1863, pages 377 and 378), Agent Leach gives his reasons at length in favor of an enlargement of the Little Traverse Reservation, with a view to the removal of the Indians from Mackinac, Beaver Island. Thunder Bay, and those east of the Grand Traverse Bay, and locating them all upon the Little Traverse Reservation, thereby greatly reducing the expenses of the agency and, as hoped, much improving the condition of the Indians.

Concurring in the views expressed by Agent Leach in his report above referred to, I respectfully recommend that the townships named in his letter be withdrawn from sale, with a view to the proposed enlargement of the Little Traverse Reservation.

Very respectfully, your obedient servant,
W. P. DOLE, Commissioner.

HON. J. P. USHER,
Secretary of the Interior.

[First indorsement.]

DEPARTMENT OF THE INTERIOR, April 15, 1864.

Respectfully submitted to the President with the recommendation that the lands within described be withdrawn from sale for the purpose indicated.

J. P. USHER, Secretary.

[Second indorsement.]

Let the lands be withheld from sale as recommended.

A. LINCOLN.

APRIL 16, 1864.


EXECUTIVE MANSION, February 4, 1874.

Referring to Executive order dated April 16, 1864, withdrawing from public sale, for Indian purposes, the undisposed-of lands embraced in townships 34, 37, 38, and 39 north, of range 3, and townships 34, 35, 36, 37, 38, and 39 north, of range 4 west, in the State of Michigan, I hereby revoke, rescind, cancel, and declare said order to be void and of no effect from and after the date hereof, and the lands above described are hereby restored to the public domain.

U. S. GRANT.


Ontonagon Reserve.
[In Mackinac Agency; area 1 square mile; established by treaty of September 30, 1854.]

GENERAL LAND OFFICE, September 24, 1855.

SIR:      I have the honor to submit herewith a communication from the Commissioner of Indian Affairs, of the 20th instant, requesting that the following-described tracts be withdrawn from market and reserved for the Ontonagon band of Chippewa Indians under the sixth clause of the first article of the treaty of La Pointe of July 30, 1854, viz: Lots Nos. 1, 2, 3, and 4 of section 14, township 53 north, range 38 west, Michigan meridian; lots Nos. 1, 2, 3, and 4 of section 15, township 53 north, range 38 west, Michigan meridian; southwest quarter and southwest quarter of southeast quarter of section 15, township 53 north, range 38 west, Michigan meridian; the whole of sections 22

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and 23, township 53 north, range 38 west, Michigan meridian; north half of section 26, township 53 north, range 38 west, Michigan meridian; north half section 27, township 53 north, range 38 west, Michigan meridian; all situated in the northern peninsula of Michigan.

On examination of the plats and tract-books in this office it appears that the above lands are all vacant, and there exists no objections to their reservation; for which I respectfully recommend that the order of the President be obtained previous to instructing the land officers.

I am, very respectfully, your obedient servant,
THOS. A. HENDRICKS, Commissioner.

Hon. ROBERT MCCLELLAND,
      Secretary of the Interior.

DEPARTMENT OF THE INTERIOR, September 25, 1855.

Respectfully submitted to the President for his approval as recommended.

R. MCCLELLAND, Secretary.

SEPTEMBER 25, 1885.

Let the reservation be made.

FRANKLIN PIERCE.


Ottawa and Chippewa Reserves.*

*   See Appendix II, post, p. 1047.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, August 4, 1855,

SIR:      I inclose herewith a copy of a communication from the Commissioner of Indian Affairs dated at Detroit, the 1st instant, received here this morning, in which he requests that several townships, sections, and parts of sections of land within the State of Michigan, in addition to those heretofore withdrawn from sale, be also withdrawn, in order to enable the Ottawa and Chippewa Indians to select the quantity guarantied to them by a treaty concluded with them on the 31st ultimo.

I have, therefore, respectfully to recommend that, in addition to the tracts heretofore withdrawn from sale with a view to accommodate the Indians of Michigan, the following designated tracts be also withdrawn from sale, and that the usual measures be taken by the Commissioner of the General Land Office to give proper publicity to the fact, viz:
     Sections 13, 14, 23, 24, 25, 26, 27, and 28, in township 47 north, range 5 west.
     Sections 18, 19, and 30, in township 47 north, range 4 west.
     Sections 11, 12, 13, 14, 15, 22, 23, 25, and 26, in township 47 north, range 3 west.
     Section 29, in township 47 north, range 2 west.
     Sections 2, 3, 4, 11, 14, and 15, in township 47 north, range 2 east.
     Section 34, in township 48 north, range 2 east.
     Sections 6, 7, 18, 19, 20, 28, 29, and 33, in township 45 north, range 2 east.
     Sections 1, 12, and 13, in township 45 north, range 1 east.
     Section 4, in township 44 north, range 2 east.
     Township 42 north, of ranges 1 and 2 west.
     Township 43 north, of range 1 west.
     Township 44 north, of range 12 west.
     High Island and Garden Island, in Lake Michigan, being fractional townships 38 and 39 north, of range 11 west, 40 north, of range 10

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west, and in part 39 north, of ranges 9 and 10 west, township 32a north, of range 10 west.


a   Although this township (32 north, range 10 west) is referred to in the Commissioner’s letter as already withdrawn from sale, it is believed to be a mistake in transcribing the dispatch through the telegraph offices, informing him what tracts have been so withdrawn. It should therefore he included in the list of those to be withdrawn.

     Townships 29, 30, 31, and 32 north, of range 11 west.
     Townships 29, 30, and 31 north, of range 12 west.
     Township 29 north, of range 13 west.
     East half of township 29 north, of range 9 west.
     Sections 25 and 36 in township 30 north, of range 7 east, and section 22 in township 30 north, of range 8 east.

Very respectfully, etc.,
CHAS. E. MIX,
Acting Commissioner.

Hon. R. MCCLELLAND,
      Secretary of the Interior.

AUGUST 9, 1855.

Let the lands referred to in letter of the Acting Commissioner of Indian Affairs of the 4th instant, with the exceptions noted in letter of the Acting Commissioner of the General Land Office of the 8th instant, be temporarily withdrawn from sale, for the purposes indicated in above letter from Indian Office, and as recommended by Secretary of the Interior in letter of 8th instant.

FRANKLIN PIERCE.

(See last clause of article 1, treaty of July 31, 1855, Vol. 2, p. 545.


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