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.


Home | Disclaimer & Usage | Table of Contents | Index

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

Page Images


{Page 901}

WASHINGTON

Chehalis Reserve.
[In Puyallup Agency; occupied by Chinook (Tsinuk), Clatsop, and Chehalis; area, three-fourths of a square mile.]

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, May 17, 1864.

SIR:     I have the honor to submit for your direction in the premises sundry communications and papers from Superintendent Hale in reference to a proposed reservation for the Chehalis Indians in Washington Territory.

The condition of these Indians has been the subject of correspondence between this office and the superintendent of Indian affairs in Washington Territory for several years. It will be seen by Superintendent Hale’s letter of July 3, 1862, that the country claimed by these Indians is large, comprising some 1,500 square miles; that they have never been treated with, but that the Government has surveyed the greater part of it without their consent and in the face of their remonstrances, and the choicest portions of their lands have been occupied by the whites without any remuneration to them, and without their

{Page 902}

consent or having relinquished their claim or right to it. They have been thus crowed out and excluded from the use of the lands claimed by them and those which they have heretofore cultivated for their support. This has caused much dissatisfaction and threatens serious trouble, and they manifest a determination not to be forced from what they claim as their own country. After various propositions made to them by Superintendent Hale, looking to their removal and joint occupation of other Indian reservations, to all which they strenuously objected, they expressed a willingness to relinquish all the lands hitherto claimed by them, provided they shall not be removed, and provided that a sufficient quantity of land shall be retained by them at the mouth of the Black River as a reservation.

The selection herein made in accordance with their wishes, and approved by Superintendent Hale, reduces the dimensions of their former claim to about six sections of land, with which they are satisfied, and which selection has been submitted to this office for its approval. There seems one drawback only to this selection, and that is one private land claim—that of D. Mounts—which it is proposed to purchase. The price asked is $3,500, which he considers not unreasonable. (See his communication of March 30, 1863, and accompanying papers.)

There is remaining on hand of the appropriation for “intercourse with various Indian tribes having no treaties with the United States” the sum of $3,980.12, a sufficient amount of which I have no doubt might appropriately be applied for the purpose indicated. (See U. S. Statutes at Large, vol. 12, page 792.)

I am of the opinion that the proposition is a fair one for the Government, and as it is satisfactory to the Indians interested, I see no objection to its approval by the Department, especially so when it is considered that it will peaceably avert impending trouble.

As recommended in the letters herewith submitted, it will also be necessary, doubtless, to make some provision for them after they shall have been assured of the quiet and permanent possession of the proposed reservation for a future home. But this may subsequently receive the attention of the Department. These Indians are represented to be in a very hopeful condition. They wish to abandon a roving life; to establish themselves in houses and cultivate their lands; to educate their children, and live peaceably with all.

These papers are submitted for your information in considering the subject, and, if it shall commend itself to your judgment, for the approval of the proposed selection as a reservation for these Indians and the purchase of the private land claim of D. Mounts thereon.

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

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

[Inclosures.]

Boundaries of the Chehalis Indian Reservation, as compiled from the field-notes of the public surveys in the office of the surveyorgeneral of Washington Territory, beginning at the post-corner to sections 1 and 2, 35 and 36, on the township line between townships Nos. 15 and 16 north, of range 4 west of the Willamette meridian, being the northeast corner of the reservation; thence west along the township line 240 chains to the post-corner to sections 4, 5, 32, and 33; thence north on line between sections 32 and 33, 26.64 chains, to the southeast corner of James H. Roundtree’s donation claim; thence west along the south boundary of said claim 71.50 chains to its southwest corner; thence north on west boundary of the claim 13.10 chains; thence west 8.50 chains to the quarter-section post on line of sections

{Page 903}

31 and 32; thence north along said section line 40.00 chains to the post-corner to sections 29, 30, 31, and 32; thence west on line between sections 30 and 31, 25 and 36, 101.24 chains to the Chehalis River; thence up the Chehalis River with its meanderings, keeping to the south of Sand Island, to the post on the right bank of the river, being the corner to fractional sections 1 and 2; thence north on the line between sections 1 and 2, 73.94 chains to the place of beginning.

The copy of the field-notes in full, as taken from the record of the public surveys now on file in this office, and from which the above is compiled, is duly certified as being correct by the surveyor-general of the Territory.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,
Olympia, Wash., December 10, 1863.

The within and foregoing boundaries, as described in the notes and accompanying diagram of the proposed Chehalis Indian Reservation, are approved by me as correct, and being in accordance with instructions given by me, the same being subject to the approval of the Commissioner of Indian Affairs.

C. H. HALE,
Superintendent of Indian Affairs, Washington Territory.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., July 8, 1864.

SIR:     I return herewith the papers submitted with your report of the 17th May last in relation to a proposed reservation for the Chehalis Indians in Washington Territory.

I approve the suggestion made in relation to the subject, and you are hereby authorized and instructed to purchase the improvements of D. Mounts, which are on the lands selected for the reservation, if it can now be done for the price named for them, viz, $3,500, including the crops grown or growing this season upon the premises.

Very respectfully, your obedient servant,
J. P. USHER, Secretary.

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

NOTE.—D. Mounts was paid for his improvements by Superintendent Waterman, January 6, 1865.


EXECUTIVE MANSION, October 1, 1886.

It is hereby ordered that the following tract of country in Washington Territory, reserved for the use and occupation of the Chehalis Indians, by order of the Secretary of the Interior, dated July 8, 1864, be, and the same is hereby, restored to the public domain:

Beginning at the post-corner to sections 1 and 2, 35 and 36, on the township line between townships Nos. 15 and 16 north, of range 4 west of the Willamette meridian, being the northeast corner of the reservation; thence west along the township line 240 chains to the post-corner to sections 4, 5, 32 and 33; thence north on line between sections 32 and 33, 26.64 chains, to the southeast corner of James H. Roundtree’s donation claim; thence west along the south boundary of said claim 71.50 chains to its southwest corner; thence north on west boundary of the claim 13.10 chains; thence west 8.50 chains to the quarter-section post on line of sections 31 and 32; thence north along said section line 40.00 chains to the post-corner to sections 29, 30, 31, and 32; thence west on line between sections 30 and 31, 25 and 36, 101.24 chains to the Chehalis River; thence up the Chehalis River with its meanderings, keeping to the south of Sand Island, to the post on the right bank of the river, being the corner to fractional sections

{Page 904}

1 and 2; thence north on the line between sections 1 and 2, 73.94 chains to the place of beginning.

It is further ordered that the south half of section 3 and the north-west quarter of section 10, township No. 15 north, of range 4 west of the Willamette meridian, Washington Territory, be, and the same is hereby, withdrawn from sale or other disposition, and set apart for the use and occupation of the Chehalis Indians.

GROVER CLEVELAND.


Columbia or Moses Reserve.
[In Colville Agency; occupied by Chief Moses and his people; area, 38 square miles; act of July 4, 1884. (23 Stat., 79).]

EXECUTIVE MANSION, April 19, 1879.

It is hereby ordered that the tract of country in Washington Territory lying within the following-described boundaries, viz: Commencing at the intersection of the forty-mile limits of the branch line of the Northern Pacific Railroad with the Okinakane River; thence up said river to the boundary line between the United States and British Columbia; thence west on said boundary line to the forty-fourth degree of longitude west from Washington; thence south on said degree of longitude to its intersection with the forty-mile limits of the branch line of the Northern Pacific Railroad; and thence with the line of said forty-mile limits to the place of beginning, be, and the same is hereby, withdrawn from sale and set apart as a reservation for the permanent use and occupancy of Chief Moses and his people, and such other friendly Indians as may elect to settle thereon with his consent and that of the Secretary of the Interior.

R. B. HAYES.


EXECUTIVE MANSION, March 6, 1880.

It is hereby ordered that the tract of country in Washington Territory lying within the following-described boundaries, viz: Commencing at a point where the south boundary line of the reservation created for Chief Moses and his people by Executive order dated April 19, 1879, intersects the Okinakane River; thence down said river to its confluence with the Columbia River; thence across and down the east bank of said Columbia River to a point opposite the river forming the outlet to Lake Chelan; thence across said Columbia River and along the south shore of said outlet to Lake Chelan; thence following the meanderings of the south bank of said lake to the mouth of Shehekin Creek; thence up and along the south bank of said creek to its source; thence due west to the forty-fourth degree of longitude west from Washington; thence north along said degree to the south boundary of the reservation created by Executive order of April 19, 1879; thence along the south boundary of said reservation to the place of beginning, be, and the same is hereby, withdrawn from sale and settlement and set apart for the permanent use and occupancy of Chief Moses and his people and such other friendly Indians as may elect to settle thereon with his consent and that of the Secretary of the Interior, as an addition to the reservation set apart for said Chief Moses and his people by Executive order dated April 19, 1879.

R. B. HAYES.


EXECUTIVE MANSION, February 23, 1883.

It is hereby ordered that the tract of country in Washington Territory lying within the following-described boundaries, viz: Commencing at the intersection of the forty-fourth degree of longitude west

{Page 905}

from Washington with the boundary line between the United States and British Columbia; thence due south 15 miles; thence due east to the Okinakane River; thence up said river to the boundary line between the United States and British Columbia; thence west along said boundary line to the place of beginning, being a portion of the country set apart for the use of Chief Moses and his people by Executive orders of April 19, 1879, and March 6, 1880, be, and the same is hereby, restored to the public domain.

CHESTER A. ARTHUR.


EXECUTIVE MANSION, May 1, 1886.

It is hereby ordered that all that portion of country in Washington Territory withdrawn from sale and settlement, and set apart for the permanent use and occupation of Chief Moses and his people and such other friendly Indians as might elect to settle thereon with his consent and that of the Secretary of the Interior, by the Executive orders dated April 19, 1879, and March 6, 1880, respectively, and not restored to the public domain by the Executive order dated February 23, 1883, be, and the same is hereby, restored to the public domain, subject to the limitations as to disposition imposed by the act of Congress approved July 4, 1884 (23 Stats., pp. 79-80), ratifying and confirming the agreement entered into July 7, 1883, between the Secretary of the Interior and the Commissioner of Indian Affairs and Chief Moses and other Indians of the Columbia and Colville Reservations in Washington Territory.

And it is hereby further ordered that the tracts of land in Washington Territory surveyed for and allotted to Sar-sarp-kin and other Indians in accordance with the provisions of said act of July 4, 1884, which allotments were approved by the Acting Secretary of the Interior April 12, 1886, be, and the same are hereby, set apart for the exclusive use and occupation of said Indians, the field-notes of the survey of said allotments being as follows:*


*   See Appendix II, post page, 1048.

[Allotments Nos. 1, 2, 3, and 4, in favor of Sar-sarp-kin, Cum-sloct-poose, Showder, and Jack respectively.]

Set stone on north bank of Sar-sarp-kin Lake for center of south line of claim No. 1. Run line north 78 degrees west and south 78 degrees east, and blazed trees to show course of south line of claim. Then run north 12 degrees east (var. 22 degrees east) in center of claim At 80 chains set temporary stake and continued course. At 20 chains came to brush on right bank of Waring Creek and offset to the right 9.25 chains. Thence continued course to 65 chains and offset to right 13.25 chains to avoid creek bottom and continued course. At 80 chains set temporary stake and continued course. At 37.50 offset 4.50 chains to right to avoid creek bottom and continued course. At 55.50 chains offset to right 4.77 chains to avoid creek bottom and continued course. At 80 chains set temporary stake and continued course to 32.60 chains. Thence run south 78 degrees east 8.23 chains and set stone 10 by 10 by 24 inches for northeast corner of claim. Then retraced line north 78 degrees west 12 chains and set stone 6 by 6 by 18 inches to course of north line of claim No. 1, and south line of claim No. 2, and for center point in south line of claim No. 2 (claim No. 1, Sar-sarp-kin’s contains 2,180.8 acres). Thence run north 12 degrees east 80 chains. Blazed pine 20 inches diameter on 3 sides on right bank of Waring Creek for center of north line of claim No. 2, and center of south line of claim No. 3. Set small stones north 78 degrees west and south 78 degrees east to show course of said line. Thence run north 12 degrees east in center of claim No. 3. At 10.50 chains offset to right 3 chains to avoid creek bottom and continued course. At 71 chains offset to left 4.23 chains to avoid creek bottom and continued course. At 76.25

{Page 906}

chains crossed Waring Creek 20 links wide. At 80 chains offset to right 1.23 chains and set stone 8 by 8 by 16 inches for center of north line of claim No. 3, and center of south line of claim No. 4. Run north 78 degrees west and south 78 degrees east and set stake to show course of said line. Then from center stone offset to left 1.23 chains and run thence north 12 degrees east. At 28 chains offset to left 2 chains to avoid creek bottom and continued course. At 80 chains offset to right 3.23 chains and set stone 10 by 10 by 16 inches on left bank of creek for center of north line of claim, and set stones north 78 degrees west and south 78 degrees east to show course of line.

[Allotment No. 5, in favor of Ka-la-witch-ka.]

From large stone, with two small stones on top, as center of north line of claim near left bank of Waring Creek, about 1¾ miles down stream from claim No. 4, and about 1 mile up stream from Mr. Waring’s house, run line north 80 ½ degrees west and south 80 ½ degrees east, and set small stones to show course of north line of claim. Then run south 9 ½ degrees west (var. 22 degrees east); at 79.20 chains crossed Cecil Creek 15 links wide. At 80 chains blazed pine 24 inches diameter on four sides, in clump of four pines, for center of south line of claim. Thence run north 80 ½ degrees west and south 80 ½ degrees east, and blazed trees to show course of south line of claim.

[Allotment No. 6, in favor of Sar-sarp-kin.]

From stone on ridge between Toad Coulee and Waring Creeks run north 88 degrees east (var. 22 degrees east). At 18.50 chains enter field. At 24.50 chains enter brush. At 30.10 chains cross Waring Creek 25 links wide. At 47.60 chains cross Waring’s fence. At 65 chains set stone for corner 12 by 12 by 12 inches from which a pine 24 inches diameter bears north 88 degrees east 300 links distant. Thence north 4 degrees west 10.50 chains; set stone for corner 8 by 8 by 18 inches. Thence north 16 degrees west. At 29.20 chains pine trees 30 inches diameter in line. At 55 chains set stone for corner. Thence south 66 ½ degrees west to junction of Toad Coulee and Waring Creeks, and continue same course up Toad Coulee Creek to 81 chains blazed fir 18 inches diameter on four sides for corner, standing on right bank of Toad Coulee Creek on small island. Thence south 38 degrees east. At 52 links cross small creek—branch of Toad Coulee Creek—and continued course. At 42 chains point of beginning. The above-described tract of land contains 379 acres.

[Allotment No. 7, in favor of Quo-lock-ons, on the headwaters of Johnson Creek.]

From pile of stone on south side of Johnson Creek Canon—dry at this point—125 feet deep, about 1 chain from the west end of canon, from which a fir 10 inches diameter bears north 25 degrees west 75 links distant, run south 55 degrees west (var. 22 degrees east). At 80 chains made stone mound for corner from which a large limestone rock 10 by 10 by 10 bears on the same course south 55 degrees west 8.80 chains distant. From monument run north 35 degrees west. At 72.50 chains crossed Jonnson brook 4 links wide, and continued course east 80 chains. Made mound of stone, and run thence north 55 degrees east 80 chains. Made stone monument and run thence south 35 degrees east 80 chains to beginning.

[Allotment No. 8, in favor of Nek-quel-e-kin, or Wa-pa-to John.]

From stone monument on shore of Lake Chelan, near houses of Wa-pa-to John and Us-tah, run north (var. 22 degrees east)

10.00 chains, Wa-pa-to John’s house bears west 10 links distant;

12.50 chains, Catholic chapel bears west 10 links distant;

32.50 chains, fence, course east and west;

{Page 907}

80.00 chains, set stake 4 inches square 4 feet long in stone mound for northeast corner of claim. Thence run west

30.00 chains, cross trail, course northwest and southeast,

80.00 chains, made stone monument for northwest corner of claim. Thence run south

35.60 chains, crossed fence, course east and west,

77.00 chains, blazed cotton wood tree 12 inches in diameter on 4 sides for corner on shore of Lake Chelan, marked W. T. on side facing lake. Lake Chelan forms the southern boundary of claim, which contains about 640 acres.

[Allotment No. 9, in favor of Us-tah.]

This claim is bounded on the west by Wa-pa-to John’s claim, and on the south by lake Chelan. From Wa-pa-to John’s northeast corner, which is a stake in stone mound run south 64 ½ degrees east (var. 22 degrees east)

88.56 chains, set stake in stone mound for corner of claim. Thence run south

55.50 chains, trail, course northwest and southeast,

80.00 chains, shore of Lake Chelan; set stake in stone mound for corner of claim, which contains about 640 acres.

[Allotment No. 10, in favor of Que-til-qua-soon, or Peter.]

This claim is bounded on the east by Wa-pa-to John’s claim, and on the south and west by Lake Chelan. The field-notes of north boundary are as follows: From northwest corner of Wa-pa-to John’s claim, which is a stone monument, run west (var. 22 degrees east)

113.00 chains, shore of Lake Chelan. Blazed pine tree at the point

20 inches diameter on four sides for northwest corner of claim.

This claim contains about 540 acres.

[Allotment No. 11, in favor of Tan-te-ak-o, or Johnny Isadore.]

From Wa-pa-to John’s northeast corner, which is a stake in stone mound, run west (var. 22 degrees east) with Wa-pa-to John’s north boundary line to stone monument,

80.00 chains, which is also a corner to Wa-pa-to John’s and Peter’s land. Thence on same course with Peter’s north line

33.00 chains, made stone monument in said line for southwest corner of claim, and run thence north (var. 22 ½ degrees east)

80.00 chains, made stone monument on west side of shallow lake of about 40 acres, and continued course to

113.35 chains, made stone monument for north corner of claim, and run thence south 45 degrees east

160.00 chains, point of beginning. This claim contains 640 acres.

[Allotment No. 12, in favor of Ke-up-kin or Celesta.]

This claim is bounded on the south by Peter’s and on the east by Johnny’s claim. From Peter’s northwest corner, which is a pine, 20 inches diameter, blazed on four sides, on shore of Lake Chelan, run east with Peter’s north line,

80.00 chains, stone monument, previously established, which is also a corner to Johnny’s land. Thence north with Johnny’s land,

80.00 chains, stone monument, previously established on west shore of shallow lake. Thence run west (var. 22¼ degrees east)

80.00 chains. Set stake in stone mound for northwest corner of claim, from which a blazed pine 24 inches in diameter bears south 50 degrees west 98 links distant. A blazed pine 20 inches diameter bears north 45 degrees east 110 links distant. Thence north through open pine timber

80.00 chains, point of beginning.

{Page 908}

[Allotment No. 13, in favor of Ta-we-na-po, of Amena.]

From Johnny’s northwest corner, which is a stone monument, run south with Johnny’s line,

33.35 chains, stone monument previously established, the same being Celesta’s northeast corner. Thence west with Celesta’s line,

80.00 chains, stone monument previously established, the same being the northwest corner of Celesta’s claim. Thence north (var. 22 degrees east)

85.50 chains, small creek 4 links wide, course east and west,

126.70 chains, made stone monument for northwest corner of claim, from which a blazed pine 12 inches in diameter bears south 10 degrees west 59 links distant. Thence run south 40 ½ degrees east

123.00 chains, point of beginning. This claim contains 640 acres.

[Allotment No. 14, in favor of Pa-a-na-wa or Pedoi.]

From northwest corner of Ameno’s claim, which is a stone monument, from which a blazed pine 12 inches in diameter bears south 10 degrees west 59 links distant, run north 75 degrees west

43.50 chains, shore of Lake Chelan, blazed pine tree 6 inches in diameter on 4 sides for northwest corner of claim, from which a blazed pine 14 inches in diameter bears north 45 degrees east 13 links distant. Thence returned to point of beginning and run south with Ameno’s line.

46.70 chains offset on right, 70.00 chains to Lake Chelan;

86.70 chains offset on right, 62.00 chains to Lake Chelan;

101.20 chains, made stone monument, from which a blazed pine 30 inches in diameter bears north 40 degrees west 95 links distant, a blazed pine 30 inches in diameter bears 40 degrees west 72 links distant. Thence run west

62.00 chains, shore of Lake Chelan. Made stone monument for southwest corner of claim, from which a blazed pine 10 inches in diameter bears north 30 links distant. Lake Chelan forms the western boundary of claim, which contains 640 acres.

[Allotment No. 15, in favor of Yo-ke-sil.]

From southwest corner of Pedoi’s claim, which is a stone monument, from which a blazed pine 10 inches diameter bears north 30 links distant, run east with Pedoi’s line,

62.00 chains, stone monument, previously established, from which a blazed pine, 30 inches diameter bears north 40 degrees west 95 links distant. A blazed pine 30 inches diameter bears south 40 degrees west 72 links distant, the same being Pedoi’s south-east corner. Thence run south with Ameno’s west line,

25.50 chains, stake in stone mound, previously established for corner to Ameno’s and Celesta’s claim. Thence continued course south with Celesta’s west line to 105.50 chains, pine tree 20 inches in diameter, on shore of Lake Chelan, previously blazed on four sides for corner to Peter and Celesta’s claims. Thence with the shore of lake in a northwesterly direction to point of beginning. This claim contains about 350 acres.

[Allotment No. 16, in favor of La-kay-use, or Peter.]

From stone monument, on bunch-grass bench, about 1 ½ miles in a northeastly direction from Wa-pa-to John’s house, run north 61 ½ degrees east (var. 22 degrees east)

51.00 chains, enter small brushy marsh.

52.50 chains, leave marsh.

56.00 chains, made stone monument for corner of claim and run thence south 28 ½ degrees east.

{Page 909}

11.60 chains, cross small irrigating ditch—small field and garden lie on right.

114.30 chains, made stone monument for corner and run thence south 61 ½ degrees west.

56.00 chains, made stone monument for corner of claim and run thence north 28 ½ degrees west.

4.30 chains, stone monument—point of beginning. This claim contains 640 acres.

[Allotment No. 17, in favor of Ma-Kai.]

Field-notes of Ma-Kai’s allotment on the Columbia Reservation. It is bounded on the west by Ustah’s allotment, and on the south by Lake Chelan. From Ustah’s northeast corner, which is a stake in stone mound, run south 64 ½ degrees east (var. 22 degrees).

80.00 chains, build monument of stone, running thence south.

80.00 chains, to the bank of Lake Chelan, built monument of stone; thence north 64 ½ degrees west along Lake Chelan.

80.00 chains, to the southeast corner of Ustah’s allotment. The above-described figure contains 507.50 acres.

[Antwine Settlement.]

This settlement, consisting of three claims in the same vicinity, though not adjoining, is located on or near the Columbia River, about 7 miles above Lake Chelan, and about 8 miles below the mouth of the Methow River, on the Columbia Reservation.

[Allotment No. 18, in favor of Scum-me-cha or Antoine.]

From stone monument about 2 miles north from the Columbia, from which a blazed fir 20 inches in diameter bears south 80 degrees west 60 links distant, run south 35 ½ degrees east (var. 22 degrees east).

30.00 chains, summit of mountain spur, about 50 feet high. Antwine’s house north 35 degrees east, about 20 chains distant.

80.00 chains, made stone monument for corner, from which a blazed pine 8 inches in diameter bears south 45 degrees west 32 links distant. Thence run north 55 ½ degrees east (var. 22 ½ degrees).

58.00 chains, bottom of dry cañon 100 feet deep, course northwest and southeast.

80.00 chains, made stone monument for corner about one-quarter mile from Columbia River, and run thence north 34 ½ degrees west.

80.00 chains, made stone monument for corner and run thence south 55 ½ degrees west.

80.00 chains, stone monument, point of beginning.

[Allotment No. 19, in favor of Jos-is-kon or San Pierre.]

This claim lies about 3 miles in a northwesterly direction from Antoine’s claim, and consists of a body of hay land of about 100 acres, surrounded by heavy timber. From stone monument on hillside, facing southeast, from which a blazed pine 8 inches diameter bears south 60 degrees east 56 links distant. From which a blazed pine 8 inches diameter bears west 76 links distant. Run south 23¼ degrees east (var. 22 degrees east).

6.50 chains, enter grass lands.

25.00 chains, leave grass lands.

80.00 chains, made stone monument for corner, from which a blazed pine 20 inches diameter bears north 85 degrees east 20 links distant. A blazed pine 20 inches diameter bears north 15 degrees east 27 links distant. Thence run north 66¾ degrees east.

{Page 910}

80.00 chains, made stone monument on steep little hillside for corner. Thence run north 23¾ degrees west.

80.00 chains, made stone monument on mountain side for corner, from which a blazed pine 18 inches diameter bears north 40 degrees east 105 links distant. From which a blazed pine 20 inches diameter bears south 10 degrees east 127 links distant. Thence run south 66¾ degrees west along mountain side.

80.00 chains, to point of beginning.

[Allotment No. 20, in favor of Charles Iswald.]

This claim lies about 2 miles in a northeasterly direction from Antoine’s claim. It contains no timber, but is mostly fair grazing land with about 100 acres susceptible of cultivation. No improvements. From pine tree on right bank of Columbia River, blazed on four sides where rocky spur 200 feet high comes down to near bank, forming narrow pass, from which a blazed pine 36 inches in diameter bears north 177 links distant, run south 13 degrees west (variation 22 degrees east).

102.25 chains, made stone monument for corner on hillside in view of main trail. Thence run south 5&frac3#190; degrees west.

78.00 chains, made stone monument for corner. Thence south ¼ degree west.

25.65 chains, made stone monument on bank of Columbia River for corner. Thence with said river to a point of beginning, containing 640 acres of land.

The three following claims are all adjoining. They are located on and near the Columbia River, about 12 miles above Lake Chelan, and about 3 miles below the mouth of the Methow River.

[Allotment No. 21, in favor of In-perk-skin, or Peter No. 3.]

From pine 12 inches diameter blazed on four sides on right bank of Columbia River, from which a blazed pine 10 inches diameter bears south 40 degrees east, 46 links distant, run north 69¼ degrees west (var. 22 degrees east).

3.50 chains, enter corner of small field.

7.50 chains, leave field.

8 chains, cross trail.

80 chains, made stone monument for corner on mountain side about 500 feet above river. Thence run north 20¾ degrees east.

24.00 chains, summit of rugged little mountain 700 feet high.

80.00 chains, made stone monument for corner on top of small rocky hill about 40 feet high. Thence south 69 ½ degrees east.

80.00 chains, erected stone monument for corner about 15 chains from river bank. Thence south 20¾ degrees west.

80.00 chains, point of beginning.

[Allotment No. 22, in favor of Tew-wew-wa-ten-cek or Aeneas.]

From northwest corner of Peter’s claim, which is a stone monument on summit of small hill, run north 20¾ degrees east (var. 22 ½ degrees east).

80.00 chains, made stone monument for corner, and run thence north 69¼ degrees west (var. 23 degrees east).

80.00 chains, made stone monument for corner, and run thence south 20¾ degrees west (var. 22 ½ degrees east).

39.00 chains, summit of steep hill 100 feet high.

80.00 chains, made stone monument for corner of claim on rolling hillside facing west. Thence south 69¼ degrees east (var. 23½ degrees east).

80.00 chains, point of beginning.

{Page 911}

[Allotment No. 23, in favor of Stem-na-lux or Elizabeth]

From northwest corner of Peter’s claim, the same being the southeast corner of Aeneas’ claim, which is a stone monument on top of small hill, run north 69¼ degrees west with Aeneas¼ south line (var. 22 ½ degrees east).

80.00 chains, stone monument, previously established for south-west corner of Aeneas’ claim. Thence north 20¾ degrees west (var. 23½ degrees east).

65.00 chains, summit of hill.

80.00 chains, made stone monument for corner from which a blazed pine 24 inches diameter bears south 70 links distant. A blazed pine 24 inches diameter bears south 20 degrees west 84 links distant. Thence south 69¼ degrees east.

80.00 chains, monument previously established for southwest corner of Peter’s claim. Thence south 20¾ degrees east with Peter’s west line.

80 chains, point of beginning.

The five following claims are all adjoining. They are located along the southern bank of the Methow, and the western bank of the Columbia on the Columbia Reservation.

[Allotment No. 24, in favor of Neek-kow-it or Captain Joe.]

From stone monument on right bank of Methow River, about three-fourth mile from its mouth, from which a pine 24 inches in diameter bears north 37 degrees west on opposite bank of Methow, for witness corner to true corner, which is in center of Methow River, opposite monument, 1.50 chains distant. Run south 37 degrees west (var. 22 degrees east). (Distances given are from true corner.)

7.00 chains, enter garden.

12.00 chains, leave garden.

39.00 chains, top of bench 400 feet high.

116.50 chains, Cañon Mouth Lake, containing about 80 acres. Set stake in stone mound on shore of lake for witness corner to true corner, which falls on side of impassable mountain, beyond lake 160 chains from point of beginning. Returned to witness corner previously set on bank of Methow, and run thence north 53 degrees west.

40.00 chains, offset on right 2 chains to bank of Methow, and made stone monument for witness to true corner, which falls in center of Methow, opposite monument 1 chain distant. Thence run south 37 degrees west. (Distances given are from true corner).

42.00 chains, top of bench 400 feet high.

113.00 chains, marked tree with two notches fore and aft, and blazed one tree on each side to show course of line.

115.00 chains, impassable mountain. True corner falls in course on mountain side 160 chains distant from true corner at other end of line in the Methow River.

GENERAL DESCRIPTION OF BOUNDARY.

From point first described in center of Methow River south 37 degrees west 160 chains; thence north 52 degrees 39 minutes west 40.20 chains; thence north 37 degrees east 160 chains to point previously described in middle of Methow; thence with middle of Methow River to point of beginning. Claim contains 640 acres.

{Page 912}

[Allotment No. 25, in favor of Hay-tal-i-cum, or Narcisse.]

From stone monument on right bank of Methow River, previously described as witness corner to point of beginning to survey of Captain Joe’s claim, said monument being a true corner to this claim, run south 37 degrees west with Captain Joe’s line (var. 22 degrees east).

45.60 chains, set stake in stone mound for corner and run thence south 53 degrees east.

80.00 chains, set stake 8 inches square for corner; thence run north 37 degrees east.

73.10 chains, made stone monument for corner on right bank of Columbia. Near opposite bank of river a black rock protrudes from water. Thence with right bank of Columbia River to mouth of Methow River. Thence with right bank of Methow River to point of beginning. This claim contains 640 acres of land.

[Allotment No. 26, in favor of Kleck-hum-tecks.]

From stake in stone mound previously set in Captain Joe’s southeast line, the same being the southwest corner to Narcisse’s claim, run south 53 degrees east (var. 22 degrees east), with Narcisse’s line.

80.00 chains, corner previously established, thence runs south 37 degrees west.

80.00 chains, set stake for corner, and run thence north 53 degrees west.

73.80 chains, set stake marked W. C., on shore of Cañon Mouth Lake, from which blazed aspen, 6 inches diameter, bears north 5 degrees west 94 links distant for witness corner to true corner, which falls on line 6.50 chains further in lake, in Captain Joe’s southeast line. Thence with said line north 37 degrees east 80 chains to point of beginning. This claim contains 640 acres.

[Allotment No. 27, in favor of Ki-at-kwa, or Mary.]

From witness corner previously established on Methow, in Captain Joe&apo#146;s northwest line, the same being taken as a true corner to this claim, run south 37 degrees west (var. 22 degrees east) with Captain Joe’s line.

80.00 chains, made stone monument for corner; then returned on line, and from point 1.50 chains from corner run north 53 degrees west.

64.00 chains, offset to left 22 chains to avoid bend in river and continued course.

80.00 chains, bank of Methow River. Made stone monument for corner, and run thence south 37 degrees west.

12.00 chains, top of bench 400 feet high.

24.00 chains, foot of perpendicular basaltic cliff offset to right 2 chains.

31.50 chains, offset to left 2 chains and continued course.

40.00 chains, made stone monument and continued course.

45.00 chains, impassable mountain. True corner falls 11.50 chains further on line on side of mountain.

GENERAL DESCRIPTION OF BOUNDARY.

From point of beginning south 37 degrees west 80 chains; thence north 53 degrees west 80 chains; thence north 37 degrees east 56.50 chains to corner on Methow; thence with right bank of Methow to point of beginning, containing about 640 acres.

{Page 913}

[Allotment No. 28, in favor of Ta-tat-kein, or Tom.]

From northwest corner of Mary’s claim, which is a stone monument on the right bank of the Methow, run south 27 degrees west (var. 22 degrees east) with Mary’s line.

40.00 chains, corner previously established, stone monument; thence north 53 degrees west.

80.00 chains, made stone monument in aspen thicket for corner; thence north 27 degrees east.

106.50 chains, right bank of Methow River; made stone monument for corner; thence with right bank of Methow River to point of beginning. This claim contains about 640 acres.

DOWNING CREEK SETTLEMENT.

This settlement consists of two adjoining claims on Downing Creek, on the right bank of the Columbia River on the Columbia Reservation, about 7 miles below the mouth of the Okinakane River, and about 3 miles above the mouth of the Methow River.

[Allotment No. 29, in favor of La-la-elque.]

From stone monument on right bank of Columbia River, about one-half mile above mouth of Downing Creek, run north 25 degrees west (var. 22 degrees east)

42.75 chains, point on hill about 500 feet high, 30 links to right of old stone mound on top of hill;

79.30 chains, large flat-topped stone, 5 links to right;

80.00 chains, made stone monument for corner and run thence south 65 degrees west

80.00 chains, made stone monument for corner on hillside near top of hill and run thence south 25 degrees east

78.00 chains, bank of Columbia River. Made stone monument for corner. Thence with Columbia River to point of beginning. This claim contains about 640 acres.

[Allotment No. 30, in favor of Snain-chucks.]

From northeast corner of La-la-elque’s claim, which is a stone monument, run north 25 degrees west

80.00 chains, made stone monument for corner and run thence south 65 degrees west

80.00 chains, made stone monument for corner and run thence south 25 degrees east

80.00 chains, stone monument previously established, the same being La-la-elque’s northwest corner; thence north 65 degrees east.

80.00 chains, point of beginning. This claim contains 640 acres of land.

[Allotment No. 31, in favor of Edward, near Palmer Lake, Toad Coulee.]

Commencing at a prominent rock 7 feet by 3 feet by 4 inches and unknown length, the above dimensions projecting above the surface. Running thence (var. 22 degrees 15 minutes) north 82 degrees east 80 chains. At 57.70 Thorn Creek, 80 links wide, northeast. At 80 set willow stake 5 inches square and 5 feet long, marked sta. 1, north 8 degrees west 80 chains. A lime-juice tree 18 inches diameter at 80, set basaltic stone 2 feet by 8 inches by 6 inches with monument of stone on the side of bluff on the east side of the valley, sta. 2, south 82 degrees west 80 chains. At 6 chains Thorn Creek 80 links wide bears northeast, at 8 chains the Smilkameen (Similkameen) River 100 links wide

{Page 914}

bears northeast. At 39, on the same river, bears southwest. At 80 set quaking aspen stake 4 inches square, 4 feet long, marked sta. 3. South 8 degrees east 80 chains to the place of beginning. The terminus. 640 acres.

[Allotment No. 32, in favor of Dominec.]

Commencing on a slough of the Smilkameen (Similkameen) River, on the forty-ninth parallel (the British line) set quaking aspen stake 4 inches square and 4 feet long, 18 inches in the earth, marked C. C., from which a pine tree 42 inches in diameter bears north 79 degrees 45 minutes west 2 chains, marked C. C. B. T., facing post; thence (var. 22 degrees 15 minutes east) west 31 chains to a point from which the parallel monument bears west 4.77 chains; built monument of granite stone. South 134 chains. At 42.50 chains a spring branch, 5 links wide, bears east. At 134 chains built monument of stone at foot of bluff. East 61.53 chains to a balm tree 30 inches in diameter, marked sta. 3, facing west, from which the Smilkameen (Similkameen) River bears west 2.43 chains. North 12 degrees 30 minutes west 137.43 chains. At 10 chains the Smilkameen (Similkameen) River bears southeast; at 120 the same river west of south. At 137.43 intersect the place of beginning.

Terminus. 620.26 acres.

[Allotment No. 33, in favor of Ko-mo-dal-kiah.]

Commencing on the west bank of the Okanagan (Okinakane) River at the north end of an island, set stake 4 inches square, 4 feet long, marked C. C., with mound. Running thence (var. 22 degrees 15 minutes) south 86 degrees 45 minutes west 150 chains, set balm stake 4 inches square, 4 feet long, and 18 inches in the earth, with monument of washed bowlders covered with mound of earth, 4 pits, and marked sta. 1. South 3 degrees 15 minutes east 42.66 chains, set balm stake 4 inches square 4 feet long, marked sta. 2, with monument of granite stones. North 86 degrees 45 minutes east 138.21 chains. A balm tree on the west bank of the Okanagan (Okinakane) River, marked sta. 3, facing west, the true corner falling in the Okanagan (Okinakane) River, 11.79 chains further on in the same line at the east bank of an island, north 3 degrees 15 minutes west 42.66 chains, intersect the north line from which the place of beginning bears north 86 degrees 45 minutes east 11.79, the terminus. Area 639.90 acres.

[Allotment No. 34, in favor of Paul.]

Commencing at the southwest corner (sta. 3) of Ko-mo-dal-kiah’s allotment. Running thence (var. 22 degrees 15 minutes) south 3 degrees 15 minutes east 42.66 chains; built monument of basaltic stone, sta. 1. North 86 degrees 45 minutes east 142.87 chains intersect the Okanagan (Okinakane) River. Set balm stake 4 inches square 4 feet long, and 18 inches in the ground, marked (sta. 2). North 9 degrees 45 minutes west 42.70 chains, Ko-mo-dal-kiah’s bearing corner a balm tree 12 inches in diameter marked sta. C. C. on the south side. The terminus. Area, 599.55 acres.

[Allotment No. 35, in favor of Que-lock-us-soma.]

Commencing at the southeast corner of Paul’s allotment, running thence (var. 22 degrees 15 minutes) south 86 degrees 45 minutes west 43.87 chains; built monument of washed granite bowlders (sta. 1). South 3 degrees 15 minutes east 80 chains; built monument of washed granite bowlders (sta. 2). North 86 degrees 45 minutes east 96.42 chains; intersect the Okanagan (Okinakane) River, set balm stake 4 inches square 4 feet long and 18 inches in the ground, marked (sta. 3);

{Page 915}

thence up the Okanagan (Okinakane) River, north 45 degrees 30 minutes west 76 chains to a curve in the river. North 3 degrees 15 minutes west 25 chains, intersect the place of beginning. The terminus. Area, 495.47 acres.

[Allotment No. 36, in favor of Se-cum-ka-nallux.]

Commencing on the west bank of Okanagan (Okinakane) River at a little pine tree 4 inches in diameter; running thence down the river (var. 22 degrees 15 minutes) south 3 degrees west 45.65 chains to a pine tree on the bank of the Okanagan (Okinakane); thence down the river north 57 degrees 45 minutes west 22 chains, intersect the old Indian trail, built monument of stone. South 15 degrees west 124.50 chains to a pine tree 25 inches in diameter, marked Sta. 3; thence north 51 degrees 45 minutes west 82.75 chains; at 22 chains a small lake 5 chains wide; at 82.75 built monument of stone, north 50 degrees east 167.55 chains, to the place of beginning—the terminus. Area, 637.44 acres.

[Allotment No. 37, in favor of John Salla-Salla.]

Commencing at the junction of Johnston Creek and the Okanagan (Okinakane) River; thence by Johnston Creek (var. 22 degrees 15 minutes) south 69 degrees 45 minutes west 40 chains; built monument of stone on the south bank of Johnston Creek; Sta. — 8 degrees 15 minutes west 91.54 chains; built monument of basaltic stone, Sta.; north 69 degrees 45 minutes east 117.50 chains to the Okanagan (Okinakane) River; set balm stake 4 inches square 4 feet long, marked Sta. 3, north 45 degrees 30 minutes west 86.53 chains to the place of beginning, the mouth of Johnston Creek. Area, 630 acres.

GROVER CLEVELAND.


Colville Reserve.
[Area, 2,031¼ square miles; act of July 1, 1892 (27 Stat., 62); February 20, 1896 (29 Stat., 9); July 1, 1898 (30 Stat., 593), and proclamation April 10, 1900.]

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, D. C., April 8, 1872.

SIR:     I have the honor to invite your attention to the necessity for the setting apart by Executive order of a tract of country hereinafter described, as a reservation for the following bands of Indians in Washington Territory, not parties to any treaty, viz:

The Methow Indians, numbering 316
The Okanagan Indians, numbering 340
The San Poel Indians, numbering 538
The Lake Indians, numbering 230
The Colville Indians, numbering 631
The Calispel Indians, numbering 420
The Spokane Indians, numbering 725
The Cœur d’Alène Indians, numbering 700
And scattering bands 300
Total
4,200

*   *   *   Excluding that portion of the tract of country referred to found to be in the British possessions, the following are the natural boundaries of the proposed reservation, which I have the honor to recommend be set apart by the President for the Indians in question, and such others as the Department may see fit to settle thereon, viz: Commencing at a point on the Columbia where the Spokane River empties in the same; thence up the Columbia River to where it crosses the forty-ninth parallel north latitude; thence east with said forty-

{Page 916}

ninth parallel to where the Pend d’Oreille or Clark River crosses the same; thence up the Pend d’Oreille or Clark River to where it crosses the western boundary of Idaho Territory, the one hundredth and seventeenth meridian west longitude; thence south along said one hundredth and seventeenth meridian, to where the Little Spokane River crosses the same; thence southwesterly, with said river, to its junction with the Big Spokane River; thence down the Big Spokane River to the place of beginning.

The papers hereinbefore referred to are respectfully submitted herewith.

Very respectfully, your obedient servant,
F. A. WALKER, Commissioner.

The SECRETARY OF THE INTERIOR.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., April 9, 1872.

SIR:     I have the honor to submit herewith a communication dated the 8th instant, from the Commissioner of Indian Affairs, and accompanying papers, representing the necessity for the setting apart, by Executive order, of a tract of country therein described for certain bands of Indians in Washington Territory not parties to any treaty.

The recommendation of the Commissioner in the premises is approved, and I respectfully request that the President direct that the tract of country designated upon the inclosed map be set apart for the Indians referred to, and such others as this Department may see fit to settle thereon.

I am, sir, very respectfully, your obedient servant,
B. R. COWEN, Acting Secretary.

To the PRESIDENT.

EXECUTIVE MANSION, Washington, April 9, 1872.

It is hereby ordered that the tract of country referred to in the within letter of the Acting Secretary of the Interior, and designated upon the accompanying map, be set apart for the bands of Indians in Washington Territory named in communication of the Commissioner of Indian Affairs dated the 8th instant, and for such other Indians as the Department of the Interior may see fit to locate thereon.

U. S. GRANT.


EXECUTIVE MANSION, Washington, July 2, 1872.

It is hereby ordered that the tract of country referred to in the within letter of the Commissioner of Indian Affairs as having been set apart for the Indians therein named by Executive order of April 9, 1872, be restored to the public domain, and that in lieu thereof the country bounded on the east and south by the Columbia River, on the west by the Okanagan River, and on the north by the British possessions, be, and the same is hereby, set apart as a reservation for said Indians, and for such other Indians as the Department of the Interior may see fit to locate thereon.

U. S. GRANT.


Hoh River Reserve.
[In Neah Bay Agency; area, 1 square mile.]

EXECUTIVE MANSION, September 11, 1893.

It is hereby ordered that the following-described lands situated and lying in the State of Washington, viz: Commencing at a point in the

{Page 917}

middle of the mouth of the Hoh River, Jefferson County, Washington, and running thence up said river in the middle of the channel thereof one mile; thence due south to the south bank of said river; thence due south from said south bank one mile; thence due west to the Pacific Ocean, and thence with the Pacific coast line to the place of beginning, be, and the same are hereby, withdrawn from sale and settlement and set apart as a reservation for the Hoh Indians not now residing upon any Indian reservation: Provided, however, That any tract or tracts, if any, the title to which has passed out of the United States, or to which valid legal rights have attached under existing laws of the United States providing for the disposition of the public domain, are hereby excepted and excluded from the reservation hereby created.

GROVER CLEVELAND.


Lummi Reserve.
[In Tulalip Agency; occupied by Dwamish, Etakmur, Lummi, Snohomish, Sukwamish, and Swiwamish; treaty of January 22, 1855.]

EXECUTIVE MANSION, November 22, 1873.

It is hereby ordered that the following tract of country in Washington Territory be withdrawn from sale and set apart for the use and occupation of the Dwamish and other allied tribes of Indians, viz: Commencing at the eastern mouth of Lummi River; thence up said river to the point where it is intersected by the line between sections 7 and 8 of township 38 north, range 2 east of the Willamette meridian; thence due north on said section line to the township line between townships 38 and 39; thence west along said township line to the low-water mark on the shore of the Gulf of Georgia; then southerly and easterly along the said shore, with the meanders thereof, across the western mouth of Lummi River, and around Point Francis; thence northeasterly to the place of beginning; so much thereof as lies south of the west fork of the Lummi River being a part of the island already set apart by the second article of the treaty with the Dwamish and other allied tribes of Indians, made and concluded January 22, 1857. (Stats. at Large, vol. 12, p. 928.)

U. S. GRANT.


Makah Reserve.
[In Neah Bay Agency; occupied by Makah and Quilente; area, 36 square miles; treaty January 31, 1855.]

EXECUTIVE MANSION, October 26, 1872.

In addition to the reservation provided for by the second article of the treaty concluded January 31, 1855, with the Makah Indians of Washington Territory, it is hereby ordered that there be withdrawn from sale and set apart for the use of the said Makah and other Indians a tract of country in the said Territory of Washington, described and bounded as follows, viz.: Commencing on the beach at the mouth of a small brook running into Neah Bay next to the site of the old Spanish fort; thence along the shore of said bay in a northeasterly direction to Baadah Point (being a point about 4 miles from the beginning); thence in a direct line south 6 miles; thence in a direct line west to the Pacific shore; thence northwardly along the shore of the Pacific to the mouth of a small stream running into the bay on the south side of Cape Flattery, a little above the Waatch Village; thence following said brook to its source; thence in a straight line to the place of beginning; the boundary line from the mouth of the brook last

{Page 918}

mentioned to the place of beginning being identical with the southeastern boundary of the reservation set apart for the Makah tribe of Indians by the treaty concluded with said Indians January 31, 1855, before referred to.

U. S. GRANT.


EXECUTIVE MANSION, January 2, 1873.

In lieu of the addition made by Executive order dated October 26, 1872, to the reservation provided for by the second article of the treaty concluded January 31, 1855, with the Makah Indians of Washington Territory, it is hereby ordered that there be withdrawn from sale and set apart as such addition, for the use of the said Makah and other Indians, the tract of country in said Territory of Washington bounded as follows, viz: Commencing on the beach at the mouth of a small brook running into Neah Bay next to the site of the old Spanish fort; thence along the shore of said bay in a northeasterly direction four miles; thence in a direct line south 6 miles; thence in a direct line west to the Pacific shore; thence northwardly along the shore of the Pacific to the mouth of a small stream running into the bay on the south side of Cape Flattery a little above the Waatch Village; thence following said brook to its source; thence in a straight line to the place of beginning; the boundary line from the mouth of the brook last mentioned to the place of beginning being identical with the southeastern boundary of the reservation set apart for the Makah and other Indians by the treaty above referred to.

U. S. GRANT.


EXECUTIVE MANSION, October 21, 1873.

In lieu of the addition made by Executive order dated October 26, 1872, and amended by Executive order of January 2, 1873, to the reservation provided for by the second article of the treaty concluded January 31, 1855, with the Makah tribe of Indians of Washington Territory (Statutes at Large, vol. 12, p. 939), which orders are hereby revoked, it is hereby ordered that there be withdrawn from sale and set apart as such addition for the use of said Makah and other tribes of Indians the tract of country in said Territory bounded as follows, viz: Commencing on the beach at the mouth of a small brook running into Neah Bay next to the site of the old Spanish fort; thence along the shore of said bay in a northeasterly direction 4 miles; thence in a direct line south 6 miles; thence in a direct line west to the Pacific shore; thence northwardly along the shore of the Pacific to the mouth of another small stream running into the bay on the south side of Cape Flattery, a little above the Waatch Village; thence following said brook to its source; thence in a straight line to the source of the first-mentioned brook, and thence following the same down to the place of beginning.

U. S. GRANT.


Muckleshoot Reserve.
[In Tulalip Agency; area, 5 square miles.]

(For Executive orders of January 19 and 20, 1857, relative to Muckleshoot Reserve, see “Nisqually Reserve,” below.)

EXECUTIVE MANSION, April 9, 1874.

It is hereby ordered that the following tracts of land in Washington Territory, viz: Sections 2 and 12 of township 20 north, range 5 east, and sections 20, 28, and 34, of township 21 north, range 5 east,

{Page 919}

Willamette meridian, be withdrawn from sale or other disposition, and set apart as the Muckleshoot Indian Reservation, for the exclusive use of the Indians in that locality, the same being supplemental to the action of the Department approved by the President January 20, 1857.

U. S. GRANT.


Nisqually Reserve.
[In Puyallup Agency; occupied by Muckleshoot, Nisqualli, Puyallup, Skwawksnomish, Stailakoom, and five other tribes; treaty of December 26, 1854.]

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, January 19, 1857.

SIR:     The treaty negotiated on the 29th of December, 1854, with certain bands of Nisqually, Puyallup, and other Indians of Puget’s Sound, Washington Territory (article 2), provided for the establishment of reservations for the colonization of Indians, as follows: (1) The small island called Klah-chemin. (2) A square tract containing two sections near the mouth of the She-nah-nam Creek. (3) Two sections on the south side of Commencement Bay.

The sixth article of the treaty gives the President authority to remove the Indians from those locations to other suitable places within Washington Territory, or to consolidate them with friendly bands.

So far as this office is advised a permanent settlement of the Indians has not yet been effected under the treaty. Governor Stevens has formed the opinion that the locations named in the first article of the treaty were not altogether suitable for the purpose of establishing Indian colonies. One objection was that they are not sufficiently extensive. He reported that 750 Indians has been collected from the various bands for settlement.

I have the honor now to submit for your consideration and action of the President, should you deem it necessary and proper, a report recently received from Governor Stevens, dated December 5, 1856, with the reports and maps therewith, and as therein stated, from which it will be observed that he has arranged a plan of colonization which involves the assignment of a much greater quantity of land to the Indians, under the sixth article of the treaty, than was named in the first article. He proposes the enlargement of the Puyallup Reserve at the south end of Commencement Bay to accommodate 500 Indians; the change in the location, and the enlargement of the Nisqually Reserve, and the establishment of a new location, Muckleshoot Prairie, where there is a military station that is about to be abandoned.

The quantity of land he proposes to assign is not, in my opinion, too great for the settlement of the number of Indians he reports for colonization; and as the governor recommends the approval of these locations and reports that the Indians assent thereto, I would respectfully suggest that they be approved by the President, my opinion being that, should it be found practicable hereafter to consolidate the bands for whom these reserves are intended or to unite other bands of Indians on the same reserves, the authority to effect such objects will still remain with the President under the sixth article of the treaty.

Within the Puyallup Reserve there have been private locations, and the value of the claims and improvements has been appraised by a board appointed for that purpose at an aggregate of $4,917.

In the same connection I submit the governor’s report of August 28, 1856, which he refers to, promising that the proceedings of his conference with the Indians therein mentioned were not received here with the report.

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

Hon. R. MCCLELLAND,
      Secretary of the Interior.

{Page 920}

DEPARTMENT OF THE INTERIOR,
Washington, January 20, 1857.

SIR:     I have the honor to transmit a communication of the 19th instant, from the Commissioner of Indian Affairs to this Department, indicating the reservations selected for the Nisqually, Puyallup, and other bands of Indians in Washington Territory, and to request your approval of the same.

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

The PRESIDENT.

Approved.

FRANKLIN PIERCE.

January 20, 1857.


Osette Reserve.
[Area, 1 square mile.]

EXECUTIVE MANSION, April 12, 1893.

It is hereby ordered that the following described lands, situated and lying in the State of Washington, viz: Commencing at Point Apot-Sloes (Indian name), on the ocean beach about one-half a mile north of the Indian village Osette in Clallam County, said State; thence due east one mile; thence due south to the point of intersection with the southern boundary line of the said Indian village extended eastward, and the northern boundary line of Charley Weberhard’s claim; thence due west to the Pacific Ocean; thence with the Pacific Ocean to the point of beginning, be, and the same are hereby, withdrawn from sale and settlement and set apart as a reservation for the Osette Indians not now residing upon any Indian reservation: Provided, however, That any tract or tracts, if any, the title to which has passed out of the United States, or to which valid legal rights have attached under existing laws of the United States providing for the disposition of the public domain, are hereby excepted and excluded from the reservation hereby created.

GROVER CLEVELAND.


Port Madison Reserve.
OFFICE SUPERINTENDENT OF INDIAN AFFAIRS,
Olympia, Wash., July 13, 1864.

SIR:     In the absence of the superintendent of Indian affairs, who is now at Fort Colville or in that neighborhood in the discharge of his official duties, at the request of Hon. A. A. Denny, register of the land office in this place, I would respectfully call your attention to the condition of the Indian reservation near Port Madison, concerning the enlargement of which the superintendent addressed you about a year ago, forwarding at the same time a plat of the proposed reserve.

By reference to the treaty of Point Elliott, made with the Dwamish and other allied tribes of Indians, January 22, 1855, it will be seen that article 2 provides for them a reservation at this point. This was soon found to be too limited, and whilst Governor Stevens was yet superintendent of Indian affairs the Indians were promised an enlargement. That promise seems to have been renewed subsequently, but nothing definite agreed upon.

Last July Seattle, the principal chief of the Seattle band, with a number of subchiefs and others directly interested, visited the superintendency upon this subject. At their request a thorough examination was had, the result of which was in favor of submitting their request

{Page 921}

to you, and recommending that it be granted. By reference to report of Agent Howe, which accompanies the last annual report of the superintendent for the year ending June 30, 1863, it will be seen that he is well satisfied of the absolute necessity of its enlargement.

The accompanying plat shows what is proposed to be reserved, which is satisfactory to the Indians. As there were no instructions from the Commissioner of the General Land Office, these lands could not be reserved, but were necessarily offered for sale. There being no bidders the lands are still vacant.

Immediately after the public sale the superintendent gave notice of the intention of the Department to retain these lands for the Indian reservation, and the public have so far acquiesced as not to disturb these proposed boundaries. Still, as the lands were offered at public sale under the proclamation of the President, they are now, agreeably to law, subject to private entry. Should, therefore, application be made to the register for the entry of any of these lands, he would, as matters now stand, be powerless to prevent it.

The register has just addressed the Commissioner of the General Land Office on this subject. Hence the reason of my addressing you without awaiting the return of the superintendent, who may be absent for a month, and respectfully asking that such steps may at once be taken as to prevent any lands within the proposed boundaries being sold by the register until he be further advised.

Very respectfully, your obedient servant,
GEO. F. WHITWORTH, Chief Clerk.

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

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, September 12, 1864.

SIR:     I have the honor to inclose herewith for your consideration a letter from C. H. Hale, late superintendent of Indian affairs for Washington Territory, by his clerk, calling attention to the necessity for immediate action in order to secure certain lands to the Indians therein mentioned, near Port Madison, for an enlargement of their reservation.

It appears from the report of Agent Howe, made to this office last year, that the proposed enlargement of the reservation is deemed to be advisable, and I have to request that you will direct that the tracts of land described in the plat inclosed in the letter of Mr. Whitworth may be reserved from sale, so that they may be set apart for the Indians for whom they are intended.

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

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

DEPARTMENT OF THE INTERIOR,
Washington, D. C., October 21, 1864.

SIR:     I transmit herewith a letter of the Commissioner of Indian Affairs, of the 12th ultimo, covering a communication from the chief clerk of the office of superintendent of Indian affairs for Washington Territory, respecting the enlargement of the Port Madison Indian Reservation.

Concurring with the Commissioner in his recommendation that the reserve be increased for the benefit of the Indians referred to in the papers inclosed, you are requested to have reserved from sale the tracts of land indicated upon the plat herein inclosed.

Very respectfully, your obedient servant,
J. P. USHER, Secretary.

JAMES M. EDMUNDS, Esq.,
      Commissioner General Land Office.

{Page 922}

Puyallup Reserve.
[Area, 1 square mile; occupied by Muckleshoot, Nisqualli, Puyallup, Skwawksnamish, Stailakoom and five other tribes; treaty December 22, 1854.]

(For Executive order of January 20, 1857, see “Nisqually Reserve.”)

DEPARTMENT OF THE INTERIOR,
Office Indian Affairs, August 26, 1873.

SIR:     By the second article of the treaty concluded with the Nisqually and other Indians December 26, 1854 (Stat. at Large, vol. 10, p. 1132), “a square tract containing two sections, or 1,280 acres, lying on the south side of Commencement Bay,” was set apart as a reservation for said Indians, and is known as the Puyallup Reserve.

It appears from the records of this office that Governor Stevens, finding the Indians dissatisfied with the size and location of the reserve, as indicated by said treaty, agreed, at a conference held with them August, 1856, to a readjustment of said reservation, the exterior boundaries of which were surveyed and established by his order. This was done prior to the extension of the lines of the public surveys over the surrounding and adjacent lands. A map of the survey was transmitted by Governor Stevens to this office, under date of December 5, 1856, giving a description of the courses and distances of said exterior boundaries of the reserve, as taken from the field-notes of the survey on file in the office of superintendent Indian affairs, Washington Territory

This reservation, as readjusted and indicated on said map, was set apart for these Indians by Executive order dated January 20, 1857. It was intended to have this reservation bounded on its western side by the waters of Commencement Bay, from the southeasterly extremity of said bay, around northwardly to the northwest corner of the reservation on the southerly shore of Admiralty Inlet. The survey was thought to be made so as to give to the Indians this frontage upon the bay, with free access to the waters thereof. More recent surveys, however, develop the fact that there is land along this shore, and outside the reservation, arising from an error of the surveyor in leaving the line of low-water mark, along the shore of said bay, and running a direct line to the place of beginning.

In a report dated March 20 last, Superintendent Milroy calls attention to this inadvertence; and for the adjustment of the western boundary of said reservation, so that it may conform to the intentions of those agreeing to the same, as well as for the comfort and wants of the Indians, he recommends the following change, viz: Instead of the direct line to the place of beginning, to follow the shore line, at low-water mark, to the place of beginning.

Inasmuch as the lands proposed to be covered by this change are in part already covered by the grant to the Northern Pacific Railroad Company and by donation claims, I would respectfully recommend that the President be requested to make an order setting apart for the use of these Indians an addition to said Puyallup Reservation, as follows, viz: All that portion of section 34, township 21 north, range 3 east, in Washington Territory, not already included within the limits of the reservation. This would give them a mile of water frontage directly north of Puyallup River, and free access to the waters of Commencement Bay at that point.

Very respectfully, your obedient servant,
H. R. CLUM, Acting Commissioner.

The Hon. SECRETARY OF THE INTERIOR.

{Page 923}

DEPARTMENT OF THE INTERIOR,
Washington, D. C., August 28, 1873.

SIR:     I have the honor to transmit herewith a copy of a communication addressed to this Department on the 26th instant, by the Acting Commissioner of Indian Affairs, relative to the extension by Executive order of the reservation in Washington Territory known as the Puyallup Reservation, described as follows, to wit: All that portion of section 34, township 21 north, range 3 east, in Washington Territory, not already included within the limits of the reservation.

I agree with the Acting Commissioner in his views, and respectfully request that in accordance with his recommendation an Executive order be issued setting apart the tract of land described for the purpose indicated.

I have the honor to be, etc.,
W. H. SMITH, Acting Secretary.

The PRESIDENT.

EXECUTIVE MANSION, September 6, 1873.

Agreeable to the recommendation of the Acting Secretary of the Interior, it is hereby ordered that the Puyallup Reservation in Washington Territory be so extended as to include within its limits all that portion of section 34, township 21 north, range 3 east, not already included within the reservation.

U. S. GRANT.


Quileute Reserve.
[In Neah Bay Agency; area, 1 ½ square miles; occupied by Quileute tribe.]

EXECUTIVE MANSION, February 19, 1889.

It is hereby ordered that the following-described tracts of land situate in Washington Territory, viz: Lots 3, 4, 5, and 6, section 21; lots 10, 11, and 12, and the southwest quarter of the southwest quarter, section 22; fractional section 27, and lots 1, 2, and 3, section 28; all in township 28 north, of range 15 west, be, and the same are hereby, withdrawn from sale and settlement and set apart for the permanent use and occupation of the Quillehute Indians: Provided, That this withdrawal shall not affect any existing valid rights of any party.

GROVER CLEVELAND.


Quinaielt Reserve.
[In Puyallup Agency; occupied by Hoh, Quaitso, and Quinaielt tribes; area, 350 square miles; treaties July 1, 1855, and January 25, 1856.]

EXECUTIVE MANSION, November 4, 1873.

In accordance with the provisions of the treaty with the Quinaielt and Quillehute Indians, concluded July 1, 1855, and January 25, 1856 (Stats. at Large, vol. 12, p. 971), and to provide for other Indians in that locality, it is hereby ordered that the following tract of country in Washington Territory (which tract includes the reserve selected by W. W. Miller, superintendent of Indian affairs for Washington Territory, and surveyed by A. C. Smith, under contract of September 16, 1861) be withdrawn from sale and set apart for the use of the Quinaielt, Quillehute, Hoh, Quite, and other tribes of fish-eating Indians on the Pacific coast, viz: Commencing on the Pacific coast at the southwest corner of the present reservation, as established by Mr. Smith in his survey under contract with Superintendent Miller, dated September 16, 1861; thence due east, and with the line of said survey, 5 miles to

{Page 924}

the southeast corner of said reserve thus established; thence in a direct line to the most southerly end of Quinaielt Lake; thence northerly around the east shore of said lake to the northwest point thereof; thence in a direct line to a point a half mile north of the Queetshee River and 3 miles above its mouth; thence with the course of said river to a point on the Pacific coast, at low-water mark, a half mile above the mouth of said river; thence southerly, at low-water mark, along the Pacific to the place of beginning.

U. S. GRANT.


Shoalwater Reserve.
[In Puyallup Agency; area, one-half square mile; occupied by Shoalwater and Chehalis.]

EXECUTIVE MANSION, September 22, 1866.

Let the tract of land as indicated on the within diagram be reserved from sale and set apart for Indian purposes, as recommended by the Secretary of the Interior in his letter of the 18th instant, said tract embracing portions of sections 2 and 3 in township 14 north, range 11 west, Washington Territory.

ANDREW JOHNSON.


Skokomish Reserve.
[In Puyallup Agency; area, one-half square mile; occupied by Clallam, Twana, and Skokomish; treaty January 26, 1855.]

EXECUTIVE MANSION, February 25, 1874.

It is hereby ordered that there be withdrawn from sale or other disposition and set apart for the use of the S’Klallam Indians the following tract of country on Hood’s Canal in Washington Territory, inclusive of the six sections situated at the head of Hood’s Canal, reserved by treaty with said Indians January 26, 1855 (Stats. at Large, vol. 12, p. 934), described and bounded as follows: Beginning at the mouth of the Skokomish River; thence up said river to a point intersected by the section line between sections 15 and 16 of township 21 north, in range 4 west; thence north on said line to a corner common to sections 27, 28, 33, and 34 of township 22 north, range 4 west; thence due east to the southwest corner of the southeast quarter of the southeast quarter of section 27, the same being the southwest corner of A. D. Fisher’s claim; thence with said claim north to the northwest corner of the northeast quarter of the southeast quarter of said section 27; thence east to the section line between sections 26 and 27; thence north on said line to corner common to sections 22, 23, 26, and 27; thence east to Hood’s Canal; thence southerly and easterly along said Hood’s Canal to the place of beginning.

U. S. GRANT.


Spokane Reserve.
[Colville Agency; area, 240 square miles.]

[Special Field Orders No. 3.]

HEADQUARTERS DEPARTMENT OF THE COLUMBIA
In the Field, Spokane Falls, Wash., September 3, 1880.

Whereas in consequence of a promise made in August, 1877, by E. C. Watkins, inspector of the Interior Department, to set apart, or have set apart, for the use of the Spokane Indians the following-described

{Page 925}

territory, to wit: Commencing at the mouth of Cham-a-kane Creek, thence north 8 miles in direction of said creek, thence due west to the Columbia River, thence along the Columbia and Spokane Rivers to the point of beginning—the Indians are still expecting the Executive order in their case, and are much disturbed by the attempts of squatters to locate land within said limits: It is hereby directed that the above-described territory, being still unsurveyed, be protected against settlement by other than said Indians until the survey shall be made, or until further instructions. This order is based upon plain necessity to preserve the peace until the pledge of the Government shall be fulfilled, or other arrangements accomplished.

The commanding officers of Forts Cœur d’ Alène and Colville and Camp Chelan are charged with the proper execution of this order.

By command of Brigadier-General Howard.

H. H. PIERCE,
First Lieutenant, Twenty-first Infantry, Acting Aid-de-Camp.

EXECUTIVE MANSION, January 18, 1881.

It is hereby ordered that the following tract of land, situated in Washington Territory, be, and the same is hereby, set aside and reserved for the use and occupancy of the Spokane Indians, namely: Commencing at a point where Chemakane Creek crosses the forty-eighth parallel of latitude; thence down the east bank of said creek to where it enters the Spokane River; thence across said Spokane River westwardly along the southern bank thereof to a point where it enters the Columbia River; thence across the Columbia River, northwardly along its western bank to a point where said river crosses the said forty-eighth parallel of latitude; thence east along said parallel to the place of beginning.

R. B. HAYES.


Swinomish Reserve. (Perry’s Island.)
[In Tulalip Agency; occupied by Dwamish, Etakmur, Lummi, Snohomish, Sukwamish, and Swinomish; area, 2¾ square miles; treaty January 22, 1855.]

EXECUTIVE MANSION, September 9, 1873.

Agreeably to the within request of the Acting Secretary of the Interior, it is hereby ordered that the northern boundary of the Swinomish Reservation, in the Territory of Washington, shall be as follows, to wit: Beginning at low-water mark on the shore of Sim-ilk Bay at a point where the same is intersected by the north and south line bounding the east side of the surveyed fraction of 9.30 acres, or lot No. 1, in the northwest corner of section 10 in township 34 north, range 2 east; thence north on said line to a point where the same intersects the section line between sections 3 and 10 in said township and range; thence east on said section line to the southeast corner of said section 3; thence north on east line of said section 3 to a point where the same intersects low-water mark on the western shore of Padilla Bay.

U. S. GRANT.


Tulalip or Snohomish Reserve.
[Area, 14 square miles; occupied by Dwamish, Etakmur, Lummi, Snohomish, Sukwamish, and Swino mish; treaty January 22, 1855.]

EXECUTIVE MANSION, December 23, 1873.

It is hereby ordered that the boundaries of the Snohomish or Tulalip Indian Reservation, in the Territory of Washington, provided for in the third article of the treaty with the Dwamish and other allied tribes of

{Page 926}

Indians, concluded at Point Elliott, January 22, 1855 (Stats. at Large, vol. 12, p. 928), shall be as follows, to wit: Beginning at low-water mark on the north shore of Steam-boat Slough at a point where the section line between sections 32 and 33 of township 30 north, range 5 east, intersects the same; thence north on the line between sections 32 and 33, 28 and 29, 20 and 21, 16 and 17, 8 and 9, and 4 and 5, to the township line between township 30 and 31; thence west on said township line to low-water mark on the shore of Port Susan; thence southeasterly with the line of low-water mark along said shore and the shores of Tulalip Bay and Port Gardner, with all the meanders thereof, and across the mouth of Ebey’s Slough to the place of beginning.

U. S. GRANT.


Yakima Reserve.
[Area, 917 square miles; occupied by Klikitat, Paloos, Topnish, Wasco, and Yakima; treaty June 9, 1855, act August 15, 1894 (28 Stat., 320).]

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, November 21, 1892.

SIR:     On the 19th of July last, Jay Lynch, agent for the Yakama Indians, called attention to the tenth article of the treaty of June 9, 1855 (12 Stats., p. 954), which provides—

That there is also reserved and set apart from the lands ceded by this treaty for the use and benefit of the aforesaid confederated tribes and bands, a tract of land not exceeding in quantity one township of 6 miles square, situated at the forks of the Pisquouse, or Wenatshapam River, and known as the “Wenatshapam fishery,” which said reservation shall be surveyed and marked out whenever the President may direct, and be subject to the same provisions and restrictions as other Indian reservations—

and asked whether or not said tract of land had ever been surveyed and definitely located and marked out as therein provided.

The records of this office failed to disclose any information of such a survey or even the location of said tract, and from inquiry made of the Yakama Indians through Agent Lynch, respecting its status, it was evident that they had no knowledge of any action ever having been taken to definitely locate the said tract. Report was therefore made to the Department on the 27th of August last of the facts herein stated, and a request was made that authority be given Agent Lynch to visit the locality of said “fishery,” supposed to be some 75 to 100 miles distant from the agency, and to locate said tract of land by metes and bounds or by natural objects, taking care not to interfere with the vested rights of any settlers or other parties that might be located thereon.

This authority and request being granted on the 29th of August, Agent Lynch was instructed on the 8th of September to visit said fishery, reserved and set apart by said treaty for the use of said Indians, and to fix and determine, as best he could, the boundaries of said tract of land by metes and bounds or by natural objects, that it might be surveyed and marked out, under directions of the President, as the treaty stipulated, and to submit an estimate of the probable cost to have such tract of land as he might designate properly marked out and surveyed. Agent Lynch was furnished the latest edition of the map of Washington issued by the General Land Office for his guidance in determining the location.

On the 24th of October last he submitted his report under said instructions, giving a description of the tract and of its proposed boundaries, with a plat thereof, and a letter from the surveyor-general of Washington, who stated the rates of survey in that State, which are herewith submitted.

{Page 927}

In this report he estimated the distance from the agency to the fishery to be 150 miles by the nearest route, and that Lake Wenatchee, as now called, was 50 miles from the mouth of the Wenatchee River, and that the lake was really only “a widening out” of the river for the space of two or three miles in the valley, which was surrounded by mountains. He reported that there are two large creeks flowing into the river just below the lake, which he was of the opinion were forks of the river referred to in the treaty and known as the “fishery,” although the map sent represented the “forks of the river” as above the lake, which he states is incorrect.

The tract recommended by the agent as the land to be set apart, is, I think, substantially the reservation provided for in the treaty, and is heavily timbered and in a mountain district and not agricultural in any sense of the word. This tract is only valuable, he states, for its timber and fishery privileges, and includes the lower end of the lake and both sides of the river for a distance of 10 miles below the lake, with the river as near the center thereof as practicable to make it so, and is described (the description given by the agent being somewhat different) as follows:

Commencing at a point on the right bank or west shore of Lake Wenatchee, 1 ½ miles by the shore lines from the right bank of the river Wenatchee, where it leaves (not enters) the lake, thence in a southwesterly direction to a point 1 ½ miles due southwest from the mouth of the river, thence southeastwardly, parallel to the general course of the river, 10 miles, thence in a northeasterly direction, and across said river 3 miles, thence in a northwesterly direction, parallel to the general course of the river to the lake, thence in a direct line across the lake to the place of beginning, provided the area does not exceed the quantity of 6 miles square, limited by the treaty.

Inasmuch as this provision of the treaty has remained unfulfilled over thirty-three years since the proclamation of the treaty, April 18, 1859, and the country is being rapidly settled and the Great Northern Railroad is extending its system in that direction, I have the honor to recommend that the matter be laid before the President for direction to have the survey of the tract of land reserved and set apart by the tenth article of the Yakima treaty of June 9, 1855, made and marked out at the earliest practicable period, and that the Commissioner of the General Land Office be directed to instruct the surveyor-general of Washington to make said survey under the supervision of the Indian agent in accordance with the suggestions herein contained, and the expenses thereof be paid out of the appropriation for “survey of Indian reservations for 1893.”

The surveyor-general, in his letter to Agent Lynch, gives the rate for standard and meander lines not exceeding $9 per mile; but for the survey of lands heavily timbered, mountainous, or covered with dense undergrowth there may be allowed, with the approval of the Secretary of the Interior, a rate not exceeding $25 per linear mile. The agent in submitting his estimate fixes the rate at $18 and the distance 30 miles, making the estimate of the cost in the aggregate $540. I therefore recommend that in directing the surveyor-general to make the survey that the expense be limited to the sum of $540, or so much thereof as may be necessary.

It is not intended that the description herein given shall be followed strictly in making the survey, but that it should be considered in connection with the language of the treaty. The surveyor-general should be allowed, if necessary, to make such divergence from the outboundaries herein described as, in his judgment, the topography of the land may demand, provided that the lines surveyed and marked out when completed should embrace the whole of the land contemplated to be set apart by the treaty, and approximately near the area named therein.

Very respectfully, your obedient servant,
T. J. MORGAN,
Commissioner.

Hon. SECRETARY OF THE INTERIOR.

{Page 928}

DEPARTMENT OF THE INTERIOR,
Washington, November 26, 1892.

The PRESIDENT:

The treaty of June 9, 1855 (12 Stats., 954), provides for a reservation of a tract of land not exceeding in quantity one township of 6 miles square for the Yakima Indians in the then Territory of Washington, to be known as the “Wenatshapam fishery,” which “said reservation shall be surveyed and marked out whenever the President may direct, and be subject to the same provisions and restrictions as other Indian reservation.”

The attention of the Indian Office was called to this provision in July last by the Yakima agent, and he was directed by the Commissioner to visit the locality of the said “fishery,” and to locate said tract by metes and bounds, taking care not to interfere with the vested rights of any settlers or other parties that might be located thereon.

On October 24 he submitted his report herewith, in which he gives a description of the lands to be surveyed and marked, and states that said lands are heavily timbered and in a mountain district, and only valuable for the timber and fishery privileges.

The Commissioner of Indian Affairs states that this country is being rapidly settled, and the Great Northern Railroad is extending its system in that direction, and recommends said lands be surveyed for the purpose named in said treaty.

Concurring in the recommendation of the Commissioner, I have the honor to request that the Commissioner of the General Land Office be authorized to instruct the surveyor-general of Washington to make said survey under the supervision of the Yakima agent, and in accordance with his suggestions, allowing him, however, to make such divergence from the outboundaries described in the Commissioner’s letter as in his judgment the topography of the land may demand, provided that the lines surveyed and marked out, when completed, shall embrace the whole of the land contemplated to be set apart by the treaty and approximately near the area named therein, and that your authority be indorsed hereon.

I have the honor to be, very respectfully, your obedient servant,
JOHN W. NOBLE,
Secretary.

EXECUTIVE MANSION,
November 28, 1892.

Approved:

BENJ. HARRISON.


Search | OSU Library Digitization Center

Produced by the Oklahoma State University Library
Generous support provided by The Coca-Cola Foundation, Atlanta, GA
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu