THE NEZ PERCÉ INDIANS OF JOSEPH'S BAND.

The question as to the final settlement and permanent location of the Nez Percé Indians who surrendered under Chief Joseph to General Miles, in the year 18 7, has been a subject of much concern and annoyance both to the department and the Indians themselves. The facts in connection with their surrender and subsequent location in the Indian Territory, are matters of public notoriety, and have been alluded to in former annual reports. At the time of the surrender it was stated, and the information before this office corroborated the statement, that such cruel and unprovoked murders had been committed by Joseph and his band in Idaho as to create an almost insuperable barrier against their return to their old home, and to banish all expectation of peace or safety for Joseph and his followers on that reservation, or in its vicinity, at least until the resentment awakened by these offenses should be somewhat modified by the lapse of time. With a desire to solve the problem in such a way as to maintain and enforce a proper and due regard for the laws and authority of the government, and at the same time avoid doing any injustice to a brave but misguided captive, this office and the department acquiesced in the various recommendations of the distinguished military officials who had been actively engaged in accomplishing the surrender, and who had also taken a very prominent part in endeavoring to secure an amicable settlement of the difficulties, and consented to the removal of Joseph and his band to the Indian Territory. By the Indian appropriation act of May 27, 1878 (20 Stat., p. 74), an appropriation was made to enable the Secretary of the Interior to remove these Nez Percés, then held prisoners of war at Fort Leavenworth, Kausas, to a suitable location in the Indian Territory, and for their settlement thereon. On the 21st of July, 1878, these Indians were turned over to Inspector McNeil and Agent Jones, and placed upon the Quapaw Reservation. On the 15th of October, 1878, Commissioner Hayt visited them, and took chiefs Young Joseph and Husescruyt (Bald-Head) to the west of the Arkansas River for the purpose of selecting a permanent home for the band. They selected a tract a few miles west of the Ponca Reserve, where the Sha-kaskia empties into Salt Creek, viz, townships 25 and 26 N., ranges 1 and 2 west, containing 90,710.89 acres.

On the 31st of January, 1879, Young Joseph and Yellow Bull, first and second chiefs, acting for the band, made an agreement whereby they proposed to relinquish all claim to their lands in Idaho or elsewhere and settle permanently in the Indian Territory upon four townships of land to be selected and purchased by the government for their use and Occupancy, which agreement was submitted to the department February 1, 1879, for ratification by Congress, and was accompanied by a draft of bill for that purpose. The bill did not become a law, yet the Indians have been located on the four townships above named, and Congress for three years has made annual appropriations for their maintenance and support thereon.

It has been hoped that the advantages of the location selected for this band of Nez Percés in the Indian Territory would be such as to engender in them a spirit of enterprise and emulation, which after a few years would make them comparatively contented with their new home. This hope, however, has not been realized, and although, since the time of their surrender, these people have exhibited a quiet and unmurmuring submission to the inevitable, and have manifested a conscientious desire to obey all laws and regulations provided for their government, yet as each year passes numerous petitions and urgent requests come from

them praying to be returned to their old home and relatives. Their quiet and peaceable conduct since the surrender, and their efforts to be law-abiding and self-supporting are commendable, and under the circumstances remarkable.

The larger proportion of the Nez Percé tribe are located on the reservation in Idaho, and as a rule this tribe has been a strict observer of all treaty convenants with the government. They were active in their efforts to subdue the outbreak of Chief Joseph and his band, and in the battle with their kindred some of them were killed and others wounded. Joseph and his band appear to be the only ones of the tribe who have ever engaged in hostility against the whites. Not in the least excusing or attempting to palliate the crimes alleged to have been committed by them, it is but fair to say that their warfare was conducted with a noticeable absence of savage barbarity on their part, and that they persistently claim that when they surrendered to General Miles it was with the express stipulation that they should be sent back to Idaho. Whether this alleged stipulation be true or not, it is a fact that their unfortunate location near Fort Leavenworth, when in charge of the military, and the influences of the climate where they are now located in the Indian Territory, have caused much sickness among them; their ranks have been sadly depleted, and it is claimed that if they are much longer compelled to remain in their present situation, the entire band will become virtually extinct.

It is now about five years since the surrender, and a sufficient time has probably elapsed to justify the belief that no concerted effort will be taken to avenge wrongs alleged to have been perpetrated by these people so many years ago. The band now numbers only about 322 souls, and the reservation in Idaho is ample to accommodate them comfortably, in addition to those who are already there, who are substantially self-supporting and who have enough to spare a portion for their less fortunate brethren, and, as I understand, are willing to give them such aid.

The deep-rooted love for the "old home," which is so conspicuous among them, and their longing desire to leave the warm, debilitating climate of the Indian Territory for the more healthy and invigorating air of the Idaho Mountains, can never be eradicated, and any longer delay, with the hope of a final contentment on their part with their present situation, is, in my judgment, futile and unnecessary. In view of all the facts, I am constrained to believe that the remnant of this tribe should be returned to Idaho, if possible, early next spring, and I respectfully suggest that this matter be submitted to Congress at its next session, with a recommendation that an appropriation be made sufficient to meet the necessary expenses of removal thither. But if Congress should decide that the best interests of all concerned will be best subserved by retaining these Indians where they now are, it will be necessary to have such legislation as will perfect the title to the lands which have been selected for them and upon which they now reside.

PONCAS:

In my last annual report reference was made to the mistake which occurred in the treaty between the United States and the Sioux Indians, concluded April 29, 1868 (15 Stat., 635), by which lands belonging to the Poncas were taken away from them and given to the Sioux. It was stated that an agent was then among the Sioux Indians, parties to the treaty of April 29, 1868, to obtain the ratification of the agreement en

tered into at Washington, August 20, 1881, by certain chiefs of the Sioux, for the purpose of correeting the mistake in part. Since that time the agreement has been signed by 722 members of the bands located at the Standing Rock Agency; by 416 of those located at the Cheyenne River Agency; by 908 of the Ogallalas, located at Pine Ridge; and by 292 of the Lower Brulés; making a total of 2,338.

The Indians at Rosebud Agency having refused to sign this agreement, the agent was instructed, under date of January 27, 1882, to make a written statement on the back of the agreement that the Indians at that agency refused to sign an agreement to give more than 160 acres to beads of families and 80 acres to single adults, but that they do agree to sign one giving the amount as above. Eleven hundred and sixty-seven of these Indians thereupon signed the following modified agreement:

We, the undersigned Indians of Rosebud Agency, Dakota, refuse to sign this agreement giving 640 acres to heads of families, but we do hereby agree to give 160 acres for the use and occupation of each head of family, and 80 acres to each single male or female over eighteen years of age, and we have as an evidence that we consent to and ratify this amended agreement hereunto subscribed our names this 28th day of March, A. D. 1882.

Three thousand five hundred and five of the Sioux Indians, therefore, have consented to the agreement either as originally prepared or in the modified form.

The Lower Yanktonais, located at Crow Creek Agency, refused to sign the agreement on the ground that they had no interest or right in the lauds embraced in the Great Sioux Reservation, and that their rights and interests, if they had any, were in the lands on the east side of the Missouri River. They also claimed that they had never participated in any of the treaties or negotiations in regard to lands on the west side of the Missouri River. The treaty of April 29, 1868, however, purports to be signed by twenty-four chiefs and headmen of the Yanktonnais.

The Santee Sioux have thus far refused to sign the original agreement. on the ground that the Northern Indians had signed a modified agreement. The agent at Santee Agency has recently been instructed to endeavor to obtain the signatures of the Santee Sioux to the agreement executed by the Rosebud Indians in case they still refuse to sign the original.

The total Indian population of the Great Sioux and Santee Reservations (including Crow Creek) is estimated at 23,081. Allowing one-fifth of the population to be adult males, it would require the signatures of 3,462 Indians to comply with the requirements of the twelfth article of the treaty of April 29, 1868. A sufficient number, therefore, have signed the agreement giving 160 acres to each head of a family, and 80 acres to each single adult, if it be held that the agreement to give the greater quantity includes the lesser. This matter will form the subject of a special report in time for action at the beginning of the next session of Congress.

BLACKFEET INDIANS IN MONTANA.

Some months ago the agent of the Blackfeet Indians, who is, I believe, a good man, and a faithful agent, made a request that his Indians be allowed to cut some of the pine timber in the mountainous part of the reservation, mannfacture it into lumber, and trade the lumber for provisions to prevent starvation; but under the law, as it now exists, this could not be allowed. Then the agent asked permission, which was granted, to solicit contributions among his friends in the East, to prevent suffering among his Indians; and now, while I write, word com s

that these Indians are nearly destitute of food, and that there is danger that the cattle herd, which belongs to the government, and which it is desirable should be kept for stock purposes, will be killed by them for food. The appropriation for these Indians for the year gives to each one less than an ounce of beef and less than one ounce and one-half ounce of flour each day. In view of these facts I think I risk nothing in saying that any law that prohibits Indians under such circumstances from using the timber on the reservation, to prevent starvation, is absurd to the last degree. There is appropriated each year for the Indians on the San Carlos Reservation about $300,000, and yet there is on this reservation coal that if utilized would make an appropriation unnecessary; but under the present laws this cannot be done. Is it not plain that these laws should be changed?

CROW CESSION AND ALLOTMENTS.

Attention was called in the annual report of last year to the agreement made with the Crow Indians in 1880, and its ratification by Congress was urged. Under date of December 14, 1881, the subject was laid before the department, setting forth the terms of the agreement, whereby the Crows proposed to cede 1,552,800 acres of land from the western portion of their domain, and submitting a bill to ratify said agreement, with recommendation that Congress take early action thereon. The agreement, which appears in full on page 253 of this report, was ratified by Congress, and its action approved by the President April 11, 1882. Provision is made in this agreement for the allotment of lands in severalty to the Indians, for the erection of houses, and for the purchase of seeds, farming implements, and stock. An appropriation of $15,000 was made to pay the expenses of the survey of the lands to be allotted. In compliance with these provisions the General Land Office has been directed to make said survey in the valleys of the Big Horn and Little Big Horn Rivers, and when the survey is completed instructions will be issued to the agent to make allotments of land in severalty, as provided in said agreement.

SALE OF A PART OF THE OMAHA RESERVATION.

In a special report to the department, dated September 18 (ultimo), the attention of the department was called to the recent act (approved August 7, 1882) providing for the sale of a part of the reservation of the Omaha tribe of Indians in the State of Nebraska. It was stated that, in the absence of a specific appropriation to meet the expenses thereof, it was difficult to see how the survey (if a resurvey should be found necessary) and appraisement could be proceeded with; but it was suggested that steps might be taken to obtain the consent of the Indians, as required in sections 1 and 5 of said act, and that the allotments provided for in section 5 might be selected and submitted for approval, so that no unnecessary delay might be experienced when the proper time should arrive for proceeding with the sale of the lands as authorized. By section 8 of the act the Indians are permitted, if they shall so elect, to select allotments within the tract designated to be sold, and while it is not thought that there are any who desire to make selec tions there, it might be well to ascertain their intentions in that respect, so that if there be any such they may make their selections and have them approved before the appraisement is begun.

MESCALERO APACHE RESERVATION.

Early in the present year a considerable change was made in the boundaries of the Mescalero Apache Reservation in New Mexico, by which a goodly portion thereof was restored to the public domain from the north and west, while a tract containing an area equal to about five townships. was added thereto on the east. This change was made to satisfy the wishes of the white population of the "Nogal Mining District," so called, and by so doing to allay the ill feeling against the Indians which it was not difficult to see was fast taking the place of previously acknowledged friendship for them. It appears that upon the discovery of gold in the Nogal Mountains a large body of miners and prospectors were attracted there, and that in due time what is now known as the "Nogal Mining District" was organized. New veins were discovered, and many locations were made upon lands afterwards discovered to be within the reservation. As was natural, when a knowledge of these facts reached the Indians a spirit of dissatisfaction was manifested, and the miners, fearing that they might lose the results of their enterprise and labor, appealed to the government through the military. Upon a proper presentation of the facts by their agent, the Indians appeared to appreciate the situation, and finally became convinced that it would be to their interest to yield to the fair demands of the miners. Accordingly they decided to interpose no objection to such reduction of the reservation on the north and west as in the judgment of the department might seem expedient, with the understanding, however, that a strip of country should be added to the reservation on the east, which would afford them additional grazing ground.

The existence of certain claims within the reservation alleged to have been acquired prior to its establishment, and upon which the claimants resided, has been a fruitful source of trouble. This was an additional reason for desiring a reduction of the reservation. By the reduction all but two have been placed outside the limits of the reservation, thereby disposing of a much-vexed question. At the request of the department, a survey of the new boundaries of the reservation is to be conducted at once by an officer of the Army, detailed for that purpose by direction of the Secretary of War.

AMOUNT DUE NAVAJO INDIANS.

I deem it my duty to call the attention of Congress to the sum of $156,651.74, which in my opinion is justly due the Navajoes, but which, under the operations of the act of June 20, 1874, was covered back into the Treasury. The following is a brief history of the case: Article 7 of the treaty with the Navajoes, dated June 1, 1868 (U. S. Stats., vol. 15, page 667), provides that the head of a family who cultivates the soilShall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value $100, and for each succeeding year he shall continue to farm, for a period of two years, he shall be entitled to receive seeds and implements to the value of $25.

In pursuance of this provision, Congress, in 1869, appropriated for "seeds, farming implements, work-cattle, and other stock, for 1,400 families, in conformity with the seventh article of said treaty, $140,000," and in 1870 and 1871 the sum of $35,000 for each year was appropriated for seeds and agricultural implements for 1,400 families, at the rate of $25 per family, making a total appropriation of $210,000. From July 1, 1869, to June 30, 1877, the expenditures from that appropriation for