the mind naturally to two localities as central points to which nearly all the Indians might be gathered. One of these points is the Indian Territory, and the other is the great Sioux Reservation in Dakota Territory. Information as to the relationship of the Indians of various tribes would probably suggest a third point, the White Earth Reservation in Minnesota. To one or the other of these concentering points nearly all of the Indians east of the Pacific States and Territories might be gathered without any great change of accustomed climate.

But there are so many obstacles to overcome, growing out of the opposition of numerous and powerful interests, political, industrial, and commercial; the repugnance of the Indians to leave their homes is so inflexible, and the efforts in the past to effect such concentrations have been attended with such unhappy disasters, that I am constrained to consider the scheme impracticable. The policy of change and unsettlement should give way to that of fixed homes with security of title and possession, and hereafter the civilizing influences and forces already at work among the Indians should be pushed forward upon the lands which they now occupy. The only exceptions should be the reservations, where the lands are so rugged, mountainous, and sterile, or destitute of water as to be unfit for agricultural cultivation or pastoral pursuits.

INTRUDERS AND SQUAW MEN.

In the reports of Indian inspectors and special agents, as well as in those of local agents, frequent mention is made of the great evils arising from the presence of bad and vicious white men within the reservations. It shall be a cherished purpose with this Department to suppress this evil. The act against intrusions needs amendment on this subject. Heavier penalties should be inflicted in cases of its violation. The existing legislation is admirably designed to exclude individual intruders, but utterly inadequate to prevent organized expeditions from invading and taking possession of the Indian lands. The proclamation of the President forbidding such lawless combinations and its enforcement by the movement of troops is a harsh measure and ought not to be resorted to except in extreme cases. Among these bad and vicious men frequent mention is made of a class known as "squaw men," who marry or act as husbands with Indian women. The evil influence of these squaw men is said to be very great. The more experienced of the officers in this Department represent that they foment discord among the Indians themselves, disturb their peaceful inclinations towards the settlers in the country surrounding the reservation, and incite opposition on the part of the Indians to the measures adopted and regulations prescribed by the Department for their advancement and civilization.

In reply to my inquiry how these men could evade the laws against intruders upon Indian reservations by being in the character of husbands to Indian women, I received no satisfactory answer. I recommend the passage of a law which shall provide that any Indian woman

who shall hereafter marry a citizen of the United States shall be deemed a citizen, and that all children born of such marriage shall be deemed citizens. There should be no exception to the law which makes the wife and children follow the state and condition of the father in favor of men whose low instincts make them abandon civilization and hide themselves from the restraints of law and free themselves from social ordinances and observances. Under the provisions of this law no Indian woman would marry such a man with the certainty of losing her membership in the tribe and her right to remain on the reservation.

The condition of our Indian schools and the progress of Indian edudation as exhibited in the report of the superintendent of Indian schools, presents a most gratifying spectacle. The practicability of Indian education is no longer a question. Mr. Calhoun, as Secretary of War under Mr. Monroe, when advocating the scheme which now prevails of bringing all the Indians into reservations under the authority and laws of the United States, thus testifies to the high capacity of these people for education:

Extracts from report of Hon. John C. Calhoun of Feb. 8, 1822:

Unless some system can be devised gradually to change this relation, and with the progress of education to extend over them our laws and authority, it is feared that all efforts to civilize them, whatever flattering appearances they may for a time exhibit, must ultimately fail. Tribe after tribe will sink, with the progress of our settlements and the pressure of our population, into wretchedness and oblivion. Such has been their past history, and such, without this change of political relation, it must probably continue to be. To effect it, many difficulties present themselves. It will require the co-operation of the General Government and the States within which the Indians may reside. With a zealous and enlightened co-operation it is, however, believed that all difficulties may be surmounted, and this wretched, but in many respects noble race, be ultimately brought within the pale of civilization. Preparatory to so radical a change in our relation towards them, the system of education which has been adopted ought to be put into extensive and active operation. This is the foundation of all other improvements. It ought gradually to be followed with a plain and simple system of laws and government, such as has been adopted by the Cherokees; a proper compression of their settlements, and a division of landed property. By introducing gradually and judiciously these improvements, they will ultimately attain such a state of intelligence, industry, and civilization as to prepare the way for a complete extension of our laws and authority over them.

As far, however, as civilization may depend on education only, without taking into consideration the force of circumstances, it would seem that there is no insuperable difficulty in effecting the benevolent intention of the Government. It may be affirmed, almost without qualification, that all of the tribes within our settlements and near our borders are even solicitous for the education of their children. With the exception of the Creeks, they have everywhere freely and cheerfully assented to the establishment of schools, to which, in some instances, they have contributed. The Choctaws in this respect have evinced the most liberal spirit, having set aside $6,000 of their annuity in aid of the schools established among them. The reports of the teachers are almost uniformly favorable, both as to the capacity and docility of their youths. Their progress appears to be quite equal to that of white children of the same age, and they appear to be equally susceptible of acquiring habits of industry. At some

of the establishments a considerable portion of the supplies are raised by the labor of the scholars and teachers.

With these indications, it would seem that there is little hazard in pronouncing that, with proper and vigorous efforts, they may receive an education equal to that of the laboring portion of our community.

I think the policy of securing the co-operation of those religious and philanthropic societies which have for so many years labored for the amelioration of the condition of the Indians should be continued. They have expended within the last few years in money alone millions of dollars, and experience has shown the benefits of their aid and assist

ance.

I desire here to acknowledge my own obligations to these associations for their co-operation, and also my high appreciation of the aid I have derived from the counsels and sympathy of those Christian ministers who, in the spirit of their divine Master, are devoting themselves to the best and highest interests "of this unfortunate and, in some respects, noble race."

I have detailed at some length the transactions of this Bureau, in order to enable you to recommend such measures as, in your judgment, will be best for the interests involved. But it is my duty to say that I do not believe any measures of the Government or efforts of philanthropy will of themselves solve the Indian problem, but that the Christian religion must and will be the chief' instrumentality (through its pure and holy influences upon individual character, morals, and aspirations) to regenerate and uplift this race from its present coudition to a higher life and a nobler destiny.

THE OLD WINNEBAGO AND CROW CREEK INDIAN RESERVATIONS IN DAKOTA TERRITORY.

I had scarcely entered upon the duties of this office when I was confronted with grave difficulties and embarrassments, growing out of an order issued by President Arthur on February 27, 1885, restoring to the public domain the greater portion of the lands comprised within the boundaries of the old Winnebago and Crow Creek Reservations. Complaints were made at once by the agent for the Indians occupying those lands, and by various individuals and associations of individuals throughout the country, that the rights of the Indians, guaranteed to them by treaties, had been invaded and violated by the issuance of said Executive order. Attention was called especially to the fact that this order, throwing open these lands to settlement, was to take effect, not prospectively, at some future day, as is usual with such orders, but instanter, upon the date of the order.

I gave the matter careful consideration, having first directed that the land offices should allow no filings or declarations to be made with reference to lands within the limits of said reservations.

These two reservations contained an aggregate area of about 620,312

acres.

The former was occupied by the Winnebagoes until the treaty with these Indians, proclaimed March 28, 1866 (14 Stat., 671), ceded their right, title, and interest therein to the United States. The Crow Creek Reservation was occupied by certain bands of Sioux Indians named in the law of March 3, 1863 (12 Stat., 819), for whom that tract of land was selected in pursuance of the provisions of that law. These Sioux Indians remained upon the latter tract until 1866, when they were removed to another, selected for them as better adapted to their wants, on the Niobrara River, in Nebraska Territory. Other Indians of the Sioux tribe moved upon and occupied portions of the two old reservations thus vacated, and the lands remained in their occupancy until the treaty of April 29, 1868, with the Sioux Nation of Indians (15 Stat., 635). In Article II of that treaty provision is made for a reservation for the Sioux Indians. After describing the boundaries of said reservation west of the Missouri River, that article contains the following words:

And in addition thereto, all existing reservations on the east bank of said river shall be, and the same is, set apart for the absolute and undisturbed use and occnpancy of the Indians herein named, &c.

Under this clause of the treaty it was held by this Department that the old Winnebago and Crow Creek Reservations on the east side of the Missouri River were made a part of the Great Sioux Reservation provided for in that treaty, and they were so treated by the laws of Congress, by other treaties with Indians, and by the administrative action of the Department, until February 27, 1885, when President Arthur issued the order above referred to.

On March 17, 1885, I submitted for the consideration of the AttorneyGeneral and for his opinion thereon, the two questions:

First. Whether the lands comprising the two tracts, or either of them, were at the date of the treaty of April 29, 1868, with the Sioux Indians, in a state of reservation and "existing reservations" within the meaning and intent of Article II of said treaty?

Second. Whether it was in the power and authority of the Executive to restore to the public domain those portions of the land in question thus sought to be affected by the Executive order of February 27, 1885 ↑

The honorable Attorney-General held, in opinion given March 30, 1885, that "the lands in question are covered by the treaty of April 29, 1868, and consequently that the Executive order of February 27, 1885, is inoperative."

After consideration of the subject by the President, he determined that "the lands so proposed to be restored to the public domain by said Executive order of February 27, 1885, are included as existing Indian reservations on the east bank of the Missouri River by the terms of the second article of the treaty with the Sioux Indians, concluded April 29, 1868, and that consequently, being treaty reservations, the Executive was without lawful power to restore them to the public domain by

said Executive order, which is therefore deemed and considered to be wholly inoperative and void."

This decision was announced by the issuance of a proclamation by the President on April 17, 1885, warning and admonishing all persons in the occupation of said lands under color of said Executive order, as well as those who may be intending or preparing to enter and settle upon the same thereunder, that they will neither be permitted to remain or enter upon said lands, and requiring those persons already there to vacate and remove therefrom with their effects within sixty days from the date thereof.

The governor of Dakota, in his reports, states that this order has been almost unversally obeyed, and that these lands are practically free from settlers. The exceptions, if any exist, are cases in which a removal would cause suffering. Many of the settlers, I am told, went there in good faith under what they supposed was proper authority. The case requires legislation.

OKLAHOMA.

By the third article of the treaty of August 16, 1866 (14 Stat., 766), it is stipulated that "in compliance with the desire of the United States to locate other Indians and freedmen thereon, the Seminoles cede to the United States their entire domain," consisting of 2,169,080 acres, at the rate of 15 cents per acre.

acres.

By the third article of the treaty of August 11, 1866 (Ibid., 786), the Creeks, for the same purpose, ceded to the United States the west half of their entire domain, which cession passed 3,402,430 acres, at the rate of 30 cents per acre. The two cessions combined aggregated 5,571,410 The Indians have been paid therefor according to agreement. In pursuance of the purpose for which these lands were ceded to the United States, portions on the east and the west thereof have been from time to time set apart for and assigned to certain tribes and bands of friendly Indians for their use and occupancy.

That portion of the land remaining unappropriated to the trust provided for in the treaties lies very nearly in the center of the Indian Territory. It is this unappropriated tract that is commonly called the

Oklahoma Country." No agent of the Government resides upon this land, and it is not occupied in any way by any person or persons for any purpose under any authority of this Department.

An organized movement by certain persons was begun and set on foot some years past for the forcible possession of and settlement upon these lands under the plea that they formed a part of the public domain and were subject to entry and settlement under the general land laws of the United States. To prevent such unlawful and unauthorized settlements it became necessary for the Executive to issue the proclamations of April 26, 1879, February 12, 1880, and July 1, 1884, defining the status of those lands, and warning all persons against any attempts