With this new legislation in force, and from information received respecting these Indians, I am led to believe that their proposed removal under existing law will be successfully accomplished by Agent Newman. In fact, many have already gone to the reservations named. Some have delayed, awaiting the new legislation mentioned, and others to defend their rights to certain lands upon which they have settled and made their homes, being guaranteed title to such lands by the agreement aforesaid. The Department of Justice, upon request from this office through the Department, has instructed the proper U. S. district attorney to defend the actions instituted against these Indians for their homes, and Agent Newman has been instructed to furnish the attorney the information in his possession and to aid him in the matter. I look for a completion of this work within a reasonable time. STOCKBRIDGE AND MUNSEE ENROLLMENT. The enrollment of the Stockbridge and Munsee Indians, as provided. for in the act of March 3, 1893 (27 Stats., 744), has been completed by Mr. C. C. Painter, who was designated by the Department for such duty. His final report was submitted January 29, 1894. He found 481 persons entitled to enrollment, and submitted for the decision of this office a number of other cases that had been contested. Five of these were cases of women who had been adopted into the tribe, but who, Mr. Painter thought, were not entitled to enrollment on account of the fact that at the time of the adoption the tribe was composed only of what was known as the Indian party. Careful examination was given to the question as to the parties whose enrollment had been objected to by the Indians and by Mr. Painter, and in the report of May 28, 1894, from this office, the rights of the parties were set forth and a revised roll submitted for the approval of the Department. This roll contained 17 names more than were admitted to enrollment by Mr. Painter, making 498 in all. The enrollment as revised was approved by the Secretary of the Interior June 12, 1894. Subsequently, on recommendation of the Indians, the agent, and Mr. Painter, the Department authorized the enrollment of 5 other persons, whose names had been left off by Mr. Painter through inadvertence. The membership of the tribe, therefore, is now fixed as 503 persons, and as great care was taken in the preparation of instructions for the enrolling agent and in the examination of his report, it is hoped that the divisions which have heretofore existed in the tribe as to the rights of certain persons to membership therein are now settled and will give no further trouble. The act of March 3, 1893, under which this enrollment was made, imposed the further duty upon the Government of issuing patents in fee simple to the Stockbridge and Munsee Indians, who have, either themselves or by their proper representatives, continuously occupied the lands allotted to them under the treaty of 1856 and the act of 1871. This duty has not yet been performed, for the reason that it has been impracticable up to this time to identify allottees entitled to patent under this provision of the law. This work will be done as soon as a special agent of this Department can be spared for that purpose. After the identification of these allottees and the issuance of patents to them, it is my purpose to recommend that authority be granted for the allotment of the remaining lands of the reservation, either under the act of February 8, 1887 (24 Stats., 388), as amended by the act of February 28, 1891 (26 Stats., 794), or under some special act of Congress to be obtained for that purpose. I am convinced that the sooner all the lands of the reservation are allotted and the trust funds of these Indians distributed to them, the better it will be both for the Indians and the Government. On account of their disposition to disagree in all matters relating to their affairs, I am satisfied that as long as there is any common property belonging to the tribe there will be contentions and trouble. They are well advanced in civilization, and, in my opinion, competent to take care of themselves and manage their personal affairs. UINTAH AND UNCOMPAHGRE UTES. During the last session, H. R. bill 6557 and S. bill 1887 were introduced in Congress, both providing for making allotments on the Uintah and Uncompahgre Ute reservations and opening the surplus lands to settlement. This proposed legislation did not originate in this office, and in reports to the Department, dated April 19th and 23d last, recommendation was made, for the reasons therein set forth, against the passage of either of said bills. Neither of these bills passed as a separate measure; but their provisions were substantially incorporated in sections 20, 21, 22, and 23 of the Indian appropriation act for the current fiscal year. THE WENATCHEE FISHERY. In my last annual report (pages 100, 101) recommendation was made that negotiations be had with the Yakima Indians for the cession of all their rights to the township of land and the fishery, which, by the tenth article of the treaty of June 9, 1855 (12 Stats., 954), was to be reserved and set apart for their use. Accordingly, John Lane, special U. S. Indian agent, and Lewis T. Erwin, U. S. Indian agent, were instructed October 25, 1893, to call a council of the Yakima Indians, for the purpose of negotiating for said cession. These instructions were promptly carried into effect, and on the 29th of January Agent Erwin forwarded council proceedings and an agreement executed January 8, 1894, whereby the Indians ceded and relinquished to the United States, for the sum of $20,000, all their claim to lands and rights of fishery as set forth in the tenth article of said treaty. A copy of the council proceedings and agreement was forwarded to the Department March 17, 1894, with recommendation that the same be submitted to Congress. By the thirteenth section of the Indian appropriation act, approved August 15, 1894 (Public, No. 197, p. 38), the agreement was duly confirmed and ratified, and the money appropriated to carry it into effect. WINNEBAGOES IN MINNESOTA. By the first article of the Winnebago treaty of April 15, 1859 (12 Stats., 110), no provision was made for the issue of patents to the several members of the tribe to whom lands in severalty should be allotted, but certificates were to be issued by the Commissioner of Indian Affairs, with the stipulation that said tracts should not be alienated in fee, leased, or otherwise disposed of, except to the United States or to members of the tribe. By the fourth section of the act of February 21, 1863, (12 Stats., 658), for the removal of the Winnebago Indians and for the sale of their reservation in Minnesota, it was made the duty of the Secretary of the Interior to allot to those Winnebago Indians who had cultivated and improved their lands 80 acres of land which, when so allotted, should be vested in said Indians and their heirs without the right of alienation, which should be evidenced by patent. By the ninth section of the Indian appropriation act, approved July 15, 1870 (16 Stats., 361), the Secretary of the Interior was directed to cause to be investigated and to determine the claims to patents of those Winnebago Indians then lawfully residing in Minnesota, and to issue to those whom he should find to be entitled thereto patents without the right of alienation for the lands theretofore allotted to them in severalty or which might have been designated by them for allotment under the treaty of 1859, or of the aforesaid act of 1863, and which had not been sold or disposed of by the United States. In case the lands had been sold they were to have lands designated by them for allotment out of any unsold lands within the limits of the original Winnebago Reservation in Minnesota, and if it were found to be impracticable to make allotments within such limits on good agricultural lands, then they were to be made on any public land subject to private entry. By the Indian appropriation act of May 29, 1872 (17 Stats., 185), it was declared to be the intention and meaning of said ninth and tenth sections of the act of July 15, 1870, aforesaid, "to authorize and direct the Secretary of the Interior to cause to be patented to each and every Winnebago Indian, lawfully resident in the State of Minnesota at the date of said act, in accordance with the conditions of said two sections an allotment of land, who have not heretofore received the same in quantity as provided in the treaty of 1859." Under this legislation Walter T. Burr made the investigation, and reported to this office July 8, 1873, a list of 52 persons who presented their claims to him, in person or by representation, 44 of which claims he admitted and 2 he favorably recommended. Patents in fee have issued to 31 of the aforesaid 44, and a patent without the right of alienation has issued to one, viz, Mary or Madam White and her heirs. This leaves 12 persons to whom no patents have ever issued, and there is no authority for the issue of patents to them except in accordance with the conditions of section 9 of the act of 1870, which is a restriction for all time, without the right of alienation, by anyone, under any circumstances-an entailment on the land which is not deemed desirable. A full statement of the status of these 13 cases was submitted to the Department with the draft of a bill "For the relief of certain Winnebago Indians in Minnesota." A bill, No. 7731, was introduced in the House of Representatives modifying the fourth and ninth sections of the acts of 1863 and 1870, respectively, so far as they related to the lands of the Winnebago Indians in Minnesota, so as to permit the alienation and conveyance of said lands with the consent of the Secretary of the Interior. The bill was passed by the House, as drafted in this office, and was referred to the Senate Committee on Indian Affairs. In conclusion, allow me to acknowledge my sense of obligation to you for the special interest you have manifested in the affairs of this Bureau and the assistance you have cordially rendered me, in the management of difficult problems which have arisen, by your personal attention to their details. Very respectfully, your obedient servant, D. M. BROWNING, The SECRETARY OF THE INTERIOR. |