and agent, and reported to the department for approval. Right of way for railroads is provided. The western boundary is to be surveyed at the expense of the United States. An amount not exceeding $10,000 is to be expended by the United States in the erection of agency buildings upon the diminished reservation. The provisions for a general council are the same as in the Seminole treaty. Annuities, as provided in former treaties, are to be renewed and continued. The government to pay $10,000 for expenses of negotiating this treaty, if so much be necessary.

The last of the four treaties with tribes in the "Indian country" was made

with the

Cherokees: Concluded July 19, 1866; ratification advised with amendment July 27; amendment accepted July 31, and proclaimed August 11, 1866. More difficulty was experienced in arriving at the consummation of a treaty with the Cherokees than with any of the other tribes or nations of the Indian country. This difficulty had been previously encountered by the commissioners at Fort Smith, in 1865, though the issue was postponed by the agreement of the delegates there present to come to this city, with the view of making a treaty. A brief statement of the causes of the trouble may not prove uninteresting. Quite early in the late war, the proper authorities of that nation, the late John Ross being the principal chief and manager of their affairs, made a treaty with the rebel States, and employed every practicable means of engaging the other tribes upon the same side. It will be well to remember that the Cherokee nation had long been divided into two factions known as the Ross and Ridge parties, whose quarrel dates back to the time when the people lived in Georgia, and that blood had been frequently shed in their quarrels. The Ridge party favored the treaty by which the removal to the west was effected, while the Ross party opposed; but after that removal, the latter, being the most numerous, obtained and kept the ascendency, and practically ruled the nation. There were many men of intelligence, education, and ability upon both sides, and the old jealousies have been fostered and increased from year to year; the Ridge party, under the late leadership of Stand Watie and others, endeavoring to secure a division of the national domain and funds, which the Ross party as strenuously opposed; the former party readily entered into the late war, doubtless hoping to succeed in their private plaus of secession, as well as in those of a larger scale. As to the motives of the other party, then holding the national power, it is charitable to say that they are doubtful. Judging from the cotemporary records, it seems clear enough that Ross and his party at all events believed that the rebellion would succeed, hoped for its success, and were sincere in joining it; but their delegates and counsel very strenuously insisted here that the action of their council in making a treaty with the rebels was only a diplomatic ruse-a temporary expedient-to enable them to hold together until the federal forces should appear for their protection. Wherever the truth may lie between these two extremes, it is certain that after hostilities had continued for a year and a half, the Cherokees in considerable force fighting on the side of the rebellion, the federal forces advanced into the Indian country, and one regiment of Cherokees deserted to their side. Ross reconvened the national council, and forthwith and henceforward these Cherokees were "loyal," and commenced and carried into effect severe confiscation laws, operating principally upon the members of the Ridge party, who remained true to the confederacy; while nearly three thousand of the people at one time or another were enlisted on the Union side. The end of the war came at last, and the commission of 1865 met at Fort Smith delegates from both factions, those of the Ridge or Watie party ready to meet all the views of the government, and asking its protection from the confiscation laws which had excluded them from their homes; looking to a separation of interests from the remainder of the tribe, and excusing themselves for taking up arms against the government by laying the responsibility upon the shoulders of the council;

while the Ross party held aloof, in great independence of spirit, leaving it quite doubtful for some time whether they would consent to treat at all; claiming that as a thoroughly loyal people, who had been fighting the battles of the Union, they were entitled to sole consideration, and that the government could not properly interfere with the independent action of their national council towards their rebellious citizens.

Two delegations, representing these opposing views, came on to Washington, and conference after conference ensued, now with one party-now with the other. Both sides had engaged as counsel gentlemen eminent for legal ability, who appeared in their behalf on many occasions, where the discussions of the important question at issue were marked with great interest Draught after draught of treaties was made, and several clearly agreed upon, when some new difference would arise, and all arrangements be overturned. The so-called southern delegates insisted that their people must be separated from the remainder of the nation that they could not and would not live with them; while the other party, with whom alone, as holding the national organization, the government could treat, except as a last resort, insisted that the nation should not be divided. About the middle of June, the commissioners, despairing of a satis factory arrangement with the national party, made a treaty with the others, whose marked feature was a provision that the southern party, though not formally separated from the nation, should be allowed a certain part of the territory for their exclusive use and occupancy; they agreeing to sell their right to certain portions of the national domain. This treaty was not, however, laid before the Senate; but after another month of negotiation, a treaty was finally concluded on the 19th of July, which, although not entirely satisfactory to any party, was the best possible settlement of the matter attainable. While it partially satisfied the national party by continuing the nation, as such, under one constitution and government, it nevertheless secures the other party from apprehended persecution by the national authorities by locating them in a specific part of the domain, and providing that suits between Cherokees belonging to the opposing portions of the people shall be tried in the United States courts. The general features of the treaty are as follows:

The treaty made with the rebel States October 7, 1861, is repudiated by the Cherokees, and the government grants an amnesty for all past offences. The Indians agree to repeal their confiscation laws, and that the southern or Watie party may settle in a part of their country known as the "Canadian district," where also any of the freedmen may locate themselves; the portion of country set apart for them amounting to 160 acres for each person. Those who settle in that part of the domain may select their own judges, and make their own police regulations, and elect delegates to the national council. The President of the United States is to hold the power of reviewing the police regulations made by the council, and all cases between opposing parties belonging to the different portions of the nation are to be adjudicated in the United States district court nearest the Cherokee country. A United States court is to be established in the territory. All distinctions between the two portions of the people may be abrogated by the President at the desire of those parties. No licenses to trade (except in the Canadian district) are to be granted except by consent of the council. Slavery is abolished, and the full rights of the freedmen are acknowledged. The right of way for railroads is secured; consent is given to a general council as in the Seminole treaty. Land is set apart for church and school sites. Provisions are made for the settlement of friendly Indians of other tribes among the Cherokees in two methods, either by abandoning their own tribal organization and becoming practically a part of the Cherokee nation, and residing in the more compactly settled and eastern part of the domain, or by retaining their tribal existence and settling further west; in either case land occupied by them to be paid for at prices to be agreed upon between the govern

ment and the Cherokees. The tract of 800,000 acres in Kansas, known as the neutral lands, is ceded to the government in trust, to be surveyed and sold for the benefit of the Indians, the proceeds to be invested for them in the proportion of 35 per cent. for education, 15 per cent. for an orphan fund, and 50 per cent. for the national fund. But this tract may be sold in one body for cash, at $1 per acre, the intention of the language referring to a sale "for cash," well understood by both parties to the treaty, being to exclude the receipt of a large amount of depreciated Cherokee scrip in payment for these lands; the experience of the department as to the receipt of scrip representing Indian indebtedness in payment for lands, as in the case of the Sacs and Foxes, Kaws, and other tribes, being unfavorable. But a question has arisen whether the actual language of the treaty does not absolutely preclude the sale of the lands upon any terms of credit whatever. All sums belonging to heirs of deceased soldiers remaining unclaimed after two years are devoted to an asylum for orphans of soldiers. Provisions are also made for the payment of $10,000 for certain supplies furnished to Creeks, and for damages done to missionary establishments during

the war.

TREATIES PENDING IN THE SENATE.

There still remain unacted upon some important treaties-one made in the fall of 1865, by Superintendent Irish, with various tribes in Utah, ceding all rights of occupancy of lands in that Territory, except the Uintah Valley reservation, for a consideration in the form of annual payments in goods and for beneficial objects; another with the Shawnees, early in the present year, making provision for the sale of their lands in Kansas, the purchase of another location for them in the Indian country, the removal of those who chose to go and retain their tribal state, and measures for obtaining full citizenship by those who remain; also a treaty made June 11, 1864, with the Kansas tribe of Indians, providing for the sale of their remaining lands in that State, and their removal to the Indian country; and a treaty made with the Poncas, March 10, 1865, for an exchange of certain lands and payment of claims.

It is to be hoped that these treaties will receive early consideration during the next session of Congress.

TREATIES NOT YET SUBMITTED TO THE SENATE.

A treaty was made in December, 1865, by Agent Upson, under instructions from the department, with the Blackfeet Indians of Montana, and with the Gros Ventres of that Territory, by which all the Blackfeet country south of the . Missouri was ceded; but as advices reached this office of the Indians having almost immediately broken out into hostility, and thus violated their treaty stipulations, it was not deemed advisable by the late Secretary to send the papers to the President. Advices received from Montana, in the annual report of the governor and superintendent, justify this action.

A treaty was made in the early spring of 1866, by the late Governor Lyon, of Idaho, with certain bands of Bannacks and Snake Indians in the southeastern portion of that Territory; but this has also been retained in the files of this office for further consideration upon information to be received from Governor Lyon's successor. The accounts of frequent collisions in that quarter between the miners and travellers and the Indians, make it quite evident that some kind of arrangement with those Indians is desirable.

The northwestern commission of last year was divided into two parts, by direction of the President, early last spring, and some alterations made in its persons. Governor Edmunds, General Curtis, Mr. Guernsey, and Rev. Mr. Reed, proceeded at the earliest possible date after the necessary preparations

could be made, and transportation obtained up the Missouri river. They met, at various points, the bands of Sioux treated with last year, and found them still peaceably disposed, and many of their people earnestly turning their at tention to agriculture. The signatures of several additional chiefs of the Yanctonnais band were obtained to the treaty made last year, and ratified by the President. There was every apparent reason to be gratified with the result of the labors of the commission during the previous year.

Proceeding up the Missouri, the commission effected a treaty at Fort Berthold with the Arickarees, Gros Ventres, and Mandans, by which a cession of land of about twenty-five miles by forty was obtained, and a right of way for roads through their lands, in return for which certain annual payments in goods and for beneficial purposes are to be made. These Indians are friendly, and many of them have long been planting corn with success near Fort Berthold.

The great amount of travel through the country occupied by these Indians, and those lying above, upon the Missouri and Yellowstone rivers, by persons en route to and from the gold regions of Montana, interfering greatly with the game upon which the Indians depend, has made it imperatively necessary that those routes should be rendered secure to travellers; and, at the same time, justice to the Indians required a liberal compensation for the damages necessarily resulting from this invasion of their hunting ranges. The above treaty and the two which follow are based upon those principles, and look also to the gradual improvement of the Indians, by encouraging them to till the soil, and abandon their precarious mode of living.

At Fort Union a treaty was made with the Assinaboines, by which they cede all their land lying south of the Missouri and north of the Yellowstone as far west as a line drawn from the mouth of the Powder river northward to Milk river, and also a smaller tract, including Fort Union, north of the Missouri. Besides this, they yield the right of way and reservations at suitable places for stations, ten miles square at each station. For this, they were to receive consideration in goods and in expenditures for beneficial objects.

At the same place the commissioners met and treated with the Crows, securing a right of way and unmolested travel up the valley of the Yellowstone to Helena, in Montana, and station reservations of ten miles square. Liberal compensation is provided for this powerful tribe of Indians, and an agency is to be established for them.

The other branch of the commission, consisting of Superintendent Taylor, Colonel Maynadier, commanding at Fort Laramie, Dakota Territory, Thomas Wistar, and Colonel McLaren, met at that post, early in the summer, representatives of, and in fact a large part of, the tribes of Ogallalla and western Brulé Sioux, and concluded with them a treaty, on the 7th of June, of the same general tenor with those made with the nine bands upon the upper Missouri last year, and securing a promise of uninterrupted use of routes of travel established through their country. This point in the treaty, as in the cases of the other bands referred to, was very reluctantly conceded, but it is believed that those chiefs who signed the treaty, and all those under their control, being the largest portion of the bands, will keep their pledges, though there are wild and uncontrollable young men belonging to both bands who have made and will make trouble.

With the northern bands of Arapahoes and Cheyennes no treaty was consummated; but consultation was had with some of their number, and arrangements made which will, it was thought, bring about a treaty at an early day.* The work accomplished by the northwestern commissions has been a very important as well as arduous one, and if the series of treaties made by them shall be ratified and go into full effect, peaceful relations will have been estab

*A treaty with the Cheyennes has been received since the date of the report.

lished with powerful tribes, for the most part lately in hostility, ranging over a territory extending over eight degrees of latitude by twelve in longitude, and with reasonable hopes of their gradual improvement by the judicious expenditure of the money provided in compensation for their cessions of land, and for the damage done to their hunting grounds. The final reports of those commissions are full of sound suggestions, and special attention is invited to them as published in the accompanying documents.

TREATIES RECOMMENded.

Believing that peace can best be maintained with our Indian tribes, after the whites begin to encroach upon their ancient hunting grounds, by treaty arrangements, liberal and just in their provisions, and faithfully carried into execution by the government and its agents, this office urges the continuance of the policy which has met with such gratifying success during the present and last year; and the condition of the Indians of Kansas presses first upon the attention. Intermingled as the Kansas reservations are with the public lands, and surrounded in most cases by white settlers, who too often act upon the principle that an Indian has no rights that a white man is bound to respect, they are injured and annoyed in many ways. Their stock are stolen, their fences broken down, their timber destroyed, their young men plied with whiskey, and their women debauched, so that while the less civilized are kept in a worse than savage state, having the crimes of civilization forced upon them, those further advanced, and disposed to honest industry, are discouraged beyond endurance. In nearly every tribe the majority desire to remove southward to the Indian country, and the sale of their Kansas reservations and improvements will furnish the means of purchasing and establishing them in new homes. I see no cther alternative than to provide for their removal as soon as practicable. Whatever may be the issue of the suit in the Supreme Court in relation to the questions of taxation and citizenship, we shall know with whom we are to treat among the tribes which have taken land in severalty, or taken preliminary steps towards citizenship; and as to the other tribes, no obstacle exists to immediate action. Should the department sustain the same views, measures will be taken to carry them into practical effect.

Treaties are imperatively necessary with some of the Indians in Idaho, and measures should be taken at an early day to effect the necessary arrangements; and a proposition is under consideration for bringing upon the Flathead reservation in Montana, which is amply large, or upon a new reservation in northern Idaho, various kindred bands in that locality and the eastern part of Washington Territory.

It has not been the policy of the government to make treaties with the tribes inhabiting the region ceded by Mexico, although it has been done in some cases; but it may be found advisable to do so in the case of sundry tribes in New Mexico, whom it is desirable to place upon reservations. Certain bands of Sioux in northeast Dakota remain to be treated with, and suggestions to that effect can be laid before you as soon as the pressing current duties of this office will allow of a careful consideration of the subject.

The proposed negotiations will be accompanied with some considerable ex pense, for which estimates will be made and submitted for your consideration. No serious hostilities have occurred during the year between the Indians and whites, although numerous cases of depredations by members of tribes not heretofore treated with, or casual raids by them upon frontier settlements or emigrant trains, have occurred as usual. In all the region from the British possessions to the gulf of California, with the exception of the region near where the boundary of Idaho and Oregon meets the Nevada line, the centre portion of Arizona where the Apaches are always in hostility with both whites and other Indians, and the