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ber of swine, 30 head; cattle, 30 head; and it will be necessary to make additional purchases of beef to feed the Indians until the necessary supply can be raised on the reserve. I would recommend that a band of cows be purchased, so that we can raise our own stock.

I have received blank forms of statistics of education. There never has been anything done in this part of the State to improve the moral or intellectual condition of the Indians. I think that a good school would be a benefit to the younger Indians, as they learn quite readily, and would soon learn to read and write.

The sanitary condition of the Indians is about the same as usual. The number of deaths is about twelve, and the number of births the same.

An abundance will be raised this year for the subsistence of the Indians on the reserve, and when the government once gets possession of the entire valley, so as to exclude all white men except the necessary employés, they will have no further trouble with the Indians. Very respectfully, your obedient servant,

Hon. CHARLES MALTBY,

Superintendent Indian Affairs, California.

ROBERT L. STOCKTON, Indian Agent, Hoopa Valley Reserve.

ROUND VALLEY INDIAN RESERVANION,

August 10, 1866.

SIR: I have the honor to submit herewith my annual report of the condition of affairs pertaining to the Indian service on the Round Valley reservation.

There are now on the reservation over one thousand Indians, according to a late census, of the following tribes:

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The Indians, though coming from different parts of the State, and speaking a diversity of languages, have been peaceably disposed among themselves, generally happy and contented, and sufficiently industrious and obedient to meet the necessities of our farming ope rations. Their health has been generally good. They have been well fed, the reservation having produced for the last year more food than was necessary for their subsistence. The only or principal drawback to their personal welfare and comfort has been the insufficiency of clothing, the quantity provided having been wholly inadequate to their wants. The clothing shipped last fall by Commissioner Dole was about enough to furnish one-fourth of the Indians with a suit each. In addition thereto, however, Superintendent Maltby has, during the present year, furnished a liberal amount of clothing and other supplies, which have contributed greatly to their well-being, and enabled them to get along without much absolute suffering.

The reservation is now in good farming condition, the fences, houses, and other improvements having been kept in good order and greatly improved during the year.

The following estimate of produce for the present year is based upon the probable yield of crops, judging from their present appearance:

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Wheat.....

Barley.
Oats..

9,000 bushels. 500 25 acres cut for hay, 75 acres killed by

40

220 tons.... 300

late frost and destroyed by freshet. 100 acres cut for hay.

About 1,000 bushels issued to Indians green

Turnips, flat..

40 tons....

Turnips, ruta-baga.

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Carrots..

Beets..

Beans......

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Peas....

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300 bushels.

10

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Pumpkins and squashes 30,000.

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The Indians and employés have made 16,000 shingles; and the following buildings have been erected: one barn, 60 feet by 46; two granaries, 30 feet by 30 each; addition to old barn, 24 feet by 25; addition to kitchen, 12 feet by 18; besides which a new roof has been put on the dwelling-house.

I would solicit the serious and early attention of the department to the propriety of purchasing some stock for the reservation, and would respectfully recommend that enough cattle be purchased to admit of furnishing from the increase what meat may be required by the Indians, and the work-oxen that will be needed from time to time for farming purposes. The Mendocino reservation, as you are aware, was abandoned some time since, but no effort has been made to remove the Indians, as they were considered better off there than they would be here. The spot where they are located is the original home of most of the Indians, and they are much attached to it. They are few in number, and are living peaceably with the settlers in the neighborhood, who employ many of them on their farms, enabling them to earn a livelihood and provide themselves with clothing. They subsist largely on fish and clams, which are very plenty in that locality. Their principal want is breadstuff, and I have furnished them with wheat raised at this place. I will continue to care for them and give them what assistance they may require.

I deem it very important to the success of the service in my agency that, in case the purchase of the improvements of all the settlers in the valley, as proposed by the bill introduced at the last session of Congress, is not made, immediate steps be taken to gain possession of all the land and improvements in the northern portion of the valley, say from the division line between townships 22 and 23, north, to the summit of the mountains, as proposed originally by Superintendent Hanson. There are only about four settlers within the tract named, and the cost of the improvements would be exceedingly small, while the benefits to be derived would be very great. At present there are settlers on nearly every side of the reservation farm, while if the proposed purchase were made, it would be bounded on the north, east, and west by the mountains, and only open to settlers on the south.

The land occupied by these settlers is very rich, and would add materially to the productive capacity of the reservation, while the constant annoyance we suffer from our neighbors' stock, the breaking down of fences, &c., would be avoided.

The more completely the Indians are cut off from contact with the whites, the more harmonious and successful will be the working of the reservation system. Again, by extending our line to the summit of the mountains to the north, the haunts of the notorious" buckskin men," or kidnappers, in the small valleys or on the mountains would be under our control, and they would no longer be able to molest us with such case. In fact, I regard it indispensable to the welfare of the Indians under my charge and to the success of the service that this purchase be made.

Justice to the employés of the reservation demands that I should say, in their behalf, that they have performed much valuable labor, and faithfully discharged their duty to the gov

erniment.

I have the honor to be, very respectfully, your obedient servant,

Hon. D. N. COOLEY,

B. L. FAIRFIELD,
Indian Agent, Round Valley Reservation.

Commissioner Indian Affairs, Washington, D. C.

No. 19.

TULE RIVER FARM, August 17, 1866. SIR: That the Indians at this farm can by proper management be made to perform the labor required to grow their subsistence, the past year fully demonstrates. Our harvests are abundant, the Indians, under the direction of white men, having performed the labor. Besides the usual farm work during the past year, Indian labor constructed a road to the mountains, (some twenty-five miles to the timber,) and constructed a water ditch of five miles, at a cost of 2,000 days' labor. Whether they are capable of any improvement, beyond being made useful as laborers, is extremely doubtful. Their character is the most despicable, and, I may safely say, in an experience of over four years I never saw among them an indication of a virtue. A cruel, cowardly vagabond, given to thieving, gambling, drunkenness, and all that is vicious, without one redeeming trait, is a true picture of the California Digger; they only respect what they fear.

No schools have been attempted here, nor any religious instruction, nor could I recom mend the expenditure of any money on such hopeless subjects.

The Indians are decreasing quite rapidly, and must soon become extinct. Whether they will decrease more rapidly, supported and protected in large bodies, as here, or allowed to run the mountains, suffering occasionally from hunger, and liable to be ill-treated by whites scarcely more human than they, is a question difficult correctly to decide. Could they be kept entirely from contact with the whites, (which would be quite impossible,) on a permanent reservation, it would be better for them, no doubt. But I cannot refrain from saying that this place (its uncertain tenure and lack of system) has been and must continue to be of doubtful benefit to the Indians.

Respectfully, your obedient servant,

GEO. J. HOFFMAN, Special Agent, Tule River Farm.

Hon. D. N. COOLEY,

Commissioner of Indian Affairs.

No. 20.

SMITH RIVER INDIAN RESERVE, September 9, 1866.

SIR: Having been appointed special Indian agent in consequence of the removal of Mr. Bryson, late agent of the above-named reserve, I have the honor of submitting an annual report, as desired in your last communication, under date of August 14, 1866.

Having, as stated, been appointed simply as special agent, and not having charge of the reserve quite two months, I cannot make a very extended report, and will confine myself only to statistics and general farming interests connected with the reserve. This reserve is located on Smith river, three miles from its mouth or entrance to the Pacific ocean, being in Del Norte county, situated in the northeast part of the State near the Oregon line, and west of the coast range of mountains.

The locality of the reserve is most admirably situated, being a mild and healthful climate, an abundance of arable land of unsurpassed fertility, convenient to timber for fuel, fencing, or building purposes; also an abundant supply of water either from springs on the place or from small streams that flow from the mountains. In this particular locality there seems an inexhaustible supply of small fish called smelts. The Indians are very fond of them. They catch them in the surf with dip-nets in great quantities in the summer and fall months, and cart them to the reserve by wagon loads. Also the Crescent City, Lagoon, Burnt Ranches, and Smith River Indians, numbering about five hundred, carry away annually large quantities, constituting one of their chief supplies of food during the winter months. In addition large quantities of salmon are caught at the mouth of Smith river, which are much desired by the Indians as well as white residents.

I find,upon taking as careful a survey as possible, about four hundred Indians on the reserve, and they are known as the Wylackees and Humboldt tribes. The Humboldts, as a general thing, are superior in intelligence; they learn to speak the English language more readily, and are generally more expert in taking hold quickly and learning the ways of farming in all its particulars.

I am satisfied there has been much improvement among the Indians since the agency has been established in the valley. They desire to live and dress better, and are more cleanly about their buildings and in person. Their demeanor in many respects indicates a wish to elevate themselves to the standard of the white population in matters pertaining to civilization. The Indian women likewise are generally improving; most of them cut their own clothing, and their

garments show much skill in cutting as well as in making up. I have observed, since I have been on the reservation, a desire on the part of some to learn to spell and read. I think, perhaps, if a school were established it might prove beneficial.

Relating to the clothing of the Indians, I would here mention they are at present in a deplorable condition; many of them have not clothing sufficient to cover their nakedness. I cannot urge too strongly the importance of supplying them with necessary clothing as early as possible, as the fall rains will soon commence. Justice requires they should be well supplied for comfort as well as for health.

Within the time that I have acted as special Indian agent on the reserve there has been some uneasiness on the part of the Indians. They are under the firm belief that the government does not intend to purchase the valley lands for a reserve, and during the past year have expressed much discontent and a strong disposition to return to their former locality in Humboldt county. I have every reason to believe their want of faith in the intention of our government respecting them is the only cause of so many of them absconding during the inonths of July and August. With this exception everything is peaceable and quiet on the reserve-no difficulties of any importance having occurred either among themselves or with other Indians in the vicinity of the reservation.

The farming utensils are much worn, and in the event the Indians should remain here and the service continue, a new supply of many articles will be an absolute necessity.

The reserve is well supplied with live stock, consisting of horses, cattle, and swine. They are all in a thriving condition. So far I have not been under the necessity of killing many beef cattle for the Indians, from the fact of the large supply of fish being procured from the

sea-coast.

Concerning the crops I find an abundance of everything that is desired to subsist the Indians for another year, consisting as follows: 85 acres of wheat, unthreshed, which will yield 15 bushels per acre; peas, 45 acres, yielding 33 bushels per acre, ungathered; oats, 100 acres, which will yield 50 bushels per acre, partially threshed; timothy hay, 40 acres, all cut and mowed away, estimated at 24 tons per acre; potatoes, 85 acres, yielding 160 bushels per acre, ungathered. There is in addition to the above 15 acres containing carrots, turnips, and other garden vegetables. They are looking well, and will yield a fair crop.

With reference to the sanitary condition of the Indians, I am confident that it has very much improved under the care and management of Dr. F. M. Wright, resident physician. I feel that he is entitled to much credit for his services and interest manifested in their behalf. For further information relating thereto I refer you to his annual report, herewith respectfully submitted.

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SIR: I have the honor to inform the honorable Commissioner of Indian Affairs that I received from Agent Bryson, Smith River reservation, under date of April 24, a letter, a copy of which is enclosed, marked A, informing this office that a murder had been committed on the reservation by a Humboldt Indian on the person of another Indian of the same tribe, and that he had made his escape on committing the act; that efforts were being made for his ar rest, and that he, the agent, was of the opinion that the Indian should be hung on being captured, but that he would await instructions from this office as to the action that would be taken as to his punishment.

Under date May 3, I advised Ageut Bryson of the receipt of his letter, and instructed him by letter, a copy of which is enclosed marked B, that on the arrest of the Indian he must be delivered to the civil authorities for trial and punishment; that the superintendent nor Indian agent had any power or authority to inflict capital punishment on Indians for offences com. mitted on reservations.

On the 19th instant I received from Agent Bryson a letter under date May 8, a copy of which is enclosed, marked C, stating that the Indian before mentioned who had committed the murder had been captured, and that he had been executed by hanging, in presence of all the Indians of the county, and concluded his letter by hoping that his action in this matter would meet with my approval.

In answer by letter under date of May 22, a copy of which is enclosed, marked D, I informed Agent Bryson that his action in this matter could not be approved by the superintendent, and that copies of the correspondence relating to this subject would be forwarded to the

honorable Commissioner of Indian Affairs. The enclosed copies of letters, marked A to D, inclusive, contain all the correspondence on the subject above referred to, and are respectfully submitted.

Very respectfully, your obedient servant,

CHARLES MALTBY, Superintendent Indian Affairs, California. Commissioner Indian Affairs, Washington, D. C.

Hon. D. N. COOLEY,

A.

SMITH RIVER RESERVATION,

April 24, 1866. SIR: I have the honor to inform you that on Sunday morning, April 22, a fight occurred in the Humboldt Indian ranch, which resulted in the death of one Indian by the unjustifiable interference and act of a third Indian.

The circumstances were these: Some ten weeks ago an Indian and his squaw had a little fuss, and he was correcting her, I suppose a little roughly, when another squaw interfered and used some very unfriendly language to the Indian who whipped his squaw, which caused him to strike her and hurt her severely. I was in Crescent City when this occurred. Some days afterwards they had a general consultation, and agreed on terms of settlement, and I supposed it was all fixed up without my interference, but the squaw that interfered and got hurt was not willing to settle until her brother drew blood from the Indian that struck and hurt her. When, on Sunday morning last, her brother met this Indian and challenged him to fight, as he was unarmed, he told him he did not want to fight, when the Indian that chal lenged him made at him and struck him with a knife, inflicting a serious but not dangerous wound on the back. His friend, seeing that he was cut and the blood flowing down his back, took a knife in his hand and ran after this Indian, and came up to him when some others had caught him and were parleying over the matter, stepped up lightly behind him and struck him with a knife and killed him almost instantly: then ran away and made his escape to the woods, and has not yet been caught.

My own opinion, formed from experience, is that this Indian should be hung, and I believe that the peace, safety, and correct discipline on the reservation require it, but in the absence of law and instruction in cases of this nature, I do not feel inclined to take all responsibility upon myself. I think full instructions should be given me, and some precedent established for my guidance in the future in case similar events should occur.

The military are the proper ones to conduct the execution of an Indian, but General MeDowell's order last year forbids any military officer to execute an Indian, and commands him to turn them over to the civil authorities. This order should be modified so as to allow commanders of posts established on Indian reservations to conduct the execution of an Indian when called upon by the Indian department so to do, if, in their judgment, the punishment is just.

Heretofore I have acted on my own responsibility in cases of this kind, the mi itary concurring, and had in one case an Indian executed, and I know that it had a very soothing influence over the balance of them, and I believe it to be as essential to preserve order and discipline on the reservation to execute an Indian occasionally as it is to furnish them with food and clothing, but I prefer some authority on which to predicate my acts.

I shall not take any decisive action in this case until I hear from you, unless in my opinion our safety require it. The Indian has not yet been caught, (he is lying in the woods,) but I think he will be soon.

The idea of turning over Indians to the civil authorities for trial and punishment I think is wrong. The reservation Indian is under the protection of the general government. The res ervation is his home, and there he should receive his rewards and punishments. I am, very respectfully, your obedient servant,

Hon. CHAS. MALTBY,

WILLIAM BRYSON,

Indian Agent, Smith River Reservation.

Superintendent Indian Affairs, California.

B.

OFFICE INDIAN AFFAIRS,
San Francisco, California, May 3, 1866.

SIR: Your letter of April 24th ultimo, giving information of the murder of a Humboldt Indian on the reservation under your charge by an Indian of the same tribe, is this morning received; and you further state that, in the absence of law and instructions in cases of this

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