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(6c) Irrigation Section.

(6d) Miscellaneous Section.-Right of way, easements, and permits; power sites; withdrawals and restoration under

the Act of June 25, 1910.24

(7) Division K-Indian Lands.-Its law examiners adjudicate or administer such matters as Indian allotments and homesteads; opening and sales; military bounty land warrants; abandoned military reservations; agricultural college and similar scrip; Indian exchange selections; lieu selection; gradation and credit system entries; private land claims; Minnesota drainage entries; and the Minnesota Chippewa logging work.

(8) Division M-Accounts.-Supervises accounts of the General Land Office, Washington and field; examines repayment claims; adjusts accounts of receivers of public moneys of the special disbursing agents and other officers.

(9) Division N-Mineral.-Handles adjudicated mineral contests; applications for mineral patents and applications for prospect permits, and leases of mineral lands.

(10) Division O-Posting and Tract Books.-Posts lands and keeps tract books; records land claims, notices, and withdrawals; notes plats and cancellations; examines homestead and desert land entries, and the timber and stone filings; cancels homestead entries.

II. Field Services.

(a) Field Surveying Service.

(1) Supervisor of Surveys has general supervision over Field Surveying Service.

(2) Associate Supervisor, located at Denver.-Direction of fragmentary surveys in states having no Surveyor General, and surveys in Indian Reservations.

(3) Assistant Supervisors of Survey as follows:

(3a) Denver, for district of Wyoming and Colorado.

(3b) Denver, for Eastern district.

(3c) Helena, for Montana district.

(3d) Neligh, for Nebraska and South Dakota district.
(3e) Santa Fé, for New Mexico district.
(3f) Phoenix, for California and Arizona district.
(3g) Salt Lake City, for Utah and Nevada district.
(3h) Boise, for Idaho district.

(3) Portland, for Oregon and Washington district.
(3j) Juneau, for Alaska district.

(b) Inspection Service.

(1) Alaskan Division.

(2) Cheyenne Division.

(3) Denver Division.

24 Act June 25, 1910 (36 Stat. 858 [Comp. St. § 4526]).

(4) Helena Division.

(5) Portland Division.

(6) Salt Lake Division.

(7) San Francisco Division.

(8) Santa Fé Division.

(c) District Land Offices.

(1) Alabama-Montgomery. (2) Alaska.

(2a) Fairbanks.

(2b) Juneau.

(2c) Nome.

(3) Arizona-Phoenix.

(4) Arkansas-Little Rock.

(5) California.

(5a) Los Angeles.

(5b) Sacramento.

(5c) San Francisco.

(5d) Visalia.

(6) Colorado.

(6a) Denver.

(6b) Durango.

(6c) Glenwood Springs.

(6d) Montrose.

(6e) Pueblo.

(7) Florida-Gainsville.

(8) Idaho.

(8a) Blackfoot.

(8b) Boise.

(8c) Cœur d'Alene.

(9) Louisiana-Baton Rouge.

(10) Minnesota-Cass Lake.

(11) Montana.

(11a) Billings.

(11b) Great Falls.

(12) Nebraska-Alliance.

(13) Nevada.

(13a) Carson City.

(13b) Elko.

(14) New Mexico.

(14c) Las Cruces.

(14d) Santa Fé.

(15) North Dakota-Bismark.

(16) Oklahoma-Guthrie.

(17) Oregon.

(17a) Lakeview.

(17b) Portland.

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(c) Circulars. Circular No. 463 gives a list of all publications issued by the General Land Office.

(d) Maps.-Annual United States Map; maps of public land states; photolithographic copies of plats of surveys.

(e) Letter from Secretary of Interior, transmitting a list of all books, reports, documents, and pamphlets published by Interior Department from 1789-1881. Government Printing Office, 1882. Senate Ex. Doc. No. 182, 47th Cong. 1st Sess.

(f) Publications issued by General Land Office. Government Printing Office. (g) The Public Domain.-Price List No. 20 of government publications concerning public lands, conservation, railroad land grants, etc. Sold by Superintendent of Documents, Washington, D. C.

(h) Proudfit, S. V. Statutes and Decisions cited by S. V. Proudfit in lecture on jurisdiction and practice of United States Land Department, 1917.

295

1. Mission

CHAPTER 27

OFFICE OF INDIAN AFFAIRS

The mission of the Bureau of Indian Affairs is to supervise the Indian tribes of the United States, except those of Alaska, and their lands, moneys, education, general welfare, and the purchase of supplies for them.

2. History

"The early history of the relations between the colonists and the Indians explains the necessity for a governmental agency to look after their interests. Almost in the beginning of the colonial period trading with the Indians became a lucrative enterprise with white men and the spread of trade brought a large number of tribes in contact with the French and English, each nation striving to make allies among the Indians. This rivalry was a contributing cause of the French and Indian War. Traders were used by both French and English to gain the good will of the Indians and to hold their friendship. When the Revolution began, it became a matter of vital importance as to whether the Indians would join the English or Americans in the struggle for independence. The Americans speedily devised methods through trading posts to secure Indian friendship and thus thwart English influence. One of the means applied was the appointment of agents to live among the Indians located near the settlement, watch their methods and the actions of British sympathizers, and through the maintenance of trade secure the good will of the Indians toward the American colonists. And as the war went on the trading post became a military headquarters." 1

The ninth article of the Articles of Confederation of the American colonies provided that:

"The United States in Congress assembled shall also have the sole and exclusive right and power of * * regulating the trade and running the affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated."

The Congress of the Confederation, therefore, on August 7, 1786, passed an ordinance "for the regulation of Indian Affairs," and placed all Indian Affairs under the War Department.

The framers of the new United States Constitution, which in 1788 superseded the Articles of Confederation, deemed it important that the federal government should have exclusive power over intercourse with the Indians, and provided that "the Congress shall have power * * * to regulate commerce * with the Indian tribes." Congress accordingly gave the Secretary of War jurisdiction over matters relative to Indian Affairs, appropriated $20,000 to de

1 Bulletin 25 (1924), Office of Indian Affairs.

2 Const. U. S. art. 1, § 8.

3 Act Aug. 7, 1789 (1 Stat. 49).

3

fray expenses in negotiating and treating with the Indian tribes, provided for commissioners to manage such negotiations and treaties,* and made provision for the regulation of trade and intercourse with the Indian tribes.5

Two districts were established: A northern district, to include all tribes north of the Ohio river and west of the Hudson river; and a southern district, to include all tribes south of the Ohio river. A bonded superintendent was placed over each with authority to appoint two bonded deputies. The Indian traders introduced liquor to the tribes and when the United States government prohibited the sale of intoxicants to the red men the traders took to smuggling. President Washington secured legislation to protect the Indians from the evils of intoxication. In 1802 provision was made for the appointment of agents to reside among the Indians.6

In 1806 the office of Superintendent of Indian Traders was created, with headquarters at Georgetown, D. C. At once the private traders started to fight against the government trading posts, and they succeeded in securing the passage of an act in 1822, causing the abolishment of government trading houses. In 1824 the Secretary of War, John C. Calhoun, created a Bureau of Indian Affairs in the War Department. This was the first step taken by the government in assuming a guardianship or protectorate over the Indians. There was no constitutional requirement compelling the United States to assume this course. The treaty with Great Britain, acknowledging the independence of the United States, surrendered all rights to the country, and contained no provision with reference to native inhabitants. At that time the government might have treated the Indians simply as a conquered race, that had been overwhelmed by the superior arms of the white men and scattered to unexplored plains and mountains. It might have left them to survive or perish. The establishment of a Bureau of Indian Affairs was born of a high moral sense that it was the duty of the American people to protect and care for the Indians.1

In the Act of July 9, 1832,8 Congress provided for the appointment of a Commissioner of Indian Affairs, "who shall, under the direction of the Secretary of War, and agreeably to such regulations as the President may, from time to time, prescribe, have the direction and management of all Indian affairs, and of all matters arising out of Indian relations, and shall receive a salary of three thousand dollars per annum." In 1834, congressional provision was made for the organization of a "Department of Indian Affairs," the establishment of certain agencies, subagencies, interpreters, and other employees, the payment of annuities, and the purchase and distribution of supplies, etc. This may be regarded as the organic law of the Indian Department.

1 Bulletin 25 (1924), Office of Indian Affairs.

4 Act Aug. 20, 1789 (1 Stat. 54).

5 Act July 22, 1790 (1 Stat. 137). See, also, Act March 1, 1793 (1 Stat. 329); Act April 18, 1796 (1 Stat. 452); Act May 19, 1796 (1 Stat. 469); Act March 3, 1799 (1 Stat. 743). 6 Act March 30, 1802 (2 Stat. 139, 143).

7 Act of 1822 (3 Stat. 679), abolishing trading houses.

84 Stat. 564.

Act June 18, 1834 (4 Stat. 677).

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