northern portion of the State. It is constantly in motion, and the restless and grasping white man looks upon, covets, and then appropriates the land designed and set apart by the government as the permanent and perhaps the last home of the Indian, who seems to have no efficient means of resistance or redress.

I therefore still deem it highly important that prompt and energetic measures be taken for his immediate protection, and in doing which I recommend that all proper and necessary forbearance and generosity be exercised towards any white men, who, through misapprehension or wrong advice, have been induced to settle on their reservations.

The Indians in Michigan having heretofore ceded to the government large tracts of agricultural, timber, and mineral lands for an exceedingly small consideration, which are yielding immense wealth to the country, it can well afford to be not only just but generous towards them in the fulfilment of existing, and in the making and executing new treaties with them, and in which the rights of the Indians should be clearly defined, fully protected and faithfully enforced.

Since my last report, the treaty concluded with the Chippewas of Saginaw, Swan Creek and Black River, on the 18th day of October, 1864, has been ratified by the Senate, with some slight amendments proposed by the same, and which were promptly assented to and approved by the Indians parties to the same.

44

I have hopes that much good will accrue to them from the provision of this treaty. It provides, among other things, for the removal of those known as the Bay Indians' to the Isabella reservation, where most of the tribe is already located; gives land to the younger members of the same, and also for a boarding-school near the Indian settlements. These, the leading features of the treaty, are believed to be important and are confidently looked to for the most satisfactory results; especially do I hope for good from the establishment of the contemplated boarding-school, as experience proves that Indian children living at home with their parents cannot be relied upon to attend school with that promptitude and regularity essential to success; but when they are at a boarding-school, their home for the time being, and under the eye and constant supervision of their teachers, they are more likely tobenotonly prompt and regular in their attendance, but also diligent in their studies. And besides, in such a school they are constantly learning something of the social habits and customs of civilized life.

In this connection I would mention the discontinuance of Grove Hill Seminary, an Indian mission school on Grand Traverse bay, for many years maintained among the Ottawas and Chippewas, located in that part of the State and presided over by the Rev. P. Dougherty. Most cheerfully do I bear testimony to the faithfulness and efficiency with which Mr. Dougherty has for more than twenty years labored among those Indians, and as sincerely do I regret his retirement from this field of labor, made necessary by the recent action of the missionary society of the Presbyterian church on the account of the want of the necessary funds longer to maintain it.

The agricultural and other labors put forth by the Indians of this agency during the past year have, as a general thing, produced satisfactory results. Their gardens and fields, which are being enlarged from year to year, have yielded good crops of corn and potatoes. These are staple articles with them, and which, together with the fish taken and the sugar manufactured by them, constitute the chief articles upon which they principally subsist.

The principal products of their industry, as reported to this, office, were bushels of wheat 1,977; of coin 42,022; potatoes 90,611; tons of hay cut 2,514; maple sugar manufac ured 233,701 pounds; and of the value of furs sold $40, 108.

The number of schools maintained among them during a portion or the whole year is 22; number of children attending was 548 males and 386 females, being a total of 934. The teachers' reports show about the usual progress on the part of those who attended regularly, while those who attended irregularly were not much benefited. Of the missionaries employed among the Indians in Michigan during the year, seven are Methodist, seven Catholics, one Presbyterian, one Congregationali t and one Wesleyan.

For a statement in detail of the products raised by the Indians within this agency during the year, the number of children attending school, and other items of information touching their condition and progress, I beg leave to refer you to the accompanying reports on agriculture and education, and in reference to which it is proper for me to say that they are as perfect as the nature of the service will permit, entire accuracy in every particular being entirely impracticable.

Vigorous efforts are now being made throughout this agency to suppress the sale or gift of spirituous liquors to the Indians within the ame. The constitutionality of the act passed by Congress and approved February 13, 1862, having been sustained by the Supreme Court of the United States, there is, it would seem, nothing further wanted to greatly restrain if not finally to suppress this most nefarious and destructive traffic, but the united and euergetic action on the part of those whose duty it was to see the law executed. It shall not be my fault if that desirable result is not accomplished.

In conclusion, I have further to say that the Indians within this agency have during the past year generally enjoyed good health. There has been but little sickness among them, and but few have died. They appear to be sincerely attached to the government, and generally well disposed towards the citizens of the State in which they are located and reside.

SIR I enclose herewith a memorial of citizens of Oceana county, Michigan, praying for the restoration to market of Indian reserved lands, to wit: townships 15 and 16 north, of range 16 west, and ask for compliance with the prayer of petitioners, if not incompatible with public interest

Very respectfully, yours,

Hon. JAMES HARLAN,

Secretary of the Interior, Washington

T. W FERRY.

To the honorable House of Representatives in Congress assembled :

We, the undersigned, inhabitants of Oceana county, Michigan, would respectfully represent that by virtue of a treaty made on the thirty-first day of July, A. D. 1855, between the United States of America, and the Ottawas and Chippewa Indians, among other things, townships fifteen and sixteen north, of range sixteen west, were reserved for certain bands of Indians; that they had five years to locate the lands granted to them by said treaty, which expired July 31, 1860; that they then had the sole right to locate lands in said township at government price for five years longer, which expired July 31, 1865; that there are at present thirty thousand acres of government land in said townships yet unsold; that said township contain the best farming landis in said county; that, by reason of said lands being so reserved for the last ten years, we have been and are compelled to pay higher taxes than we otherwise should: Therefore we would respectfully pray your honorable body, that said lands may be held in market, so that they may be bought and improved, and ourselves in some manner relieved of the burden of taxation, and your petitioners will ever pray, &c

OFFICE INDIAN AGENCY FOR THE INDIANS IN NEW YORK,
Akron, September 29, 1866.

SIR: I have the honor, in accordance with the regulations of the Indian department, herewith to render my annual report of the condition of the several tribes of Indiaas within the New York agency.

Since my last report I have visited the various tribes comprising the six nations of Indians within the State of New York in the discharge of my official duties.

I believe that all of them are making some progress in the scale of civilization, and industry is being given more thoroughly to agricultural pursuits, than in former years. Improvements in barns and houses are being made, which will add both to their interest and comfort.

Agricultural fairs are annually held on the Cattaraugus and Tonawanda reservations, and the perfect success, and the premiums paid to them, produces a stimulant for increased action in their agricultural pursuits, and to the improvement in their sundry kinds of horse, cattle, swine and poultry. The past year has been very healthy, with the exception of a visitation of small-pox among the Tonawandas, which with a few cases of other sickness, has amounted to forty-four deaths in this band; but, taking the several tribes within the agency, the births exceed the deaths.

There has been no change in the number or denominational character of the missionary establishments during the past year Two churches have been built during the last year by the Baptist denomination, one located on the Tonawanda, and the other upon the Cattaraugus reservation

The State of New York has maintained, among the several tribes, twenty-three schools the greater portion of the time for the last fi cal year, as well as some small amounts has been given by the Indians themselves, as also by the Society of Friends at Philadelphia, Pennsylvania, as per educational report of statistics for 1866, accompanying this report. The Thomas asylum for orphan and destitute Indian children is entirely successful in all things pertaining to the care and education of the children intrusted to it; the trustees employ the best of teachers. But its pecuniary wants at this present time are severely felt, and its officers are laboring under many embarrassments in consequence of not receiving their usual or formal aid; and trustees have a grateful appreciation of the aid from the United States government, for appropriations for the civilization of Indians of $1,000, made and received in 1865, as well as in former years, and I have informed the treasurer, as stated in yours of August 25, 1866, that $1,000 would be paid this current year.

There have been seven (7) Indians who have received aid, both male and female, during the last year from the Indian department, for their tuition in attending seminaries and academical schools There is a growing interest felt by the parent, generally that their children should receive a good education

The Tonawandas in July last, in council assembled, agreed to set out from their tribal funds, two thousand dollars ($2,000) for educational, religious, and other public purposes, as permanent, which I have heretofore advised you of their resolutions of same; ani the said Tonawanda band are still desirous that their petition may be granted, that an act may be passed by the legislative body of the State of New York, granting them a boarding and manual labor school, the said band giving three thousand dollars ($3,000) and fifty acres of land toward said school.

The amount of funds I received from the United States Treasurer for fulfilling treaty stipulations with the Senecas residing on the Cattaraugus, Allegany, and Tonawanda reservations, was eleven thous and eight hundred and eighty-nine dollars and ninety-four cents ($11,889 94,) which I have paid them, and the further sum of five thousand two hundred and seventeen dollars (5,217) trust fund interest, I have paid to the Tonawanda band residing on the Tonawanda reservation, agreeable to your instructions.

I also made the distribution of goods annuities for the fulfilment of treaty stipulations made with the six nations of Indians in 1794, viz: To the Senecas residing on Cattaraugus, Allegany, and Tonawanda reservations, the Oneidas at Oneida Castle, Onondagas at Onondaga Castle, Tuscaroras at Tuscarora; also Oneidas with Onondagas, and Onondagas and Cayugas with Senecas.

For the money and gools payments I have already submitted the required vouchers and statements to the Commissioner of Indian Affairs in July last,

I send you herewith two satistical reports, one educational and the other agricultural, for the last fiscal year ending September 30, 1866.

Very respectfully, your obedient servant,

Hon. D. N. COOLEY,

C. B. RICH, United States Indian Agent.

Commissioner Indian Affairs, Washington, D. C.

MISCELLANEOUS PAPERS.

No. 162.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., February 6, 1866.

SIR: I have the honor to enclose for your consideration a copy of communication from the Commissioner of Indian Affairs, dated the first instant, with a copy of a letter from S. M. Comatzer, a Shawnee Indian, therein referred to. The communications are in relation to the taxation of the Shawnee Indian lands in Kansas.

By the first article of the treaty between the United States and the Shawnee Indians concluded on the 10th day of May, 1854, (Statutes at Large, vol. 10, page 1053,) as amended by the Senate, the said Indians ceded to the United States sixteen hundred thousand acres of land which had been set apart for them under previous treaties, (see treaty of December 30, 1825, Statues, vol. 7, page 284, and treaty of August 8, 1831, Statutes, vol. 7, page 256.) By article second of the treaty of May 10, 1854, as amended, two hundred thousand acres were ceded to said Shawnee Indians by the United States, this cession being of lands now within the limits of the State of Kansas. Provision is made in this article for setting apart portions of this cession for various societies for selection in severalty by these Indians; "if a single person, two hundred acres; and if the head of a family, a quantity equal to two hundred acres for each member of his or her family."

By article ninth of said treaty it is provided that Congress may hereafter provide for the issuing to such of the Shawnees as may make separate selections, patents for the same, with such guards and restrictions as may seem advisable for their protection therein. Provision was made by Congress for this purpose, by the eleventh section of the act of Congress approved March 3, 1859, (Statutes at Large, vol. 11, page 430,) and patents have been issued to said Indians containing the stipulation presented by the Secretary of the Interior in pursuance of the treaty and foregoing act, viz: that the tract for which the patent is issued shall never be sold or conveyed without the consent of the Secretary of the Interior for the time being."

By the first section of the act for the admission of Kansas into the Union, approved January 29, 1861, (Statutes at Large, vol. 12, page 126,) and which defines the territory of which said State shall consist, it is expressly provided that nothing in the constitution respecting the boundary of said State shall be construed to impair the rights of person or property now pertaining to the Indians in s id territory, so long as such rights shall remain unextinguished by treaty between the United States and said Indians.

It would appear from the enclosed papers that the State authorities in Kansas are proceeding to collect taxes, and to sell, in case of non-payment, the Shawnee lands selected under the provisions of the treaty of 1854 referred to, which it is presumed are the subject of individual ownership by said Indians under the provisions of said treaty and act of Congress referred to. This is done in accordance, no doubt, with the decision of the supreme court of Kansas, to which your attention has heretofore been called. In view of these facts I have the honor to request that you will consider the question which is now respectfully submitted, whether these Shawnee lands are subject to taxation under the treaty, the legislation connected therewith, and the legislation providing for the admission of Kansas into the Union, and will please to communicate your decision in reference to the same to this department, and if in your opinion the right of the State to levy taxes upon these lands cannot be maintained, the propriety of submitting the question for the decision of the Supreme Court of the United States at as early a day as possible is respectfully suggested.

I am, sir, very respectfully, your obedient servant, Hon. JAMES SPEED,

Attorney General of United States.

JAMES HARLAN, Secretary.

ATTORNEY GENERAL'S OFFICE,
March 9, 1866.

SIR: I have the honor to acknowledge the receipt of two letters dated the 6th ultimo, relative to the taxation of the Shawnee and other Indian lands in the State of Kansas, to which I have not been able until now, (owing to pressing engagements in court,) to give my attention.

One of the letters requests my opinion on the question whether the Shawnee lands are subject to taxation by the State, and the other desires me to inform your department

whether any steps have been taken to present the question of the liability of the Miami and other Indian lands to be taxed by the State of Kansas for the decision of the Supreme Court of the United States.

In reply to the second question I have to say that I am not aware whether or not steps have been taken to bring any case in which the point in regard to the taxing power of the State of Kansas in respect to those lands is involved for decision by the Supreme Court.

I received some time ago transcripts of the records of three cases in the supreme court of Kansas, in which the question stated seems to have been decided adversely to the exemption of those lands. These cases may be brought, in my opinion, before the Supreme Court of the United States by writ of error, under the twenty-fifth section of the judiciary act. I think they are cases eminently fit to be so brought The Indians against whom the cases went are competent, with the aid of their own counsel, to sue out writs of error to the supreme court of Kansas. I am surprised that they have not already done so, if that be the fact. I perceive that they were represented at least in one of the cases by very able counsel, whose argument I have seen, and I should have thought that he would have obtained a writ of error at once upon the rendition of the decree of the supreme court of Kansas

Perhaps it would be well, therefore, for your department to request the district attorney of the United States for Kansas to look into the matter, and sue out, on behalf of the Indians in interest, writs of error in all the cases decided against the claim of the Indians by the highest court of the State.

The district attorney should be requested to confer with General Shannon and the other private counsel for the Indians.

It would seem, inasmuch as the question in regard to the taxability of these lands may be regularly brought, and will probably regularly come before the Supreme Court of the United States, that my opinion on that question is scarcely necessary for any action of your department.

My opinion cannot be of more service to your department, even if it should be adverse to the State of Kansas, than a writ of error in the decided cases. The decision of the supreme court of the State must stand as the law of the cases until it is reversed, if it should be, by the Supreme Court of the United States.

The proper course, therefore, is for your department to see that the cases are brought for reviewal by that court at its next term. The point presented is one of some difficulty, and I should be embarrassed somewhat in rendering an opinion upon it in view of the judgment of the supreme court of the State of Kansas, which is very ably defended in the opinion of the court. But I know enough of the question to advise you that it is one sufficiently doubtful to render it proper that it should be submitted to the Supreme Court of the United States for final determination.

Very respectfully, your obedient servant,

Hon. JAMES HARLAN,

Secretary of the Interior.

JAMES SPEED,
Attorney General.

P. S.-The cases in which I have transcripts are: Charles Bluejacket et al. plaintiff in error vs. the Board of County Commissioners of the county of Johnson, Kansas.

The Board of County Commissioners of Miami county, Kansas, vs. Wau-zop-eah et al. Yellow Beaver, Tom Rogers et al. vs. the Board of Commissioners of Johnson county, Kansas.

DEPARTMENT OF THE INTERIOR,

Washington, D. C., March 12, 1866.

SIR: The attention of the Attorney General of the United States having been called to the question of the taxation of Shawnee and other Indian lands in Kansas, in connection with the fact that the question stated had been decided adversely to the exemption of these lands by the supreme court of that State, in certain cases which had come before it for decision, he writes to this department under date of the 9th instant, as follows: "that inasmuch as the question in regard to the taxability of these lands may be regularly brought, and will probably regularly come before the Supreme Court of the United States, my opinion on that question is scarcely necessary for any action of your (this) department." But he further says "I know enough of the question to advise you that it is one which is sufficiently doubtful to render it proper that it should be submitted to the Supreme Court of the United States," and suggests that it would be well for this department to request the district attorney of the United States for Kansas to look into the matter and sue out, in behalf of the Indians in interest, writs of error in all the cases decided against claims of the Indians.