2d Session. IN THE SENATE OF THE UNITED STATES. No. 16. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A communication from the Secretary of the Interior, with an agreement of the Pawnee Indians for the cession of certain lands in the Territory of Oklahoma. JANUARY 4, 1893.-Read, referred to the Committee on Indian Affairs, and ordered to be printed. To the Senate and House of Representatives: I transmit herewith, for the consideration of Congress, a communication of the 23d of December, 1892, from the Secretary of the Interior, accompanied by an agreement concluded by and between the Cherokee Commission and the Pawnee tribe of Indians, in the Territory of Oklahoma, for the cession of certain lands, and for other purposes. EXECUTIVE MANSION, BENJ. HARRISON. January 4, 1893. The PRESIDENT: DEPARTMENT OF THE INTERIOR, I have the honor to submit herewith an agreement entered into by and between the Cherokee Commission and the Pawnee tribe of Indians in Oklahoma Territory, for the cession of the reservation upon which they reside, together with the report of the Commission transmitting the agreement. The agreement has been considered by the Commissioner of Indian Affairs, who reports that it appears to be in proper form and is properly executed. Believing that the moneys accruing under this agreement should not be subjected to the payment of Indian depredation claims, I have caused to be prepared an additional section to the bill formulated by the Commissioner of Indian Affairs ratifying this agreement, similar to that referred to in my letter of this date, forwarding the Comanche, Kiowa, and Apache agreement. Very respectfully, JOHN W. NOBLE, Secretary. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., December 9, 1892. SIR: I have the honor to acknowledge the receipt, by your refer ence for consideration and report, of the report of the Cherokee Commission, dated November 25, 1892, submitting an agreement made by the Commission with the Pawnee tribe of Indians in the Indian Territory, for the cession of the reservation or tract of country upon which they reside. By the first article of the agreement, the said Pawnee Indians cede, convey, release, relinquish and surrender to the United States all their claim and interest of every kind and character in and to the following described tract of land in the Indian Territory: All that tract of country between the Cimarron and Arkansas Rivers embraced within the limits of townships twenty-one (21), twenty-two (22), twenty-three (23) and twenty-four (24) north, of range four east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23) and twentyfour (24) north, of range five east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22) and twenty-three (23) north, of range six east of the Indian meridian. By the second article it is agreed that the allotments of land made and to be made under the direction of the President shall, in all things, be confirmed and the title to the allotments so made shall be governed by all the conditions and limitations contained in the act of Congress approved February 8, 1887 (24 Stats., 388), and the act amendatory thereof: Provided, however, That the Indians shall be diligent in selecting their land; and all allotments shall be selected and designated within four months after this agreement shall be ratified by Congress, unless the Secretary of the Interior, in his discretion, shall extend said time: And provided further, Such allotments shall be selected by the allottee when over eighteen years of age, but for allottees under eighteen years the father, if living, but if dead, then the mother shall select such allotment; and if neither father nor mother be living then such allotment shall made by the agent, for the time being, in charge of the affairs of said tribe; Provided further, That all persons, members of said tribe, who shall be born prior to the final completion of the allotting of said land as herein provided for shall have the right to allotments under this agreement, and that allotments made or to be made by said allotting agent, shall continue in force and be confirmed, even if the allottee shall die before the final completion of such allotting, and in such cases the law of partition and descent of the State or Territory wherein such land is situated shall govern: And provided further, That no allotment shall be taken on land now being used for church or educational purposes, or for public use by the United States, or on sections sixteen and thirty-six in each township, except where the allottees may have heretofore made improvements on said sections: And provided further, That in all cases where members of said tribe have already taken allotments on said reservation under the act approved April 10, 1876 (19 Stats., 28), such allotments shall be confirmed, if the allottee shall so elect, and the titles thereto held according to the provisions of this agreement; but in such cases the allottee shall have no right to any additional allotment under the law or this agreement. By the third article it is agreed that article 2 of the treaty with the Pawnee tribe proclaimed May 26, 1858 (11 Stats., 729) so long as the same shall be in force, is to be amended so as to read as follows: The United States agrees to pay to the Pawnees the sum of thirty thousand dollars per annum, as a perpetual annuity, to be distributed annually among them, per capita, in coin, unless the President of the United States shall, from time to time otherwise direct. But it is further agreed that the President may, at any time, in his discretion, discontinue said perpetuity by causing the value of a fair commutation thereof to be paid to, or expended for the benefit of said Indians, in such manner as to him shall seem proper. Under the fourth article, the United States agrees, as an additional consideration for such cession, to pay to said tribe the sum of $1.25 per aere for all the surplus land remaining in said reservation after the allotments herein provided for shall have been taken, and approved by the Secretary of the Interior, payable as follows: $80,000 in coin, to be distributed among them per capita, at the subagency on said reservation, upon the ratification of this agreement by Congress, and the residue of the proceeds of said surplus lands shall be placed to the credit of said tribe in the Treasury of the United States, and bear interest at the rate of 5 per centum per annum, there to remain, at the discretion of the United States, the interest to be paid annually, and be distributed to said tribe, per capita. The fifth article provides that this agreement shall not have the effect to repeal, modify, or change any of the treaty stipulations now in force between the United States and said tribe, except in the manner and to the extent herein expressly or by necessary implication provided for. The sixth article provides that this agreement shall become effective when ratified by Congress. The agreement is signed by 158 members of the tribe, and the inter preter's certificate shows that they reside upon the reservation and are inale adults over the age of 21 years. The clerk in charge of the Pawnee subagency, Charles M. Hill, certifies that the male adults over 21 years of age of said tribe number 203 and no more. The title of the Pawnee Indians in and to the tract of country ceded by this agreement is derived from section 4 of the act approved April 10, 1876 (19 Stats., 28), which sets apart for the use and occupation of the Pawnee tribe of Indians the tract of country therein described. The reservation contains 283,020 acres. The commissioners report that they found it a very common tract of country, very much broken, a great deal of rocky and sterile land, and hardly up in quality and worth to the average of land in that Territory. The Indians number about 800 souls. The commissioners state that the provision for the payment of $80,000 upon the ratification of the agreement by Congress, was induced by the fact that there are about 800 Pawnees; that the fact that they are about to take allotments, which will have to be improved by building houses and fences, makes it necessary that they should have the means with which to do it; that the payment will take about $100 per capita, so that an average family of five will receive about $500, which will enable the head of the family to provide himself with a house, stable, well, and fencing; that a much smaller payment down, not being suficient for these purposes, would be expended for small, trifling, and unnecessary things without the Indians receiving any substantial or permanent benefit therefrom; that no time is fixed for this payment except that it is to be made upon the ratification of the agreement by Congress; that this was induced by the consideration that if a future time should be fixed for payment the Indians would be induced to trade it out before the time of payment arrived, whereby the payment, when made, would, in fact, be to the traders and not to the Indians. Another matter referred to by the commissioners is the change in the treaty of 1858 aforesaid, by which it is provided that the perpetual annuity of $30,000 shall be paid in coin instead of one-half thereof in goods. In this connection the commissioners state that the proposed change will cost the Government no more than at present, and that if the Indians are to have allotments, each one will need to spend his money for that which he will need; that the Indians were persistent in their demand that this be changed, and maintained that, as it now is, very little benefit is derived from it. Another change contemplated by this agreement is that the pay ments are to be made in coin. The present mode of payment does not, states the commission, allow the Indian to have or see any money, as the payments are made in warrants, which are in turn given to the traders in settlement of their accounts with them; that the traders, knowing the amount and time of payment, extend a credit to the Indians accordingly, so that, in effect, the Indian receives goods from the trader instead of the money provided by law and treaties to be paid to the Indians. The agreement appears to be in proper form and to be properly executed. It is observed that the funds and interest are to be paid to the Indians in coin, per capita, instead of being expended for their benefit. The commission doubtless found it necessary to make this provision when securing the consent of the Indians, and as the reasons given in support of the method seem to be sound, I do not think objection should be raised to the ratification of the agreement on this account. The contract refers to all lands ceded as being within the Indian Territory, while as a matter of fact they are within the Territory of Oklahoma. This, however, is not deemed a material variation, as the lands are otherwise accurately described. I have prepared the draft of a bill carrying into effect the provisions of this agreement, and have also prepared copies of the papers for transmission to Congress, all of which are herewith transmitted. Very respectfully, The SECRETARY OF THE INTERIOR. T. J. MORGAN, Commissioner. DEPARTMENT OF THE INTERIOR, OFFICE OF ASSISTANT ATTORNEY-GENERAL, SIR: In accordance with your request, I have examined the draft of a bill, prepared by the Commissioner of Indian Affairs, to ratify an agreement made by the Cherokee Commission with the Pawnee tribe of Indians in Oklahoma Territory, for the cession of their reservation, and also the report of the Commissioner and accompanying papers. I have changed the draft as submitted, by setting forth in full, in section 4 thereof, the titles of the acts of Congress referred to therein. I have also prepared an additional section to said bill, incorporating therein the provision that none of the money to be paid to the Indians under said agreement shall be applied to the payment of any judgment rendered, or to be rendered, under the provisions of the act of March 3, 1891 (26 Stat., 851), as recommended by the supplemental report of the Commission, of December 16, 1892, in regard to the agreement with the Comanche, Kiowa, and Apache tribes. The report of the Cherokee Commission, and that of the Commissioner of Indian Affairs, each sets out quite fully the main points of the agreement, and the latter puts forward no objection to the ratification thereof in its present form. I have no suggestions to add. The papers transmitted are herewith returned. Very respectfully, The SECRETARY OF THE INTERIOR. GEO. H. SHIELDS, Assistant Attorney-General. PAWNEE AGENCY, OKLA., November 25, 1892. SIR: We inclose herewith the agreement entered into with the Pawnee tribe of Indians in the Indian Territory and the report to the President thereon, as required by law. The Commission will proceed immediately to the Ponca Agency. I have the honor to be, very respectfully, Hon. JOHN W. NOBLE, DAVID H. JEROME, Chairman Cherokee Commission. Secretary of the Interior, Washington, D. C. PAWNEE AGENCY, OKLA., November 25, 1892. SIR: We, the undersigned, members of the Cherokee Commission, now have the honor to report that we have this day concluded our agreement with the Pawnee tribe of Indians for the cession, conveyance, and release of its reservation to the United States. The agreement is inclosed. We had been led to believe, from common report, and from official documents, that the reservation was made up of the best quality of land for farming purposes. We find, upon examination, however, that this is an erroneous and extravagant estimate of the character of the land. It is, in fact, but a very common tract of country-very much broken-a great deal of rocky and sterile land, and hardly up, in quality and worth, to the average of land in this Territory. We arrived here directly after concluding the agreement with the Comanches, Kiowas and Apaches, beginning our councils on the 31st day of October and continuing them until to-day. As has been usual, the questions brought forward by the Indians and that had to be discussed and settled, involved all their relations with the Government from the sale of their lands in Nebraska down to a demand for twenty-eight beeves for a Thanksgiving feast. The conduct of the business of the agency, the condition of the schools, the pensioning of scouts enlisted or attached to the Army, the distribution. of sets of harness, the right to lease their allotments, to hire white men to dig wells, and the right to have social dances, etc., were brought forward and discussed with all the seriousness and energy that ought to attach matters of the very greatest concern. We were compelled to consider, discuss, and adjust all these matters, because a confession of a want of authority would either shake the confidence of the Indians in us as representatives of the "Great Father” |