INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 1, Laws

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

[Occupied by Hunsatung, Hupa, Klamath River, Miskeet, Redwood, Saiaz, Sermolton, and Tishlanaton tribes; area, 155 square miles; established by act of April 8, 1864 (13 Stat., 39), and Executive orders.]

By virtue of power vested in me by an act of Congress approved April 8, 1864, and acting under instructions from the Interior Department, dated at Washington City, D. C., April 26, 1864, concerning the location of four tracts of land for Indian reservations in the State of California, I do hereby proclaim and make known to all concerned that I have this day located an Indian reservation, to be known and called by the name and title of the Hoopa Valley Reservation, said reservation being situated on the Trinity River, in Klamath County, California, to be described by such metes and bounds as may hereafter be established by order of the Interior Department, subject to the approval of the President of the United States. Settlers in Hoopa Valley are hereby notified not to make any further improvements upon their places, as they will be appraised and purchased as soon as the Interior Department may direct.

It is hereby ordered that the south and west boundaries and that portion of the north boundary west of Trinity River surveyed, in 1875, by C. T. Bissel, and the courses and distances of the east boundary, and that portion of the north boundary east of Trinity River reported but not surveyed by him, viz: “Beginning at the southeast corner of the reservation at a post set in mound of rocks, marked ‘H. V. R., No. 3’; thence south 17 ½ degrees west, 905.15 chains, to southeast corner of reservation; thence south 72 ½ degrees west, 480 chains, to the mouth of Trinity River,” be, and hereby are, declared to be the exterior boundaries of Hoopa Valley Indian Reservation, and the land embraced therein, an area of 89,572.43 acres, be, and hereby is, withdrawn from public sale, and set apart for Indian purposes, as one of the Indian reservations authorized to be set apart, in California, by act of Congress approved April 8, 1864. (13 Stats., p. 39.)

It is hereby ordered that the limits of the Hoopa Valley Reservation in the state of California, a reservation duly set apart for Indian purposes, as one of the Indian reservations authorized to be set apart, in said State, by Act of Congress approved April 8, 1864, (13 Stats., 39), be and the same are hereby extended so as to include a tract of country one mile in width on each side of the Klamath River, and extending from the present limits of the said Hoopa Valley reservation to the Pacific Ocean; Provided, however, That any tract or tracts included within the above described boundaries to which valid rights have attached under the laws of the United States are hereby excluded from the reservation as hereby extended.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, November 10, 1855.

SIR: Referring to your communication of the 8th of August last to the Acting Commissioner of Indian Affairs, advising him of the approval by the President of the United States of the recommendation of the Department that it was expedient to expend the money appropriated on the 3rd of March last for removing the Indians in California to two additional military reservations, I have the honor now to make the following report:

On the 15th of August last the Acting Commissioner inclosed a copy of your letter of the 8th of that month to the superintendent of Indian affairs in California, with directions to select these reservations from such “tracts of land adapted as to soil, climate, water-privileges, and timber, to the comfortable and permanent accommodation of the Indians, which tracts should be unincumbered by old Spanish grants or claims of recent white settlers,” limiting the dimensions of the reserves to within 25,000 acres each, and to report to this office a description of their geographical position in relation to streams, mountain ranges, and county lines, etc., and indicating the same upon a map. A copy of that letter is herewith, marked A. By the last mail from California, I have received from Superintendent Thomas I. Henley a report upon this subject, dated the 4th ultimo (a copy of which is herewith, marked B), by which it appears he recommends as one of the reservations aforesaid “a strip of territory one mile in width on each side of the (Klamath) river, for a distance of 20 miles.” The superintendent remarks upon the character of the country selected, and incloses an extract from a report (also herewith, marked C) to him of the 19th of June last, by Mr. S. G. Whipple, which contains in some detail a description of the country selected, habits and usages of the Indians, etc., but no map is furnished.

It will be observed from this report of the superintendent that he has deemed it important to continue the employ of an agent and to prepare for raising a crop in order to assure the Indians of the good faith of the Government and to preserve the peace of the country. Considering the great distance of this reserve from the seat of Government and the length of time it necessarily requires to communicate with an agency at the Klamath, it is desirable that some definite action be taken, if practicable, before the sailing of the next steamer, to leave New York on the 20th instant.

I, therefore, beg leave to ask your attention to the subject, and if you shall be of the opinion from the representations made by the superintendent in California and Mr. Whipple that the selection at the mouth of the Klamath River is a judicious and proper one, that it be laid before the President of the United States for his approval, but with the provision, however, that upon a survey of the tract selected that a sufficient quantity be cut off from the upper end of the proposed reserve to bring it within the limitation of 25,000 acres, authorized by the act of 3d March last.

I also inclose herewith a copy of another letter from Superintendent Henley, of 4th ultimo (marked D), in which he states, in relation to the other reserve, that it is intended to locate it “between the head-waters of Russian River and Cape Mendocino.” In reference to both of these proposed reserves, and as connected with the means to be used to maintain peacable relations with the Indians, the superintendent is of opinion that it is of great importance to provide for crops, and that to do so an agent in each instance is necessary. As this last-named selection has not been defined by any specific boundaries, and no sufficient description is given as to soil, climate, and suitableness for Indian purposes, to enable the Department to determine the matter under-

standingly, of course nothing definite can now be done. But it may not be improper to consider the subject in connection with the general intent as to the particular locality in which it is proposed to make the location.

The reserve proposed on the Klamath River and Pacific coast does not appear from the map of the State of California to be very far removed from Cape Mendocino, or a point between that and Russian River; and as provision is made only for two reserves in the State other than those already in operation, the question arises whether it should not be situated farther in the interior, or perhaps eastern part of the State, than the point referred to. The Noome Lacke Reserve is situated in one of the Sacramento valleys, at about the latitude of 40 degrees north and 122 degrees of longitude west, about the center of that portion of the State north of the port of San Francisco. As, therefore, the proposed Klamath Reserve, being northwest from the Noome Lacke Reservation, would appear to be adapted to the convenient use of the Indians in that direction, the question is suggested whether the other reserve should not be located farther east and north, say on the tributaries of either Pitt or Feather Rivers. As in the case of the proposed reserve of the Klamath, I am desirous of obtaining your opinion and that of the President of the United States, with such decision as may be arrived at under the circumstances, in season to communicate the same by the next California mail, for the government of the action of superintendent Henley.

Very respectfully, your obedient servant,
GEO. W. MANYPENNY,
Commissioner.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., November 12, 1855.

SIR: I have the honor to submit herewith the report from the Commissioner of Indian Affairs of the 10th instant, and its accompanying papers, having relation to two of the reservations in California for Indian purposes, authorized by the act of 3d March last.

The precise limits of but one of the reservations, viz, a strip of territory commencing at the Pacific Ocean and extending 1 mile in width on each side of the Klamath River, are given, no sufficient data being furnished to justify any definite action on the other.

I recommend your approval of the proposed Klamath Reservation, with the provision, however, that upon a survey of the tract a sufficient quantity be cut off from the upper end thereof to bring it within the limit of 25,000 acres authorized by law.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, April 16, 1856.

SIR: Referring to the report I had the honor to submit for your consideration on the 10th of November last, relative to the establishment

of a military reservation for the benefit of the Indians of northern California, upon both sides of the Klamath River, from its mouth the distance of 20 miles up the same; and to the remarks then made upon the subject of establishing a third similar reservation as proposed by the superintendent of Indian affairs in California, at Cape Mendocino, or at some point between that place and Russian River, or, as appeared to this office at that time more expedient, farther in the interior and easterly part of the State, I have now respectfully to call your attention again to the subject, and to submit for your consideration the following documents:

From these documents it appears that the section between the Noyo River on the south and Bee-da-loe or Hale Creek on the north, extending from the coast on the west to the Coast Mountains, combines advantages which are not to be found in any of the other locations examined, reference being had to the purposes for which it is required and to the habits and necessities of the Indians.

The tract intended for the reservation lies between the south bank of the Noyo River, so as to include that river, and a point 1 mile north of the mouth of Hale or Bee-da-loe Creek, extending eastward from the coast for quantity so as to include the valleys beyond the first range of hills to the Coast Mountains, conforming to their shape. Its geographical position is in Mendocino County, about 170 miles from San Francisco, and 80 miles south of Cape Mendocino, 70 miles northwest of Clear Lake, and about 180 miles from Sacramento City.

It is proposed to embrace within the limits of the reservation 25,000 acres of land.

If upon an investigation of the subject you shall come to a similar conclusion, I have respectfully to request that the proposition may be laid before the President of the United States for his approval, and that the superintendent may be enabled to carry out with him, on his return to his post by the steamer of the 20th instant, such decision as may be made in the premises.

Very respectfully, your obedient servant,
GEORGE W. MANYPENNY,Commissioner.

DEPARTMENT OF THE INTERIOR,
Washington, April 17, 1856.

SIR: I have the honor to submit herewith a report from the Commissioner of Indian Affairs of the 16th instant, and accompanying papers, in relation to the establishment of a military reserve of land for Indians in California, authorized by act of Congress of the 3d of March, 1855.

The tract of country, containing about 25,000 acres, proposed to be selected, is in Mendocino County, and fully described in the papers accompanying the Commissioner’s report.

Concurring with the Commissioner in his views of the matter, I recommend your approval of the proposed reservation.

I am, sir, with great respect, your obedient servant,
R. MCCLELLAND,Secretary.

Let the proposed reservation within referred to be made as recommended in letter of Secretary of the Interior of April 17, 1856.

(Restored to the public domain by the sixth section of the act of Congress approved July 27, 1868, 15 Stats., 223.)

[In the Mission Tule Agency; twenty-two reserves; occupied by the Diegenes, Kawia, San Luis Rey, Serranos, and Temecula tribes; area, 282 square miles; established by Executive orders.]

To the PRESIDENT:
The accompanying papers are respectfully submitted to the President, with the request that the following lands in California be set apart as reservations for the Mission Indians, in the southern portion of that State, being the San Pasqual and Pala Valleys, and recommended by the Commissioner of Indian Affairs, viz: Townships 12 and 13 south, of ranges 1 east and 1 west, of the San Bernardino meridan, and township 9 south, of ranges 1 and 2 west, of the San Bernardino meridian.

Let the lands designated in the foregoing letter of the Secretary of the Interior be set apart as reservations for Indian purposes, as therein recommended.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, D. C., February 13, 1871.

SIR: I have the honor to call your attention to a report from this office, dated January 15, 1870, in which was inclosed a letter from J. B. McIntosh, Brevet Major-General U. S. Army, and superintendent of Indian affairs for California, dated December 27, 1869, and report of Lieut. A. P. Greene, U. S. Army, agent for Mission Indians in southern California, dated Los Angeles, Cal., December 16, 1869, recommending that San Pasqual and Pala Valleys in Southern California be set apart as reservations for the Mission Indians in said State.

In my report above referred to I recommend that the following-described lands should be set apart for said reservations, viz: Townships 12 and 13 south, of ranges 1 east and 1 west, and township 9 south, of ranges 1 and 2 west, of the San Bernardino meridian, California.

My recommendation meeting with the approval of the Secretary of the Interior was forwarded to the President, who, on the 31st of January, 1870, ordered that the above-designated lands should be set apart as reservations for Indian purposes.

It appears from the papers transmitted herewith that the citizens of San Diego County protest against the order of the President setting apart said lands for Indian reservations; that the Indians are unanimously opposed to going on said reservations; that citizens have made

valuable improvements thereon, and that there are but few Indians on the lands set apart as aforesaid; that recent gold discoveries have attracted a large immigration thither, and the opinion of the press, together with other evidence, would indicate that it would be for the best interests and welfare of the Indians, as well as others, that the order of the President setting apart said lands for Indian purposes should be recinded.

In view of these facts, I would therefore respectfully recommend that the order of the President be revoked, and that the aforesaid reservations be again restored to the public domain.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, February 15, 1871.

Commissioner transmits papers in reference to San Pasqual and Pala Valley Reservations in southern California, and recommends that the order of the President setting apart the same be revoked and the lands restored to the public domain.

The within recommendation of the Commissioner of Indian Affairs is respectfully submitted to the President, with the request that the order of the Executive for the restoration to the public domain of the lands referred to be given.

It is hereby ordered that the following-described lands in the county of San Diego, Cal., viz, San Bernardino base and meridian:

Portrero.—Including Rincon, Gapich, and La Joya, township 10 south, range 1 east, sections 16, 23, 25, 26, 30, 31, 32, 33, 34, 35, 36, and fractional sections 17, 18, 19, 20, 21, 22, 27, 28, and 29;

Cahuila.—Township 7 south, range 2 east, sections 25, 26, 27, 28, 33, 34, 35, and 36; township 7 south, range 3 east, sections 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35; township 8 south, range 2 east, sections 1, 2, 3, and 4; township 8 south, range 3 east, sections 2, 3, 4, 5, and 6;

Capitan Grande.—Township 14 south, range 2 east, sections 25, 26, 27, 34, 35, and 36; township 14 south, range 3 east, sections 31 and 32; township 15 south, range 2 east, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; township 15 south, range 3 east, sections 5 and 6;

Santa Ysabel.—Including Mesa Grande, township 11 south, range 2 east, south half of section 21, northwest quarter, and east half of section 28, and sections 25, 26, and 27; township 11 south, range 3 east, sections 25, 26, 27, 28, 33, 34, 35, 36, and fractional sections 29, 30, and 32; township 12 south, range 2 east, sections 3, 10, 14, 15, and fractional section 13; township 12 south, range 3 east, sections 1, 2, 12, and fractional sections 3, 4, 10, 11, 13, and 14;

Pala.—Township 9 south, range 2 west, northeast quarter of section 33, and north half of the north half of 34;

Agua Caliente.—Township 10 south, range 3 east, southeast quarter of section 23, southwest quarter of 24, west half of 25, and east half of 26;

Cosmit.—Township 13 south, range 3 east, north half of northeast quarter of section 25, be, and the same are hereby, withdrawn from sale and set apart as reservations for the permanent use and occupancy of the Mission Indians in Lower California.

It is hereby ordered that the following-described lands in San Bernardino County, Cal., viz:

Agua Caliente.—Township 4 south, range 4 east, section 14, and east half of southeast quarter and northeast quarter of section 22;

be, and the same hereby are, withdrawn from sale and set apart as reservations for the permanent use and occupancy of the Mission Indians in Southern California, in addition the selections noted and reserved under Executive order dated 27th December last.

It is hereby ordered that the following lands, situate in California, viz, township 10 south, range 1 east, sections 16 and 36, San Bernardino; township 7 south, range 2 east, section 36; township 14 south, range 2 east, section 36; township 11 south, range 3 east, section 36; township 9 south, range 2 west, north half of northeast quarter, section 33, being lands withdrawn from the public domain for the Mission Indians by President’s order of December 27, 1875; also the following: township 2 south, range 1 east, section 36; township 7 south, range 8 east, section 16, being lands withdrawn by President’s order of May 15, 1876, for the same purposes, be, and the same are hereby, restored to the public domain.

It is hereby ordered that the following lands in California, to wit, all the even-numbered sections and all the unsurveyed portions of township 2 south, range 1 east, township 2 south, range 2 east; township 3 south, range 1 east; and township 3 south, range 2 east, San Bernardino meridian, excepting sections 16 and 36, and excepting also all tract or tracts the title to which has passed out of the United States Government, be, and the same hereby are, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes.

It is hereby ordered that the following-described lands in California, to wit, all the even-numbered sections, and all the unsurveyed portions of township 4 south, range 4 east; township 4 south, range 5 east; and township 5 south, range 4 east, San Bernardino meridian, excepting sections 16 and 36, and excepting also any tract or tracts the title to which has passed out of the United States Government, be, and the same hereby are, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes for certain of the Mission Indians.

It is hereby ordered that so much of the order of December 27, 1875, as relates to the Agua Caliente Indian Reservation in California be, and the same is hereby, canceled.

It is also hereby ordered that said order of December 27, 1875, so far as the same relates to the Santa Ysabel Reservation be, and the same is hereby, canceled to the following extent, viz:

All that portion of sections numbered 25, 26, and 27, township 11 south, range 3 east, lying north of the following line, viz: beginning on the north boundary line of section 25, township 11 south, range 3 east, of San Bernardino meridian; at a point 51.59 chains west of the northeast corner of said section 25; thence according to the true meridian south 25 ½ degrees west, 56.50 chains, to a granite stone marked “P,” at the north side of a granite bowlder 8 feet high; thence south 74 degrees west, 34.60 chains to a black oak marked “PXXI”; thence north 56 degrees west, 52 chains to a granite stone marked “P” in stone mound; thence north 39 degrees west, 40.46 chains to a point on the north boundary of section 27; thence east along the north boundaries of sections 27, 26, and 25, of township 11 south, range 3 east, to the place of beginning.

Sections 26 and 35 in township 10 south, of range 1 west, and sections 2 and 3, in township 11 south, of range 1 west of the San Bernardino meridian be, and the same are hereby, withdrawn from sale and set apart as a reservation for the permanent use and occupancy of the Mission Indians in California: Provided, That this withdrawal shall not affect any existing valid adverse rights of any party.

It is hereby ordered that all the unsurveyed portions of township 2 south, range 1 east, San Bernardino meridian, California, excepting any tract or tracts the title to which has passed out of the United States Government, be, and the same are hereby, withdrawn from sale and settlement, and set apart as a reservation for Indian purposes.

It is hereby ordered that the following-described lands, situated and lying in the State of California, viz, sections numbered 26, 27, 28,

34, and 35, in township numbered 8 south, of range numbered 2 west, of the San Bernardino meridian, be, and the same hereby are, withdrawn from sale and settlement, and set apart for Indian purposes: Provided, however, That any tract or tracts the title to which has passed out of the United States, or to which valid, legal rights have attached under existing laws of the United States providing for the disposition of the public domain, are hereby excluded from the reservation hereby created.

It is hereby ordered that the Executive order dated December 27, 1875, setting aside certain described lands in the State of California, for the use and occupancy of the Mission Indians, be, and the same hereby is, canceled so far as relates to the northwest quarter of the northeast quarter and the northeast quarter of the northwest quarter of section 34, township 9 south, range 2 west of the San Bernardino meridian.

It is hereby ordered that the following lands, situate in California, viz, the southeast quarter of the northeast quarter, the north half of the southeast quarter, and the southeast quarter of the southeast quarter of section 3, township 12 south, range 2 east of San Bernardino meridian, being lands withdrawn from the public domain for the Mission Indians by Executive order of December 27, 1875, be, and the same are hereby, restored to the public domain.

It is hereby ordered that the following-described land, situate in the State of California, San Bernardino base and meridian, viz: Section 28, the northeast quarter of the northeast quarter, and lots 1, 2, 3, 4, and 5 of section 31; the north half, the southeast quarter, the northeast quarter of the southwest quarter, and lots 1 and 2 of section 32, and the north half of section 33, township 4 south, range 1 east; section 2; the south half of section 3, the fractional south half of section 4, the fractional north half of section 10, and the fractional northeast quarter of section 9, township 5 south, range 1 east; the east half of the southeast quarter of section 8, and the southwest quarter of the southwest quarter of section 9, township 12 south, range 2 east, and sections 10, 11, 14, 15, 22, 23, 28, and 33, township 14 south, range 2 east, be, and the same are hereby, withdrawn from sale and set apart for the permanent use and occupation of the Mission Indians in the State of California: Provided, That this withdrawal shall not affect any existing valid rights of any party.

It is hereby ordered that the Executive order dated June 27, 1882, setting aside certain described lands in the State of California for Indian purposes be, and the same is hereby, canceled, so far as it relates to lot 2 in section 28, township 8 south, range 2 west of the San Bernardino meridian.

It is hereby ordered that the Executive order dated June 19, 1883, setting apart certain described lands in the State of California for Indian purposes be, and the same is hereby, canceled, so far as relates to east half southeast quarter, northwest quarter southeast quarter, and southwest quarter northeast quarter, and southwest quarter southeast quarter, southeast quarter southwest quarter, northeast quarter southwest quarter, and southeast quarter northwest quarter section 28, township 4 south, range 1 east, San Bernardino meridian.

It is hereby ordered that the following-described lands in the State of California, being part of the lands restored to the public domain by Executive order dated March 22, 1886, be, and the same are hereby, withdrawn from sale and set apart for the permanent use and occupation of the Mission Indians, viz: South half of southeast quarter, and southeast quarter of northwest quarter section 28, township 4 south, range 1 east, San Bernardino meridian.

It is hereby further ordered that the following-described lands, viz: North half and southeast quarter of northeast quarter, section 28, township 4 south, range 1 east, San Bernardino meridian, California, be, and the same are hereby, restored to the public domain.

It is hereby ordered that the lands embraced in section 23, township 7 south, range 2 east, San Bernardino meridian, California, be, and the same hereby are, withdrawn from sale and settlement, and set apart for the use and occupation of the Mission Indians as an addition to the Coahuila reservation.

It is hereby ordered that the following-described lands, situated and lying in the State of California, viz: Township 10 south, range 4 east, and sections 3 and 4, township 11 south, range 4 east of the San Bernardino meridian, except so much of the same as is covered by the patents issued to J. J. Warren, January 16, 1880, and to Harmon T. Helm, January 16, 1886, be, and the same are hereby, withdrawn from sale and settlement, and set apart as a reservation for the Mission Indians: Provided, however, That any other tract or tracts the title to which has passed out of the United States or to which valid legal rights have attached under existing laws of the United States providing for the disposition of the public domain are also hereby excepted and excluded from the reservation hereby created.

[Occupied by Clear Lake, Concow, Little Lake, Nomelaki, Pit River, Potter Valley, Redwood, Wailaki, and Yuki tribes; area 50 ½ square miles; established by acts of April 8, 1864 (13 Stat., 39) March 3, 1873 (17 Stat., 634), and October 1, 1890 (26 Stat., 658), and Executive orders.]

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, November 18, 1858.

SIR: * * * In accordance to your recommendation the Secretary of the Interior has directed that the entire Nome Cult Valley shall

be retained as a reservation, and you are required immediately after the receipt of this letter to give public notice to that effect.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, January 6, 1860.

SIR: I have to acknowledge the receipt of your letter of the 31st ultimo, inclosing a diagram indicating the public surveys in Round Valley, California, together with accompanying papers pertaining to allegations respecting an Indian reservation in that valley; and in reply to your inquiry in relation to evidence of the existence of a reserve in that locality I herewith inclose a copy of a letter from this office to late Superintendent Henley, of November 18, 1858, from which you will perceive that by order of the Secretary of the Interior the entire valley of Nome Cult, designated by you as the Round Valley, was set apart and reserved for Indian purposes, and Mr. Henley was directed to give public notice to that effect.

In regard to the alleged statement of late Superintendent Henley to Deputy Surveyor Hatch, that he had appropriated a portion of said valley for an Indian farm, but that the same had never been recognized by the Government, I would remark that said valley was selected for Indian purposes by Mr. Henley in 1856; and Special Agent S. P. Storms gave it the name of Nome Cult, under the impression that he was the first discoverer of a new valley. An Indian farm was then established at that point, under his supervision, which has been cultivated and improved at the expense of the Government from that period to the present time, and is still held for Indian use.

There is a letter on file here, dated May 7, 1858, from the then Superintendent Henley, in which he makes use of the following language in regard to the Nome Cult Farm:

“This farm seems in a prosperous condition, and bids fair, in my judgment, to become the best location for the subsistence of Indians we have yet selected.”

Again, in a letter of the 28th of February last, he called attention to intrusions upon the rights of Indians in this valley, and inclosed, for the information of this office, a copy of a letter from Special Agent Storms, in charge of the “Round Valley Farm.”

These facts are deemed sufficient to show that the Round Valley has been set apart and recognized by the Department for an Indian reservation, and I have to request that you will respect the same upon the books of your office, and notify the local office in California accordingly.

(June 21, 1860, the General Land Office transmitted to this office plat of a survey of the boundaries of this reserve, certified by the surveyor-general of California May 4, 1860, which showed the reserve as surveyed at that time to be situated in townships 22 and 23 north, of ranges 12 and 13 west of Mount Diablo meridian, California, and to embrace 25,030.08 acres.)

DEPARTMENT OF THE INTERIOR,
Washington, D. C., March 30, 1870.

SIR: I have the honor to transmit herewith a communication dated the 4th instant, from the Commissioner of Indian Affairs, and accompanying papers, map, etc., recommending the enlargement of Round Valley Indian Reservation in Mendocino County, California, to the extent indicated by the Commissioner, and as delineated on the said map.

I concur with the Commissioner in the opinion that the Indian service in California requires that all of “Round Valley” be reserved for Indian purposes, and have the honor to request that said valley be set apart as an Indian reservation, as the same is enlarged in accordance with the report of Superintendent McIntosh, plat, field-notes, and schedule of lands, marked A, B, and C, which are herewith inclosed.

OFFICE OF THE SUPERINTENDENT
OF INDIAN AFFAIRS, CALIFORNIA,
San Francisco, February 18, 1870.

SIR: I have the honor to inclose to you the field-notes of the recent survey of the Round Valley Indian Reservation. I also forward a proposed description of lands to be set apart for an Indian reservation at Round Valley, Mendocino County, California.

I am, sir, very respectfully, your obedient servant,
J. B. MCINTOSH,
Bvt. Maj. Gen. U. S. A., Supt. of Indian Affairs.

Proposed description of lands to be reserved for Indian purposes in Round Valley, Mendocino County, California.

All that piece or tract of land situated in Round Valley, Mendocino County, California, being a portion of the four townships hereinafter mentioned, namely:

Townships 22 and 23 north, range 12 west, and 22 and 23 north, range 13 west, Mount Diablo meridian, and contained within the boundaries hereinafter described.

Beginning at a white-oak post the southeast corner section 23, township 23 north, range 13 west, Mount Diablo meridian; thence south 72 degrees 22 minutes west for 5, 330 feet (magnetic variation 17 degrees 38 minutes east), to a white-oak post; thence south for 3, 154 feet, to a white-oak post in stone mound; thence south 23 degrees east for 2,073 feet, to a white-oak post; thence south 7 degrees 35 minutes east for 4,491 feet, to a white-oak post; thence south 37 degrees 25 minutes east for 13,324 feet, to a white-oak post in rock mound; thence south 41 degrees 40 minutes east for 4,763 feet, to an oak post in rock mound; thence south 71 degrees 20 minutes east for 2,845 feet, to an oak post; thence south 20 degrees 30 minutes east for 4,098 feet, to black-oak tree blazed on four sides 4 feet from the ground; thence south 80 degrees 15 minutes east for 2,730 feet, to a pine tree 100 feet in height, bushy top, blazed as above; thence south 53 degrees 10 minutes east for 937 feet, to a pine tree 20 inches in diameter, forked 10 feet above ground, blazed as above; thence south 45 degrees 10 minutes east for 2,333 feet, to a black-oak tree 30 inches in diameter, blazed as above; thence south 72

degrees 58 minutes east for 9,120 feet, to an oak post on high knoll; thence north 39 degrees 33 minutes east for 4,627 feet, to a white-oak tree 30 inches in diameter, blazed as above; thence north 28 degrees 30 minutes east for 2,485 feet, to a pine tree 30 inches in diameter, blazed as above; thence north 16 degrees 42 minutes east for 3,209 feet, to a black-oak tree 32 inches in diameter, and blazed as above; thence north 51 degrees 40 minutes east for 3,797 feet, to a white-oak tree 15 inches in diameter, and blazed as above; thence north 23 degrees 32 minutes east for 3,053 feet, to a white-oak tree 10 inches in diameter, and blazed as above; thence north 7 degrees 35 minutes east for 6,150 feet, to a white-oak tree 20 inches in diameter, and blazed as above; thence north 48 degrees 40 minutes east for 1,088 feet, to a pine tree 30 inches in diameter, and blazed as above; thence north 15 degrees east for 719 feet, to a pine tree 20 inches in diameter, and blazed as above; thence north 71 degrees 25 minutes east for 962 feet, to a forked black-oak 20 inches in diameter, and blazed as above; thence north 15 minutes east for 13,930 feet, to a white-oak 30 inches in diameter, and blazed as above; thence north 53 degrees 45 minutes west for 1,678 feet to a pine tree 15 inches in diameter, and blazed as above; thence north 45 degrees 25 minutes west for 4,616 feet, to a white-oak tree 40 inches in diameter, and blazed as above; thence north 76 degrees 55 minutes west for 3,935 feet, to a white-oak tree 22 inches in diameter, and blazed as above; thence north 81 degrees 45 minutes west for 5,670 feet, to a black-oak tree, 20 inches in diameter, and blazed as above; thence north 89 degrees 15 minutes west for 1,874 feet, to a pine tree 35 inches in diameter, and blazed as above; thence north 83 degrees 15 minutes west for 849 feet, to a pine tree 40 inches in diameter, and blazed as above; thence north 71 degrees 15 minutes west for 1,257 feet, to a pine tree 30 inches in diameter, and blazed as above; thence north 60 degrees 40 minutes west for 1,337 feet, to a pine tree 28 inches in diameter, and blazed as above; thence north 52 degrees 25 minutes west for 1,530 feet, to a pine tree 30 inches in diameter, and blazed as above; thence north 64 degrees 40 minutes west for 5,525 feet, to a pine tree 35 inches in diameter, and blazed as above; thence south 78 degrees 30 minutes west for 604 feet, to a pine tree 30 inches in diameter, and blazed as above; thence north 84 degrees 35 minutes west for 3,357 feet, to a pine tree 9 inches in diameter, and blazed as above; thence north 71 degrees 40 minutes west for 3,103 feet, to a pine tree 40 inches in diameter, and near a bowlder, and blazed as above; thence north 87 degrees 35 minutes west for 4,482 feet to a black-oak tree 40 inches in diameter, and blazed as above; thence south 66 degrees 20 minutes west for 2,423 feet, to a pine tree 60 inches in diameter, and blazed as above; thence south 3 degrees 37 minutes east for 3,314 feet, to a manderone tree 40 inches in diameter, and blazed as above; thence south 34 degrees 10 minutes west for 9,170 feet, to a white-oak tree 30 inches in diameter, and blazed as above; thence south 23 degrees 10 minutes west for 1,768 feet, to a white-oak tree 50 inches in diameter, and blazed as above; thence south 16 degrees 50 minutes west for 734 feet, to a pine tree 40 inches in diameter, and blazed as above; thence south 35 degrees 40 minutes west for 993 feet, to a double pine tree 60 inches by 25 inches at but, and blazed as above; thence south 25 minutes west for 409 feet, to a pine tree 32 inches in diameter, and blazed as above; thence south 61 degrees 15 minutes east for 1,046 feet, to a pine tree 40 inches in diameter, and blazed as above; thence north 48 degrees 14 minutes east for 1,347 feet, to a white-oak tree 30 inches in diameter, and blazed as above; thence north 41 degrees 50 minutes east for 1,043 feet, to a white-oak tree 25 inches in diameter, and blazed as above; thence north 32 degrees 40 minutes east for 735 feet to point of beginning.

The total length of said boundary being 31 miles 1,039 feet, and including an area of 31,683 acres; said tract of land being more minutely described in the field-notes and plat of the survey of said tract executed in December, 1869, and January, 1870, under the superintendence of Bvt. Maj. Gen. John B. McIntosh, U. S. Army, by Bvt. Second Lieut. R. U. Vazaro, Corps of Engineers, U. S. Army.

I hereby order that “Round Valley,” in Mendocino County, Cal., be set apart as an Indian reservation, in accordance with the recommendation of the Secretary of the Interior, as the same is delineated on the map accompanying his letter of the 30th March, 1870.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, March 29, 1873.

SIR: I have the honor to invite your attention to the terms of an act of Congress approved March 3, 1873, entitled “An act to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other purposes.”

Section 2 of said act provides “that said township line between townships 22 and 23 north, extending from the middle fork of Eel River on the east to Eel River on the west, shall hereafter be the southern boundary of the Indian reservation in Round Valley, and the center of the middle fork of Eel River shall be the eastern boundary, and the center of Eel River shall be the western boundary of said reservation, with the privilege of fishing in said streams.”

Section 3 of the same act further provides “that immediately after the passage of this act the President shall cause to be withdrawn from sale or entry under the homestead and pre-emption laws all the land lying north of the southern boundary of the reservation as herein defined, and bounded north by the Eel River and the north fork of said river, east by the middle fork, and west by Eel River.” * * *

In compliance with the provisions of said act, I have the honor to recommend that the President be requested to issue his order, directing that the tract of country described in said section 3 thereof be withdrawn, and reserved from sale or entry as public lands until after the report of the commissioners appointed to fix the northern boundary of said reservation shall have been received and approved.

Very respectfully, your obedient servant,
H. R. CLUM, Acting Commissioner.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., April 8, 1873.

SIR: I have the honor to hand you herewith a letter dated the 29th ultimo, from the Acting Commissioner of Indian Affairs, wherein it is recommended that an order be issued by the Executive, directing that the tract of country described in the third section of the act approved March 3, 1873, entitled “An act to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other purposes,” be withdrawn and reserved from sale and entry as public land until the report of the commissioners appointed under said act to fix the northern boundary of said reservation, etc., shall have been received and action had thereon.

The recommendation of the Acting Commissioner is approved, and I have respectfully to request that an order may be issued setting apart the lands referred to for the purpose named.

Let the lands described in the third section of the act of 3d March, 1873, for the restoration to market of a part of the Round Valley Indian Reservation in California, be withdrawn from sale and entry, as recommended in the within letter of the honorable the Secretary of the Interior of this date.

Whereas an act of Congress entitled “An act to restore a part of the Round Valley Indian Reservation in California to the public lands, and for other purposes,” approved March 3, 1873 (Stats. at Large, vol. 17, p. 633), defines the south, east, and west boundaries of said reservation, and authorizes and directs the Secretary of the Interior to appoint a commission to report its north boundary, and said commission having made their report, which was approved by the Secretary of the Interior, August 4, 1874, I hereby order and proclaim the following as the boundaries of the Round Valley Indian Reservation in California, conformable to said act of Congress, viz:

Beginning for the same at a point in section 36, of township 23, range 12 west, Mount Diablo meridian, where the township line crosses Eel River, being at a point about 80 rods west of the southeast corner of said township and section; thence following the courses of Eel River up said stream, in the center thereof, to a point where the same is intersected by the stream known as Williams Creek or Bland Mountain Creek; thence following up the center of said creek to its extreme northern source on the ridge dividing the waters of said creek from the waters of Hall’s Cañon or Creek, a tributary of the north fork of Eel River, at the foot of Bland Mountain, crossing said dividing range at a point on a line where a small white-oak tree and a cluster of arborvité trees are branded with the letters U. S. R.; thence in a direct line to the center of said Hall’s Cañon or Creek; thence following down the center of the same to its intersection with the north fork of Eel River; thence down the center of said north fork to its intersection with the main fork; thence following up the main fork of the Eel River, in the center thereof, where the township line between townships 22 and 23 north, range 13 west, would intersect said river, if produced; thence east along said township line through ranges 13 and 12 to the place of beginning.

The military reservation in California known as Camp Wright, embracing the west half of section 1 and the east half of section 2, township 22 north, range 13 west, and containing 1 mile square of land, be the same more or less, having been, with its buildings, improvements, etc., relinquished by the War Department, the Executive order of April 27, 1869, creating said military reservation, is hereby revoked, and the said tract of land, with its buildings, improvements, etc., is hereby withheld from public sale, and reserved for the use and occupancy of the Indians located on the Round Valley Reservation, as an extension thereof, until otherwise ordered.

DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, April 9, 1862.

SIR: I have the honor to submit for your consideration a report from Agent Hanson, of February 14, and also his letter, with accompanying papers, of February 28, 1862, relative to the destruction by flood of the Klamath Reservation in California, and the selection of a new reservation in the Smith River Valley, with a map thereof as submitted by him.

The report having already been submitted to the Senate Committee on Indian Affairs, and understood to meet their approval, I would respectfully recommend, should it meet with your concurrence, that the President be requested to cause such portions of the proposed reservation as have been proclaimed for sale, and are not included in the purchases made by Agent Hanson from individuals, to be withdrawn from sale, and that the local land office be instructed to respect the same as an Indian reservation until otherwise ordered.

The lands embraced in the proposed reservation may be withdrawn from sale for the present.

(The lands referred to were in townships 17, 18, and 19, lying upon the Pacific Ocean, in Del Norte County.)

This reserve was discontinued by act of Congress approved July 27, 1868 (15 Stats., 221).

SIR: I have the honor to submit herewith a letter from the Acting Commissioner of Indian Affairs, dated the 3d instant, requesting the setting apart for the use of the Tule River, King’s River, Owen’s River, Manche Cajon, and other scattering bands of Indians in California a tract of land described as follows: Commencing on the South Tule River, 4 miles below the Soda Springs on said river, running thence north to the ridge of mountains dividing the waters of the South Tule and Middle Tule; thence east on the dividing line 10 miles; thence south to the ridge dividing the waters of South Tule River and Deer Creek; thence west on said ridge 10 miles; thence north to the place of beginning; the said described tract of country being about 10 miles long and 6 miles wide. The request of the Acting Commissioner meets the approval of this Department, and I respectfully recommend that an order be issued by the Executive setting apart the lands referred to for the purpose indicated.

I have the honor to be, your obedient servant,
B. R. COWEN, Acting Secretary.

Let the lands described in the within letter be set apart as a reservation for the bands of Indians in California therein named, agreeably to the recommendation of the Acting Secretary of the Interior.

It is hereby ordered that the following tract of country be, and the same is hereby, withheld from sale and set apart as a reservation for the Tule River, King’s River, Owen’s River, Manche Cajon, and other scattered bands of Indians in the State of California, to be known as the “Tule River Indian Reservation,” this being in lieu of the reservation set apart for those Indians by Executive order dated the 9th of January last, which is hereby canceled:

Commencing on the South Fork of the Tule River, 4 miles below the Soda Springs on said river, running thence north to the ridge of mountains dividing the waters of the North Fork and Middle Fork of the Tule River; thence on said ridge easterly, extended if necessary, to a point from which a line running due south would intersect a line running due east from the place of beginning, and at a distance of 10 miles therefrom; thence from said point, due south, to the ridge extended if necessary, dividing the waters of the South Fork of Tule River and Deer Creek; thence westerly on said ridge to a point due south of the place of beginning; thence north to the place of beginning, as indicated by red lines on above diagram.

It is hereby ordered that all of that portion of the Tule River Indian Reservation in California lying within the following boundary, viz: Commencing at a place where a line running due north from a point on the South Fork of the Tule River, 4 miles below the Soda Springs on said river, crosses the ridge of mountains dividing the waters of the South Fork and Middle Fork of the Tule River; thence north to the ridge of mountains dividing the waters of the North Fork and Middle Fork of Tule River; thence on said ridge easterly to a point from which a line running due south would intersect a line running due east from the place of beginning, and at a distance of 10 miles therefrom; thence from said point due south to the ridge of mountains dividing the waters of the South Fork and Middle Fork of Tule River; thence westerly on said ridge to the place of beginning, be, and the same hereby is, restored to the public domain.

It is hereby ordered that the following-described tract of country in the Territory of Arizona, viz, beginning at a point in the channel of the Colorado River, opposite the mouth of the Gila River, thence up the channel of the Gila River to the range line (when extended) between ranges 19 and 20 west of the Gila and Salt River meridian, thence north on said range line to the first standard parallel south, thence west on said parallel to the channel of the Colorado River,

thence down the channel of said river to the place of beginning, be, and the same is hereby, withdrawn from settlement and sale and set apart as a reservation for the Yuma and such other Indians as the Secretary of the Interior may see fit to settle thereon: Provided, however, That any tract or tracts included within the above-described boundaries to which valid rights have attached under the laws of the United States are hereby excluded from the reservation hereby made.

In lieu of an Executive order dated July 6, 1883, setting apart certain lands in the Territory of Arizona as a reservation for the Yuma Indians, which order is hereby cancelled, it is hereby ordered that the following-described tract of country in the State of California, except so much thereof as is embraced within the Fort Yuma military reservation, viz, beginning at a point in the channel of the Colorado River due east of the meander corner to sections 19 and 30, township 15 south, range 24 east, San Bernardino meridian; thence west on the line between sections 19 and 30 to the range line between townships 23 and 24 east; thence continuing west on the section line to a point which, when surveyed, will be the corner to sections 22, 23, 26, and 27, in township 15 south, range 21 east; thence south on the line between sections 26 and 27, in township 15 south, range 21 east, and continuing south on the section lines to the intersection of the international boundary, being the corner to fractional sections 34 and 35, in township 16 south, range 21 east; thence easterly on the international boundary to the middle of the channel of the Colorado River; thence up said river, in the middle of the channel thereof, to the place of beginning, be, and the same is hereby, withdrawn from settlement and sale and set apart as a reservation for the Yuma and such other Indians as the Secretary of the Interior may see fit to settle thereon: Provided, however, That any tract or tracts included within the foregoing-described boundaries to which valid rights have attached under the laws of the United States are hereby excluded out of the reservation hereby made.

It is also hereby ordered that the Fort Yuma military reservation before mentioned be, and the same is hereby, transferred to the control of the Department of the Interior, to be used for Indian purposes in connection with the Indian reservation established by this order, said military reservation having been abandoned by the War Department for military purposes.

INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws (Compiled to December 1, 1902)

PART III.—EXECUTIVE ORDERS RELATING TO INDIAN RESERVES.
Arizona | California | Colorado | Idaho | Indian Territory | Iowa | Kansas | Michigan | Minnesota | Montana | Nebraska | Nevada | New Mexico | North Dakota | Oklahoma | Oregon | South Dakota | Utah | Washington | Wisconsin | Wyoming

CALIFORNIA

Hoopa Valley Reserve.

Klamath River Reserve.

Mendocino Reserve.

Mission Indian Reserves.

Round Valley (Nome Cult) Reserve.

Smith River Reserve.

Tule River Reserve.

Yuma Reserve.