INDIAN AFFAIRS: LAWS AND TREATIES

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

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

PART III.—EXECUTIVE ORDERS RELATING TO INDIAN RESERVES.
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SIR:     I inclose herewith a diagram of Madeline Island, as the same is laid down in plats of townships 50 and 51 north, of range 2 west, fourth principal meridian, lately received at the General Land Office from the surveyor-general, in order that you may indicate thereon by legal subdivision the 200 acres of land reserved for the La Point band and other Indians on the northern extremity of Madeline Island for a fishing-ground, under the second clause of the treaty (second article) of September 30, 1854.

You will be particular to specify the quantity embraced in each legal subdivision selected, whether by lots or otherwise, to make up this

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quantity; and also to transmit a description of each tract to accompany the diagram. When so marked, you are requested to return the diagram and the required description to this office at as early a day as possible.

Very respectfully, your obedient servant,
J. W. DENVER, Commissioner.

A. M. Fitch, Esq.,
      Indian Agent, Detroit, Mich.

In respect to the above, I have the honor to report that I have visited Madeline Island and there held a council with the head chief of the La Point bands of Indians, Chay-che-que-oh (Little Buffalo), who, in concert with others of his band, have selected the following-described land, to be used by them as a fishing-ground under the second clause of the second article of the treaty of the 30th September, 1854, reference being had to the diagrams accompanying the report and to the minutes of the proceedings in council as certified by me.

Description of lots selected by the La Point Indians on the northern extremity of Madeline Island for a fishing-ground under the second clause of the treaty (second article) of 30th September, 1854.

The diagram referred to in the letter of instruction I return herewith, and also one that I had made when the lots were selected.

I am, very respectfully, your obedient servant,
C. K. DREW,
United States Indian Agent.

Hon. W. J. CULLEN,
      Superintendent Indian Affairs, St. Paul, Minn.

SIR:     I herewith inclose the accompanying report of Agent Drew, upon the instructions of J. W. Denver, commissioner of Indian affairs, to Agent Fitch, dated October 26, 1857, in regard to the selection of the 200 acres reserved for the La Point bands for a fishing-ground on Madeline Island, together with a diagram and a schedule, signed by the chiefs and headmen, of the lots selected by them.

Respectfully, your obedient servant,
W. J. CULLEN,
Superintendent of Indian Affairs.

Hon. A. B. GREENWOOD,
      Commissioner of Indian Affairs, Washington, D. C.

(Selections reported to General Land Office September 17, 1859.)

SIR:    I have the honor to inclose herewith, in accordance with your instructions dated December 18, 1872, a list of the lands selected as a permanent reservation for the Lac Court Oreille bands, Chippewas of Lake Superior, after consultation with the chiefs and headmen.

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It is believed that the above-mentioned selection, while satisfactory to the Indians and fulfilling the spirit of the treaty under which it is made, fully secures the interests of the General Government, as well as those of the State of Wisconsin.

It is of the greatest importance that a survey of the exterior boundaries of the reservation be made at the earliest practicable period. The boundary marks of the first survey are generally indistinct, and, besides, do not conform to the boundaries as now proposed.

Persons may trespass with little danger of discovery or hindrance now, but would be prevented if the boundaries of the reservation were distinctly defined and marked so that the Indians themselves could understand them.

Very respectfully, your obedient servant,
S. N. CLARK,
United States Indian Agent.

Hon. H. R. CLUM,
      Acting Commissioner of Indian Affairs, Washington, D. C.

SIR:     I have the honor to submit herewith the following selections of land for a permanent reservation for the Lac Court Oreilles bands of Chippewas, of Lake Superior, as recommended in a report to this office from Agent S. N. Clark, under date of the 17th instant, pursuant to instructions of December 18, 1872, amounting in the aggregate to 69,136.41 acres, viz:

I now respectfully recommend that the remainder of lands withdrawn from market by orders from the General Land Office of November 22, 1859, and April 4, 1865, from which to select a permanent reservation for said Indians, be restored to market.

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

The Hon. SECRETARY OF THE INTERIOR.

SIR:    I transmit herewith copy of a letter from the Acting Commissioner of Indian Affairs, dated the 24th ultimo, submitting selections of land for a permanent reservation for the Lac Court Oreilles bands of Chippewa Indians of Lake Superior, amounting in the aggregate to 69,136.41 acres.

The recommendation of the Acting Commissioner that the remainder of lands withdrawn from market by orders from the General Land Office of November 22, 1859, and April 4, 1865, from which to select

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a permanent reservation for said Indians, be restored to market, is hereby approved, and you will be pleased to carry the same into effect.

Very respectfully, your obedient servant,
C. DELANO, Secretary.

The COMMISSIONER OF THE GENERAL LAND OFFICE.

SIR:    Provision is made in the third section of the second article of the treaty of September 30, 1854, with the Chippewa Indians of Lake Superior and the Mississippi, for setting apart and withholding from sale a tract of land lying about Lac de Flambeau, “equal in extent to three townships, the boundaries of which shall be hereafter agreed upon or fixed by the President.” (U. S. Statutes at Large, vol. 10, p. 1109.)

As the lands adjoining this lake are about to be offered at public sale, it is important that immediate action should be taken in withdrawing from sale lands necessary for this reservation. The following-described lands were included within a survey made to define the boundaries of this reservation in June, 1863, by A. C. Stunz, surveyor, under the direction of the Superintendent of Indian Affairs, viz: Sections 5 and 6, township 39 north, range 6 east; sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, township 40 north, range 6 east; sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, township 41 north, range 6 east; all of township 41 north, range 5 east; sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 41 north, range 4 east; sections 1, 2, 11, 12, 13, and 14, township 40 north, range 4 east; sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18; township 40 north, range 5 east; the area of the same being 55,630.26 acres.

As this is a less amount of land than is provided for in the treaty for said reservation, I would respectfully recommend that in addition to the foregoing there be reserved from sale, until such time as the boundaries of the reservation are fully defined, the following-described lands which are contiguous to those included in the survey above stated, viz: Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, township 40 north, range 5 east; sections 3, 10, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, township 40 north, range 4 east.

Very respectfully, your obedient servant,
D. N. COOLEY, Commissioner.

Hon. JAMES HARLAN,
      Secretary of the Interior.

SIR: I have received your letter of the 26th instant inclosing a copy of a letter from the Commissioner of Indian Affairs, dated the 22d, requesting the withholding from sale of certain lands on account of the Lac de Flambeau band of Chippewas, under third section, second article, of the treaty of September 30, 1854.

In compliance with your instructions the necessary entries have been made in the records of this office, and the register and receiver at

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Stevens Point, Wis., have this day been directed to withhold from sale the land described in the Commissioner’s letter. A copy of my letter is inclosed herewith.

Very respectfully, your obedient servant,
Jos. S. WILSON,
Acting Commissioner.

Hon. JAMES HARLAN,
      Secretary of the Interior.

GENTLEMEN:    In pursuance of the order of the Secretary of the Interior of the 26th instant, the following-described lands will be withheld from settlement or sale on account of the Lac de Flambeau band of Chippewa Indians, to wit: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, township 40, range 4 east; sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 41, range 4 east; all of township 40, range 5 east; all of township 41, range 5 east; sections 5 and 6, township 39, range 6 east; sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, township 40, range 6 east; and sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32, township 41, range 6 east.

These lands will be held in reservation for the purpose mentioned, and consequently will not be subject to settlement or sale, and you will so enter them on your plats and tract-books, and advise me when that has been done.

Very respectfully,
Jos. S. WILSON,
Acting Commissioner.

REGISTER AND RECEIVER,
      Stevens Point, Wis.

SIR:    For your information I inclose herewith copy of letter of the Commissioner of the General Land Office, transmitting to this Department copy of the order of withdrawal from public sale of certain lands in the vicinity of Lac de Flambeau, Wis., as directed by my letter of the 26th instant.

Very respectfully, your obedient servant,
JAS. HARLAN, Secretary.

Hon. D. N. COOLEY,
      Commissioner of Indian Affairs.

SIR: Inclosed I have the honor to submit an abstract from the Acting Commissioner of Indian Affairs’ letter of the 5th instant, requesting the withdrawal of certain lands for the Chippewa Indians in Wisconsin, under the treaty of September 30, 1854, referred by the Department to this office on the 5th instant, with orders to take immediate steps for the withdrawal of the lands from sale.

In obedience to the above order I herewith inclose a map, marked A, showing by the blue shades thereon the townships and parts of townships desiring to be reserved, no portion of which are yet in market, to wit: Township 51 north, of range 3 west, fourth principal meridian, Wisconsin; northeast quarter of township 51 north, of range 4 west fourth principal meridian. Wisconsin; township 52 north, of

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ranges 3 and 4 west, fourth principal meridian, Wisconsin. For the preservation of which, until the contemplated selections under the sixth clause of the Chippewa treaty of 30th September, 1854, can be made, I respectfully recommend that the order of the President may be obtained.

The requisite reports on the subject of the new surveys, and respecting pre-emption claims, referred to in the same order, will be prepared and communicated at an early day.

I am, respectfully, your obedient servant,
THOMAS A. HENDRICKS,
Commissioner.

Hon. R. MCLELLAND,
     Secretary of the Interior.

This plat represents by the blue shade certain land to be withdrawn with a view to a reservation under Chippewa treaty of 30th September, 1854, and as more particularly described in Commissioner of the General Land-Office’s letter of 6th September, 1855. The subject was referred to the President for his sanction of the recommendation made in Secretary’s letter of 8th September, 1855, and the original papers can not now be found. This plat is a duplicate of the original received in letter of Commissioner of the General Land Office of this date, and is recommended to the President for his sanction of the withdrawal desired.

R. McCLELLAND, Secretary.

FEBRUARY 21, 1856.

Let the withdrawal be made as recommended.

FRANKLIN PIERCE.

SIR:    My attention has just been called to the subject of your communication of the 31st of May last, together with the papers inclosed therewith, pertaining to the selection of the four sections of land reserved for that subdivision of the La Pointe band of which Buffalo was chief, under the sixth clause of the second article of the Chippewa treaty of September 30, 1854.

This matter formed the subject of a communication from this office to the Secretary of the Interior on the 5th of September, 1855, a copy of which is herewith inclosed, in which it was recommended that the necessary means should be taken to cause township 51 north, range 3 west, the northeast quarter of township 51 north, range 4 west, and township 52 north, ranges 3 and 4 west, to be reserved from sale until the selections were made, under the provisions of the aforesaid treaty, for the bands of Indians of which Buffalo was then chief.

Agreeably to the suggestions of this Bureau, your office was directed by the Secretary of the Interior, some time in the month of September, 1855, to adopt appropriate steps to have said tracts reserved from pre-emption and sale until the selections for the Indians had been made.

I find by an examination of a letter from Col. G. W. Manypenny, dated at La Pointe, Wis., August 24, 1855, that he (by mistake) designated the northeast quarter of township 51 north, of range 4 west, to be withheld from sale; whereas it should have been the southeast quarter of the same township and range; and I have now to request that you will direct the register and receiver of the proper local land office to withhold from pre-emption or sale sections 25 and 36 in the southeast quarter of the aforesaid township, the same being a portion of the lands selected by the Chief Ge-gi-qui-on, and that said sections should be respected upon the records of their office.

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In view of these facts, I am of the opinion that no pre-emption claims presented subsequent to the selection of the land for Indian purposes in 1855 should be admitted to the prejudice of the rights of the Indians under the treaty.

The treaty evidently contemplated the selection of the land on or near the lake shore, and therefore it is not deemed requisite that the location should embrace four full sections, as such a construction, in view of the meanders of the lake, which prevent the location at that point; and as the legal subdivisions selected by Ge-gi-qui-on are in as compact a form as practicable, although the aggregate exceeds by 32.61 acres the area of four full sections of one square mile each, yet as the selections conform to the requirement of the treaty as nearly as possible, I hereby approve the location of the following tracts, and have to request that the same may be respected upon the books of your office, and that the proper local land office be notified of the same, to wit:

In T. 51, R. 3, west of fourth meridian:

Very respectfully, your obedient servant,
CHARLES E. MIX, Commissioner.

JOSEPH S. WILSON, Esq.,
      Acting Commissioner of the General Land Office.

SIR: I herewith transmit a plat showing a proposed enlargement of the Red Cliff Indian Reservation, in Wisconsin, it being that portion bounded by Lake Superior, and the yellow lines upon the plat, and would respectfully ask that you cause the lands embraced therein to be withheld from sale until definite action can be had upon the proposed enlargement.

Very respectfully, your obedient servant,
W. P. DOLE, Commissioner.

Hon. JOSEPH S. WILSON,
      Acting Commissioner General Land Office.

NOTE.—By letter of the General Land Office, dated May 27, 1863, to the local land officers at Bayfield, Wis., said officers were instructed to “withhold from sale or location until further orders all the lands in townships 51 and 52, 3 west, sections 2 and 6, in township 51, 4 west, and township 52, 4 west, sections 1, 2, 3, and 4, township 51, 5 west, and township 52, 5 west.”

Subsequently, by letter of September 11, 1863, the General Land

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Office advised said local officers at Bayfield, Wis., that the islands in the above-named sections and townships were excluded from the operations of said order of withdrawal.

The plats in the General Land Office show the following lots and parcels of land to have been withheld from sale in consequence of said order:

Sections 6, 7, 8, 16, 17, 18, 19, 20, 21, 29, 30, and 31, township 51, range 3 west.

Lot 1, section 31, township 52, range 3 west.

Sections 1, 2, and 6, township 51, range 4 west.

Lot 1, section 21, lot 1, section 22, and sections 26, 27, 28, 31, 32, 33, 34, 35, and 36, township 52, range 4 west.

Sections 1, 2, 3, and 4, township 51, range 5 west.

Sections 34, 35, and 36, township 52, range 5 west.

(Lands withdrawn by General Land Office May 8 and June 3, 1863.)

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