follows: Secs. 24, 25, and 36, T. 50 S., R. 41 E., and secs. 1 and 12, T. 51 S., R. 41 E. (6) All of what is known as Harneys Key and the marsh lands of the legal subdivisions of which it constitutes a part, approximately situated as follows: SE. sec. 6 and SW. sec. 5, T. 53 S., R. 40 E.

Second. That a survey be made of all the unsurveyed lands approximately described above for the purpose of more definitely determining their character, situation, etc.

Third. That there be purchased for the use of the Seminole Indians, to be held for them during their occupancy, other lands adjacent to the hammocks and lands in first tract above described, not to exceed 56,000 acres and at a price not to exceed 20 cents an acre.

Fourth. That so much of the moneys appropriated on hand and unexpended for the education and civilization of the Seminole Indians, and hereafter to be appropriated, be applied to the purchase of the lands above referred to.

Fifth. That such isolated tracts as have already been purchased for the use of the said Indians be exchanged for other lands, in order to form a compact tract or reservation as part of the above.

Sixth. That the amount set aside for these Indians, including marsh lands, shall not exceed 350,000 acres.

Seventh. That in case the above land, hammocks, islands, etc., recommended to be reserved for the Seminole Indians be not sufficient and suitable for their support, that the said survey be extended to the southern or other parts of the Everglades, as may be determined upon in the future by the honorable Secretary.

Eighth. That the present site of the agency be removed to such a point within the purchased or reserved lands at such time as may be determined upon, and that a suitable and sufficient quantity of land be reserved for agency purposes, not to exceed 320 acres.

Ninth. That proper measures be instituted immediately for the purpose of carrying out the above recommendations.

I have not been advised what action has been taken by the Department or the General Land Office upon the foregoing recommendations.

INDIAN TERRITORY UNDER THE CURTIS ACT.

This act, which was approved by the President on June 28, 1898, entitled "for the protection of the people of the Indian Territory, and for other purposes " (30 Stats., p. 475, and p. 00 of this report), is probably the most important piece of legislation and will have the most farreaching effect of any act that has been passed by Congress relative to Indian affairs since the passage of the act of February 8, 1887 (24 Stats., 388), known as the general allotment act.

The Curtis Act provides for many radical changes in the government of the Five Civilized Tribes and the regulation of affairs in the Indian Territory. Its principal features are:

First. The enlargement and extension of the jurisdiction of the United States courts for the Indian Territory so as to include all causes of action irrespective of the parties, and so as to give those courts jurisdiction to try certain suits by or against the several tribes.

Second. The conferring of jurisdiction for police purposes on the courts and municipal authorities of Fort Smith, Ark., over a certain portion of the Choctaw Nation lying between the corporate limits of

Fort Smith and the Arkansas and Poteau rivers and extending up the Poteau River to the mouth of Mill Creek.

Third. The making of the enrollment of the tribes by the commission to the Five Civilized Tribes, known as the Dawes Commission, conclusive as to the membership of each tribe. This provision will, when executed, determine definitely the membership of the tribes and dispose of all claims to citizenship, which, as stated in another part of this report, have complicated the question of intruders.

Fourth. The allotment of lands in severalty to the members of the tribes by the Dawes Commission, so far as the use and occupancy of the lands may be concerned, reserving all minerals for the benefit of the tribes.

Fifth. The leasing by the Secretary of the Interior of the mineral lands of the different tribes under regulations to be prescribed by him. Sixth. Providing for the incorporation of cities and towns in the Territory under the provisions of chapter 29 of Mansfield's Digest of the Statutes of Arkansas, if not already incorporated under said chapter. Seventh. Providing for surveying and laying out town sites and for the appraisal and sale of town lots within the Territory.

Eighth. Providing for the payment of all rents and royalties due and payable to the tribes into the Treasury of the United States to the credit of the tribes, respectively, under regulations to be prescribed by the Secretary of the Interior, and prohibiting the collection of the same by any individuals for the tribe, but permitting the leasing by individuals of their allotments, except as to minerals.

Ninth. Prohibiting the payment of any moneys on any account whatever to the tribal governments for disbursement; providing that the payment of all sums to members of the tribes shall be made by a disbursing officer of the Government, under the direction of the Secretary of the Interior; and declaring that per-capita payments to be made direct to individuals shall not be liable to the payment of any previously contracted obligation.

Tenth. Directing the enrollment of the freedmen of the Chickasaw Nation and the allotment of lands to them, subject to the determination of their rights under the treaty of 1866 (14 Stats., 769), in a manner to be provided hereafter by Congress.

Eleventh. Declaring all grazing leases made prior to January 1, 1898, to be terminated on April 1, 1899, and all farming leases made prior to January 1, 1898, to be terminated on January 1, 1900, and all leases made subsequently to January 1, 1898, to be void and null.

Twelfth. Authorizing the segregation of 157,600 acres of lands in the Cherokee Nation for the Delawares, subject to the adjudication, by the Court of Claims and the Supreme Court, of the rights of the Delawares in a suit to be brought by them, and giving those courts jurisdiction to try such suit.

Thirteenth. Prohibiting the enforcement of the laws of the various tribes by the United States courts in the Indian Territory.

Fourteenth. Authorizing the permanent location of an Indian inspector in the Indian Territory, who may, under the authority and direction of the Secretary, perform any duties required by law of the Secretary of the Interior relating to affairs therein.

Fifteenth. The abolition of all tribal courts in the Territory, and prohibition of all officers of said courts, after July 1, 1898, from performing any act theretofore authorized by any law in connection with those courts, and from receiving any pay for same, and directing the transfer of all civil and criminal causes then pending in the tribal courts to the proper United States court in the Territory. By a proviso this provision as to courts is suspended as to the Choctaw, Chickasaw, and Creek nations until October 1, 1898, and by reason of action taken by the Choctaw and Chickasaw tribes, under other provisions of the act (mentioned below more specifically), the clause of the act abolishing tribal courts will not go into effect as to the Choctaw and Chickasaw courts.

Sixteenth. The remainder of the act is devoted to the ratification, with amendments, of the agreement between the Dawes Commission and the Choctaw and Chickasaw nations, dated April 23, 1897, and of the agreement between that commission and the Creek Nation, dated September 27, 1897.

These agreements were ratified in the Curtis Act, with amendments, and are to go into effect if ratified before December 1, 1898, by a vote of the members of the nations, to be had at the next general election called for the purpose, with the proviso that on the ratification of those agreements the general provisions of the act shall apply to those nations only where the same do not conflict with their agreements.

By a vote of the citizens of the Choctaw and Chickasaw nations at a special election held on August 24, 1898, the Choctaw and Chickasaw agreement, as amended, was ratified, and August 30, 1898, its ratification was proclaimed as follows by the board appointed in accordance with the Curtis Act to canvass and count the vote:

A PROCLAMATION.

Whereas, by section 32 of an act of Congress, entitled "An act for the protection of the people of the Indian Territory, and for other purposes," approved June 28, 1898, it is provided “That the agreement made by the commission to the Five Civilized Tribes with commissions representing the Choctaw and Chickasaw tribes of Indians on the 23d day of April, 1897, as herein amended, is hereby ratified and confirmed, and the same shall be of full force and effect if ratified before the 1st day of December, 1898, by a majority of the whole number of votes cast by members of said tribes at an election held for that purpose." And further, "That the votes cast in both of said tribes or nations shall be forthwith returned, duly certified by the precinct officers, to the national secretaries of said tribes or nations, and shall be presented by said national secretaries to a board of commissioners consisting of the principal chief and national secretary of the Choctaw Nation, the governor and national secretary of the Chickasaw Nation, and a member of the commission to the Five Civilized Tribes, to be designated by the chairman of said commission, and said

For agreement see page Co.

board shall meet without delay at Atoka, in the Indian Territory, and canvass and count said votes, and make proclamation of the result;" and

Whereas, on the 24th day of August, 1898, such an election was held within said tribes, in compliance with the laws of said tribes and said act of Congress; and such commission, composed of Green McCurtain, principal chief of the Choctaw Nation, and S. J. Homer, national secretary of said nation; and R. M. Harris, governor of the Chickasaw Nation, and L. C. Burris, national secretary of said nation; and T. B. Needles, member of the commission to the Five Civilized Tribes, assembled at Atoka on the 30th day of August, 1898, and then and there proceeded to canvass and count the votes cast at said election, as required by law; and said commission hereby proclaim that there were cast for said agreement 2,164 votes, and against said agreement 1,366, there being a majority of 798 votes for said agreement.

Now, therefore, by virtue of the authority in us vested by said law, we do hereby proclaim said agreement duly ratified by the members of said tribes in accordance with the terms and provisions of said act of Congress.

GREEN MCCURTAIN,

Principal Chief of Choctaw Nation.
SOLOMON J. HOMER,

National Secretary Choctaw Nation.
R. M. HARRIS,

Governor Chickasaw Nation.

L. C. BURRIS,

National Secretary Chickasaw Nation.

T. B. NEEDLES,

Commissioner to the Five Tribes.

Done at Atoka, Ind. T., this 30th day of August, A. D. 1898.

This office is not informed that any special election has been called by the executive of the Creek Nation to vote on the ratification of the Creek agreement as amended, and has no knowledge as to what steps, if any, have been taken with a view to obtaining a vote of the Creek citizens on that question.

The agreement with the Choctaw and Chickasaw nations as amended and ratified deals with all the subjects affected by the Curtis Act and makes provision for the settlement of the affairs and interests of the nations in a manner but little differing from the act. The most important differences between the act and agreement are:

First. By the agreement all lands susceptible of allotment are to be appraised and graded, before being allotted, according to values rather than areas. The act makes no provision for appraisal and grading.

Second. Patents are to be issued to the allottees by the principal chief of the Choctaw Nation and the governor of the Chickasaw Nation jointly. Under the act the Secretary of the Interior shall "confirm" the allotments.

Third. Allottees are given the right to alienate certain portions of their allotments after one, three, and five years. Under the act allotments are to be inalienable.

Fourth. Arrangements for the survey, appraisal, and sale of town lots differ only in providing in the agreement for one commission for each nation instead of one for each city or town.

Fifth. In the agreement the coal and asphalt within the limits of the Choctaw and Chickasaw nations are to be leased by two trustees to be

appointed by the President, one on the nomination of the principal chief of the Choctaw Nation and one on the nomination of the governor of the Chickasaw Nation. These leases are to be for thirty years instead of fifteen, as provided by the act. All leases heretofore made by the national agents of the Choctaw and Chickasaw nations are confirmed and all leases with individuals are annulled.

Sixth. The tribal governments of the Choctaw and Chickasaw nations are continued in existence in a modified form for the period of eight years from March 4, 1898.

The agreement with the Creek Nation, which, as stated above, has not yet been ratified, makes substantially the same provision as to allotments, title, town sites, etc., within the Creek Nation as the agreement with the Choctaw and Chickasaw nations.

No regulations have as yet been prescribed under the Curtis act, but a draft of regulations to govern leasing of minerals under section 13 was prepared in this office under informal instructions from the Department and was informally submitted for Department consideration. Neither have regulations under the Choctaw and Chickasaw agreements been prescribed. As Congress did not, before adjournment, provide any appropriation to meet the expense of the execution of the act or of the agreement when ratified, and as the execution of either would entail some considerable expenditures, it is doubtful whether anything can be safely done to that end further than to prepare for prompt action when Congress shall provide the means for the purpose.

While no general regulations have been prescribed, arrangements have been made by the Department for the execution of the provisions of the act requiring immediate attention, viz, those relating to collection of and accounting for the revenues of the tribes. July 21, 1898, the office was instructed by the Department, as a provisional arrangement, that all rents and royalties arising upon such contracts, leases, permits, etc., as were in force at the time of the passage of the act would, until otherwise provided, be collected by the Indian Agent for the Five Tribes on the basis of such contracts, leases, etc., and the proceeds paid into the Treasury of the United States to the credit of the respective tribes, in compliance with the provisions of the act. Agent Wisdom, of the Union Indian Agency, was given directions, July 23, 1898, to carry out this provisional regulation of the Department, and a copy thereof was furnished to each of the executives of the Five Tribes. July 26, 1898, the Department explained that said provisional regulation was intended to cover also any import taxes, per capita assessments, or other charges upon cattle imposed by the laws of the respective tribes, and instructions to that effect were given Agent Wisdom by telegraph July 28, 1898.

By an act approved July 1, 1898, Congress ratified the agreement entered into on December 16, 1897, between the Dawes Commission and the Seminole Nation, which agreement had been previously ratified by that nation. This agreement, which will be found on page 00 of this