EXECUTIVE MANSION, January 9, 1873. 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. U. S. GRANT.

EXECUTIVE MANSION, October 3, 1873. 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.

U. S. GRANT.

EXECUTIVE MANSION, August 3, 1878. 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.

R. B. HAYES.

Yuma Reserve.

[In the Mission Tule Agency; occupied by Yuma-Apache tribe: area, 741 square miles; established by Executive order and act of August 15, 1894 (28 Stat., 352).]

EXECUTIVE MANSION, July 6, 1883.

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,

See ante, p. 542.

thence down the channel of said river to the place of beginning, he, 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, hourever, 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. CHESTER A. ARTHUR.

EXECUTIVE MANSION, January 9, 1884.

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.

CHESTER A. ARTHUR.

COLORADO.

Cheyenne and Arapaho Reserve.

(For other orders relating to reserve for Cheyenne and Arapaho. see Indian Territory, post page 839.)

DEPARTMENT OF THE INTERIOR,

Office of Indian Affairs, January 14, 1868. SIR: I have the honor to acknowledge the receipt by reference from you on the 20th ultimo of a letter addressed to you by General John B. Sanborn, dated the 17th ultimo, requesting that patents may issue for selections described in this letter, to the half-breeds entitled under the fifth article of the Cheyenne and Arapaho treaty of 1865 (see pamphlet

laws, second session Thirty-ninth Congress, Treaties, page 143), and upon which you direct a report of the views of this office. In reference to the same I would respectfully say that I doubt the practicability of having patents issued in the absence of the surveys.

Vol. 2, p. 679.

It is provided in said fifth article of the treaty of 1865 that such lands shall be selected from the reservation established by the first article of the Arapaho and Cheyenne treaty of February 18, 1861 (see Vol. 2, p. 614. Statutes at Large, vol. 12, page 1163). In view, therefore, of the fact that many of the half-breeds entitled to selections under said treaty are settled and have made valuable improvements upon the lands they desire to have patented to them, and as there may be delay in the appropriation for the survey of the selections, during which time the railway company * * may procure legislation granting them lands in the reserve from which the half-breed selections are provided by treaty to be made, I respectfully recommend that the President be requested to direct that this reserve be withdrawn from sale until these selections are made.

*

Very respectfully, your obedient servant,

Hon. O. H. BROWNING,

C. E. MIX, Acting Commissioner.

Secretary of the Interior.

DEPARTMENT OF THE INTERIOR, January 16, 1868. SIR: I have the honor to submit herewith a communication from the Acting Commissioner of Indian Affairs, of the 14th instant, and accompanying paper, in relation to the selections of lands for half-breeds of the Cheyenne and Arapaho Indian tribes, under the fifth article of the treaty of October 14, 1865, with said tribes; and recommend that the Indian reservation therein referred to be withdrawn from sale until the selections are made as recommended.

Very respectfully, your obedient servant,

To the PRESIDENT.

[Indorsement.]

O. H. BROWNING, Secretary.

WASHINGTON, D. C., January 16, 1868.

Let the reservation within referred to be withdrawn from sale, as recommended by the Secretary of the Interior.

ANDREW JOHNSON.

DEPARTMENT OF THE INTERIOR, November 17, 1870. SIR: This Department has been informed by the Acting Commissioner of Indian Affairs, under date of the 16th instant, that patents for the selections of land for half-breeds under the fifth article of the treaty of 14th October, 1865, with the Cheyenne and Arapahoe Indians, have been issued, and that the object for which the withdrawal from sale of the reservation for said Indians was made, by order of the President, has been accomplished. You will take appropriate action with a view to restoring said reservation to market.

Very respectfully, your obedient servant,

W. T. OTTO, Acting Secretary. The COMMISSIONER OF THE GENERAL LAND OFFICE.

S. Doc. 452, pt 1-53

Vol. 2, p. 765.

Ute Reserve.

[In Southern Ute Agency; occupied by Capote, Moache, and Wiminuche Ute tribes: established by treaties of October 7, 1863, and March 2, 1868; acts of April 29, 1874 (18 Stat., 36), June 15, 1880 (21 Stat., 199), July 28, 1882 (22 Stat., 178), May 14, 1884 (23 Stat., 22), August 15, 1894 (28 Stat., 337), and February 20, 1895 (28 Stat., 677); has been allotted in severalty and balance opened to settlement by proclamation April 13, 1899.]

EXECUTIVE MANSION, November 22, 1875.

It is hereby ordered that the tract of country in the Territory of Colorado lying within the following-described boundaries, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868 (Stats. at Large, vol. 15, p. 619); thence running north on the 107th degree of longitude to the first standard parallel north; thence west on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, be, and the same hereby is, withdrawn from sale and set apart for the use of the several tribes of Ute Indians, as an addition to the present reservation in said Territory.

U. S. GRANT.

EXECUTIVE MANSION, August 17, 1876. It is hereby ordered that all that portion of country in the State of Colorado lying within the following-described boundaries, and forming a part of the Uncompahgre Park, viz: Commencing at the fiftythird mile-post on the north line of the survey of the boundaries of the Ute cession, executed by James W. Miller in 1875; thence south 4 miles; thence east 4 miles; thence north 4 miles, to the said north line; thence west to the place of beginning, be, and the same hereby is, withdrawn from the public domain and set apart as a part of the Ute Indian Reservation, in accordance with the first article of an agreement made with said Indians and ratified by Congress April 29, 1874 (Stats. at Large, vol. 18, p. 36).

U. S. GRANT.

EXECUTIVE MANSION, February 7, 1879. It is hereby ordered that the following-described tract of country in the State of Colorado, to wit: Commencing at the intersection of the 37th parallel of north latitude with the 107th degree of west longitude; thence east along said parallel to the ridge described in Hayden's Geographical and Geological Survey of said State as the "National Divide" of the San Juan Mountains; thence following said divide in a general northerly and northwesterly direction to longitude 107 degrees and 23 minutes west; thence due south to latitude 37 degrees and 17 minutes north; thence due east to the 107th meridian of west longitude; thence south with said meridian to the place of beginning, be, and the same is hereby, withdrawn from sale and settlement and set apart as a reservation for the Muache, Capote, and Weeminuchee bands of Ute Indians.

R. B. HAYES.

EXECUTIVE MANSION, August 4, 1882.

It is hereby ordered that the following-described tract of country in Colorado, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868 (Stats. at Large, vol. 15, p. 619); thence running north on the 107th degree of longitude to the first standard parallel north; thence west

on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, withdrawn from sale and set apart for the use of the several tribes of the Ute Indians by Executive order dated November 22, 1875, be, and the same hereby is, restored to the public domain.

It is hereby further ordered that the following-described tract of country in Colorado, viz: Commencing at the intersection of the 37th parallel of north latitude with the 107th degree of west longitude; thence east along said parallel to the ridge described in Hayden's Geographical and Geological Survey of said State as the "National Divide" of the San Juan Mountains; thence following said divide in a general northerly and northwesterly direction to longitude 107 degrees and 23 minutes west; thence due south to latitude 37 degrees and 17 minutes north; thence due east to the 107th meridian of west longitude; thence south with said meridian to the place of beginning, withdrawn from sale and settlement and set apart as a reservation for the Muache, Capote, and Weeminuchee bands of Ute Indians by Executive order dated February 7, 1879, be, and the same is hereby, restored to the public domain.

CHESTER A. ARTHUR.

IDAHO.

Coeur d'Alène Reserve.

[In Colville Agency; occupied by Cœur d'Alène, Kutenai, Pend d'Oreille, and Spokane tribes: area, 632 square miles; established by Executive orders and acts of March 3, 1891 (26 Stat., 1027) and August 15, 1894 (28 Stat., 322).]

DEPARTMENT OF THE INTERIOR,

Office of Indian Affairs, May 23, 1867.

SIR: Under date October 1, 1866, Governor Ballard, of Idaho, was instructed to select and report to this office reservations for the use of the Boisé and Bruneau bands of Shoshones, in the southern part, and for the Cœur d' Alènes and other Indians, in the northern part of that Territory. These instructions were based upon statements contained in the annual report of Governor Ballard, printed at pages 191 and 192 of the annual report of this office for 1866. There are no treaties existing with either of the tribes or bands named, nor, so far as the Shoshones are concerned, have they any such complete tribal organization as would justify treaties with them, even if such arrangements were practicable under the force of recent legislation by Congress. The northern tribes have a better organization, but advices from the Executive indicate that while a necessity exists for some arrangement under which the Indians of all the bands referred to should have some fixed home set apart for them before the lands are all occupied by the whites, who are rapidly prospecting the country, such arrangements can now be made by the direct action of the Department.

I herewith transmit two reports of Governor Ballard, describing tracts proposed to be set apart for these Indians. So far as the one intended for the Shoshones is concerned, its location as a permanent home for those bands is dependent upon the consent of Washakee's band, commonly known and heretofore treated with as the eastern bands Shoshones; but there is no doubt of their ready acquiescence in the arrangement. The land referred to is within the limits acknowledged as their hunting range by the treaty of 1863. Believing that the interest of the Government, as well as that of the Indians requires that such action should be taken, I recommend that the President be