Indians, concluded at Point Elliott, January 22, 1855 (Stats. at Large, vol. 12, p. 928), shall be as follows, to wit: Beginning at low-water mark on the north shore of Steam-boat Slough at a point where the section line between sections 32 and 33 of township 30 north, range 5 east, intersects the same; thence north on the line between sections 32 and 33, 28 and 29, 20 and 21, 16 and 17, 8 and 9, and 4 and 5, to the township line between townships 30 and 31; thence west on said township line to low-water mark on the shore of Port Susan; thence southeasterly with the line of low-water mark along said shore and the shores of Tulalip Bay and Port Gardner, with all the meanders thereof, and across the mouth of Ebey's Slough to the place of beginning. U. S. GRANT. Yakima Reserve. [Area, 917 square miles; occupied by Klikitat, Paloos, Topnish, Wasco, and Yakima; treaty June 9, 1855, act August 15, 1894 (28 Stat., 320).] DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, November 21, 1892. SIR: On the 19th of July last, Jay Lynch, agent for the Yakama Indians, called attention to the tenth article of the treaty of June 9, 1855 (12 Stats., p. 954), which provides— That there is also reserved and set apart from the lands ceded by this treaty for the use and benefit of the aforesaid confederated tribes and bands, a tract of land not exceeding in quantity one township of 6 miles square, situated at the forks of the Pisquouse, or Wenatshapam River, and known as the "Wenatshapam fishery,” which said reservation shall be surveyed and marked out whenever the President may direct, and be subject to the same provisions and restrictions as other Indian reservations and asked whether or not said tract of land had ever been surveyed and definitely located and marked out as therein provided. The records of this office failed to disclose any information of such a survey or even the location of said tract, and from inquiry made of the Yakama Indians through Agent Lynch, respecting its status, it was evident that they had no knowledge of any action ever having been taken to definitely locate the said tract. Report was therefore made to the Department on the 27th of August last of the facts herein stated, and a request was made that authority be given Agent Lynch to visit the locality of said "fishery," supposed to be some 75 to 100 miles distant from the agency, and to locate said tract of land by metes and bounds or by natural objects, taking care not to interfere with the vested rights of any settlers or other parties that might be located thereon. This authority and request being granted on the 29th of August. Agent Lynch was instructed on the 8th of September to visit said fishery, reserved and set apart by said treaty for the use of said Indians, and to fix and determine, as best he could, the boundaries of said tract of land by metes and bounds or by natural objects, that it might be surveyed and marked out, under directions of the President, as the treaty stipulated, and to submit an estimate of the probable cost to have such tract of land as he might designate properly marked out and surveyed. Agent Lynch was furnished the latest edition of the map of Washington issued by the General Land Office for his guidance in determining the location. On the 24th of October last he submitted his report under said instructions, giving a description of the tract and of its proposed boundaries, with a plat thereof, and a letter from the surveyor-general of Washington, who stated the rates of survey in that State, which are herewith submitted. In this report he estimated the distance from the agency to the fishery to be 150 miles by the nearest route, and that Lake Wenatchee, as now called, was 50 miles from the mouth of the Wenatchee River, and that the lake was really only "a widening out" of the river for the space of two or three miles in the valley, which was surrounded by mountains. He reported that there are two large creeks flowing into the river just below the lake, which he was of the opinion were forks of the river referred to in the treaty and known as the "fishery," although the map sent represented the "forks of the river" as above the lake, which he states is incorrect. The tract recommended by the agent as the land to be set apart, is, I think, substantially the reservation provided for in the treaty, and is heavily timbered and in a mountain district and not agricultural in any sense of the word. This tract is only valuable, he states, for its timber and fishery privileges, and includes the lower end of the lake and both sides of the river for a distance of 10 miles below the lake, with the river as near the center thereof as practicable to make it so, and is described (the description given by the agent being somewhat different) as follows: Commencing at a point on the right bank or west shore of Lake Wenatchee, 11⁄2 miles by the shore lines from the right bank of the river Wenatchee, where it leaves (not enters) the lake, thence in a southwesterly direction to a point 14 miles due southwest from the mouth of the river, thence southeastwardly, parallel to the general course of the river, 10 miles, thence in a northeasterly direction, and across said river 3 miles, thence in a northwesterly direction, parallel to the general course of the river to the lake, ther ce in a direct line across the lake to the place of beginning, provided the area does not exceed the quantity of 6 miles square, limited by the treaty. Inasmuch as this provision of the treaty has remained unfulfilled over thirty-three years since the proclamation of the treaty, April 18, 1859, and the country is being rapidly settled and the Great Northern Railroad is extending its system in that direction, I have the honor to recommend that the matter be laid before the President for direction to have the survey of the tract of land reserved and set apart by the tenth article of the Yakima treaty of June 9, 1855, made and marked out at the earliest practicable period, and that the Commissioner of the General Land Office be directed to instruct the surveyor-general of Washington to make said survey under the supervision of the Indian agent in accordance with the suggestions herein contained, and the expenses thereof be paid out of the appropriation for "survey of Indian reservations for 1893." The surveyor-general, in his letter to Agent Lynch, gives the rate for standard and meander lines not exceeding $9 per mile; but for the survey of lands heavily timbered, mountainous, or covered with dense undergrowth there may be allowed, with the approval of the Secretary of the Interior, a rate not exceeding $25 per linear mile. The agent in submitting his estimate fixes the rate at $18 and the distance 30 miles, making the estimate of the cost in the aggregate $540. I therefore recommend that in directing the surveyor-general to make the survey that the expense be limited to the sum of $540, or so much thereof as may be necessary. It is not intended that the description herein given shall be followed strictly in making the survey, but that it should be considered in connection with the language of the treaty. The surveyor-general should be allowed, if necessary, to make such divergence from the outboundaries herein described as, in his judgment, the topography of the land may demand, provided that the lines surveyed and marked out when completed should embrace the whole of the land contemplated to be set apart by the treaty, and approximately near the area named therein. Very respectfully, your obedient servant, T. J. MORGAN, Hon. SECRETARY OF THE INTERIOR. The PRESIDENT: DEPARTMENT OF THE INTERIOR, The treaty of June 9, 1855 (12 Stats., 954), provides for a reservation of a tract of land not exceeding in quantity one township of 6 miles square for the Yakima Indians in the then Territory of Washington, to be known as the "Wenatshapam fishery," which "said reservation shall be surveyed and marked out whenever the President may direct, and be subject to the same provisions and restrictions as other Indian reservations." The attention of the Indian Office was called to this provision in July last by the Yakima agent, and he was directed by the Commis sioner to visit the locality of the said "fishery," and to locate said tract by metes and bounds, taking care not to interfere with the vested rights of any settlers or other parties that might be located thereon. On October 24 he submitted his report herewith, in which he gives a description of the lands to be surveyed and marked, and states that said lands are heavily timbered and in a mountain district, and only valuable for the timber and fishery privileges. The Commissioner of Indian Affairs states that this country is being rapidly settled, and the Great Northern Railroad is extending its system in that direction, and recommends said lands be surveyed for the purpose named in said treaty. Concurring in the recommendation of the Commissioner, I have the honor to request that the Commissioner of the General Land Office be authorized to instruct the surveyor-general of Washington to make said survey under the supervision of the Yakima agent, and in accordance with his suggestions, allowing him, however, to make such divergence from the outboundaries described in the Commissioner's letter as in his judgment the topography of the land may demand, provided that the lines surveyed and marked out, when completed. shall embrace the whole of the land contemplated to be set apart by the treaty and approximately near the area named therein, and that your authority be indorsed hereon. I have the honor to be, very respectfully, your obedient servant, Office of Indian Affairs, October 26, 1857. 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 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, A. M. FITCH, Esq., Indian Agent, Detroit, Mich. J. W. DENVER, Commissioner. 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 followingdescribed 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 instructions 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, Hon. W. J. CULLEN, OFFICE OF THE NORTHERN SUPERINTENDENCY, 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, Hon. A. B. GREENWOOD, W. J. CULLEN, Superintendent of Indian Affairs. Commissioner of Indian Affairs, Washington, D. C. (Selections reported to General Land Office September 17, 1859.) Lac Court Oreilles Reserve. WASHINGTON, D. C., February 17, 1873. 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. S. Doc. 452, pt 1-59 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, Hon. H. R. CLUM, S. N. CLARK, United States Indian Agent. Acting Commissioner of Indian Affairs, Washington, D. C. DEPARTMENT OF THE INTERIOR, Office of Indian Affairs, February 24, 1873. 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: |