Department during the past spring, it was deemed prudent to call upon the War Department to place a military force sufficiently near them to meet any emergency that might arise. Troops were promptly stationed on the reservation, and reports show that their presence has had the effect to bring about a more pacific feeling among them. I made particular reference in my last annual report to the Southern Utes in Colorado, whose rugged, oblong, and very narrow reservation, any point of which can be reached in a few hours by trespassing stock of neighboring ranchmen, offered many embarrassments to their progress, and I then said that "it would be far better to locate them in the Indian Territory, or, if that cannot be done, to place them with their kindred in Utah Territory, where there is abundant good land now in state of reservation for them with other Indians." Later a delegation of them visited this city, accompanied by their agent, and represented it to be the desire of the bands that they be removed to land which they asked should be set apart for them in the southeastern part of Utah. The matter was under consideration by Congress at its last session, and a bill was passed by the Senate, but did not receive final action in the House. With no new or better light on the subject, I had concluded to renew my recommendation for the removal of these Indians, but while engaged in the preparation of this report a letter was received from the Commissioner of Indian Affairs, then at that agency, and also a recent report from one of the Indian inspectors, from which it appears that the Indians are about equally divided on the question of their removal; one-half being bitterly opposed to it, and desiring to remain where they are and to take lands in severalty; the other half still favoring the removal to Southeastern Utah. The inspector reports results of farming operations which indicate some progress among them during the past year, and he also states that the removal of the hostile Apaches to Florida has had a very good and quieting effect upon these Indians. With this information now before me, I deem it unadvisable that any. action should be taken for the removal of these Indians from their reservation. On the other hand, I think that the present time, with the more favorable conditions reported, presents an opportunity, which should be seized upon, for locating as many of them as possible upon individual allotments, and measures looking thereto have been initiated. HOSTILE APACHES. The Chiricahua Apaches who in May, 1885, left the San Carlos Reservation, in Arizona, under the leadership of Geronimo, committing horrible cruelties and depredations upon the people of Arizona, New Mexico, and also of Mexico, continued on the war-path throughout the past fiscal year. They kept no small portion of our territory in a state of alarm and dread, retarding its development. The theater of their H. Ex. 1, pt. 5—2 movements was largely confined to the mountains of Mexico, where they were hotly and vigorously pursued by the United States troops. In my last annual report I urged that the "less guilty of the rebellioùs Chiricahuas should be removed during the coming winter to some place where they can be more securely guarded." Those of that band remaining upon the reservation, while not actively engaged with Geronimo, were suspected of furnishing aid and comfort to those who under his lead were committing depredations and deeds of violence and bloodshed. Attention was called to the fact that an existing law (20 Stat., 313) forbids the removal of any Indians from New Mexico or Arizona to the Indian Territory. Congress took no action in the matter. The winter passed and the opening of spring found that section of the country still in a state of excitement from fear of the hostiles who were yet at large. marking their pathway with the blood of many victims. On March 29, 1886, the main portion of these hostiles appear to have surrendered to General Crook, but on the same night about thirty-five broke away again. Seventy-seven of them, counting men, women and children, were, however, securely held, and these were sent, in April last, to Fort Marion, Florida, for safe-keeping. Later, in July, the military authorities became convinced that the re moval of those Chiricahua and Warm Springs bands of Apaches remaining on the reservation to some other place where they could be more securely guarded, was desirable if not necessary to bring about the surrender or capture of Geronimo and his followers. Fort Marion, Florida, was reported to be the best place for the purpose, and thither they were removed in September last, under directions of the War Department. While arrangements for this movement were in progress, General Miles, the military commander who had succeeded General Crook, finally secured the surrender of the remnaut of the hostile band as prisoners of war, thirty-four, including Geronimo and Natchez, the hereditary chief, on the 4th of September last, and eleven, including Mangus, on October 19, 1886. It was determined by the President, after a full consideration of all the facts when known attending the surrender of those engaged in active hostilities, to send the adult males, eighteen in number, to Fort Pickens, Florida, there to be kept in close custody until further orders. The captured women and children were sent to Fort Marion, making the total number of four hundred and seventy sent to the last named place. Under arrangements made by this Department twenty-nine boys and eight girls, between the ages of twelve and twenty-two years, have been transferred to the Industrial Training School at Carlisle, Pa., under the management of Capt. R. H. Pratt, and measures are in progress for affording school facilities for the remainder of the children of school age. THE FIVE CIVILIZED TRIBES. The Commissioner discusses at considerable length the condition of the five civilized tribes of the Indian Territory; the Cherokees, Choctaws, Chickasaws, Creeks, and Seminoles, and sets forth the evil ef fects flowing from the holding of their land in common contrary to the general policy which is being pursued by the Government with other Indians. If these tribes can be induced to consent to such modification of their treaties and to reform their own laws, adopting the tenure of land prevailing in the States, and thus bring themselves more in har mony with the institutions of our country, their example would have great influence and would materially aid in the civilization of the whole Indian population. It is shown by the agent's report that there is within the limits of the territory owned and occupied by the five civilized tribes a population aggregating 100,500 souls, composed of 64,000 native Indians, adopted whites, freedmen, &c., and 36,500 white people who are there as licensed traders, railroad men, laborers, claimants to Indian citizenship, cattlemen, intruders, thieves, loafers, gamblers, &c. Over this vast popula tion, with the great property interests in which these people are or may be interested or involved inside or outside of the Territory, with several railroads already in operation, and others in course of construction through their country, there is no judicial tribunal having jurisdiction over questions involving the rights of property and other civil matters of dispute between an Indian and a white man, or in which both parties are white men, or persons having no recognized title to Indian citi zenship. Though crimes committed by such parties may be tried in certain United States courts for designated districts in Arkansas, Kansas, and Texas, yet many flagrant violations of law and order go un punished because of the expense and difficulties of attendance upon those courts. These tribes are communities of considerable intelligence; their existing governments are as well administered as could be expected in view of the anomalous positions they occupy; they have temples of justice, seminaries and high schools, and common schools scattered over their reservations; they have asylums for the orphans, the blind, the crippled, the insane, and the indigent. The Cherokees, Creeks, and Choctaws spend yearly about $200,000 for the education of their children, besides what is done among them by the various religious societies in that direction. It is certainly of the greatest importance, and no less for the interest of the Indians themselves than for the people of the adjoining States, that this vast area of country should have extended over it, as early as may be practicable, the universal laws of the land, and its large population and immense property interests be brought under the influence and operation of those laws as administered by the judicial establishment of our country, so that lawlessness may be punished and peace and good order preserved through and by the courts of justice, and not by the agency of the Executive Departments, aided by the military force of the Government. Existing treaties provide largely for such courts. (See 14 Stat., 759, 773, 789, 803.) The agent estimates that there are on the reservations of the five civilized tribes as many as five thousand persons who are there as claimants, asserting the right of membership or citizenship in the respective tribes. This matter has been a fruitful source of correspondence and discussion between the authorities of these tribes and this Department. The Indians, especially the Cherokees, have heretofore demanded the removal by the United States, in accordance with provisions of treaties of 1835 and 1866 (7 Stat., 478, and 14 Stat., 799), of many persons whose claims to tribal membership are denied by them and whom they hold as intruders. Under opinion of the Attorney-General of December 12, 1879, holding that The United States in executing such treaties are not bound to regard simply the Cherokee law and its construction by the council of the nation, but that any Department required to remove alleged intruders must determine for itself, under the general laws of the land, the existence and extent of the exigency upon which such requisition is founded the agent was instructed by the Indian Bureau on July 20, 1880, to investigate all cases presented to him by the Cherokee authorities for removal, wherein the parties named claimed citizenship, either by blood through the father or mother, or by virtue of adoption according to the laws and customs of the Cherokees, and, if satisfied that they have prima facie a just claim to citizenship, to permit such persons to remain in the Territory to await final action in their cases under such rules as may be adopted by the Department. Many persons whose claims were examined by the agent are now in that Territory under permits issued by him in accordance with those instructions. In view of the recent decision of the Supreme Court in the case of the Eastern Band of Cherokees, elsewhere referred to in this report, I directed that the agent be instructed to issue no further permits which would entitle claimants to a tribal membership to remain in the Cherokee country until their claims should be determined by this Department. It has been found to be a difficult question to deal with those already there holding such permits, many of whom have built homes, made extensive improvements and have gathered around them considerable property interests. If it can be so arranged with the consent of the Indians, or in such just manner as the wisdom of Congress may prescribe, that cases decided by the Indian tribunals may be appealed to the United States court for the Indian Territory when established, it would open the way to a speedy and just determination of these disputed cases, and relieve this Department as well as the Indian tribes of much embarrassment in dealing with such questions. By this means also the rights and claims which are asserted by the Cherokee freedmen, the Delawares and Shawnees incorporated among the Cherokees, but denied them by the Cherokees, might find a way to final and judicial determination. INCREASE OF SALARY FOR COMMISSIONER OF INDIAN AFFAIRS. The office of Commissioner of Indian Affairs, with the great responsibilities and the peculiar nature of the duties imposed upon it by law for "the management, under the direction of the Secretary of the Interior, of all Indian affairs, and of all matters arising out of Indian relations," is one of the most trying and difficult positions in the public service, requiring constant and exacting labors and unremitting care and watchfulness. The salary of $4,000 allowed by law is by no means commensurate with the requirements of the office, and I therefore recommend that it be increased to $5,000 per annum, thus making it to correspond with the salaries allowed for other bureau officers of this Department, which it at least equals in importance. 1886. Statement of expenditures for the Indian service during the fiscal year ended June 30, Balance remaining on hand June 30, 1885, of permanent funds appropriated in previous years for fulfillment of treaties and for miscellaneous objects, also of interest on trust funds, and proceeds of sales of Indian lands....... $1,450, 622 93 .... 5,673,826 81 Amount appropriated for the Indian service for the fiscal year ended 726,325 38 Total amount available... 7,850,775 12 Amount expended during the fiscal year ended June 30, 1886.... $5,809, 133 47 Estimated amount required to pay indebtedness incurred prior to June 30, 1886... 381, 618 35 6, 190, 751 82 Balance on hand June 30, 1886.... 1,660, 023 30 Of this balance the sum of, $1,337,768.21 represents an aggregate of permanent funds for fulfillment of treaties, &c., and available for current fiscal year; the remainder, $322,255.09, is subject to be carried to the surplus fund as required by law. |