2d Session. No. 1030. TREATY ITEMS, INDIAN APPROPRIATION BILL. LETTER FROM THE ASSISTANT COMMISSIONER OF INDIAN AFFAIRS SUBMITTING INFORMATION RELATIVE TO EXISTING TREATIES BETWEEN VARIOUS INDIAN TRIBES AND THE UNITED STATES. JUNE 11, 1914.-Ordered to be printed. DEPARTMENT OF THE INTERIOR, MY DEAR MR. STEPHENS: In response to your letter of May 27, requesting certain information for the use of your committee regarding the various treaties between the United States and Indian tribes, I have the honor to invite your attention to office letter dated August 25, 1913, covering the subjects stated in your letter. As the treaty items in the pending bill are practically the same as those contained in the 1914 Indian act, I am inclosing two copies of the report of August 25, 1913, referred to, and trust that the information contained therein will serve the present needs of the committee. Very truly, yours, Hon. JOHN H. STEPHENS, Chairman Committee on Indian Affairs, E. B. MERITT, Assistant Commissioner. House of Representatives. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Hon. JOHN H. STEPHENS, Chairman Committee on Indian Affairs, House of Representatives. MY DEAR MR. STEPHENS: In further compliance with your favor of July 7 requesting information for the use of your committee as to the date of each treaty on which an appropriation is based in the Indian appropriation act, whether the treaty has expired or is still in force and how long said treaty is to remain in force and effect, I have the honor to transmit herewith a copy of the Indian appropriation act approved June 30, 1913, in which the treaty items are numbered in the order in which they appear in the act. They are considered in this letter in their regular order, as follows: 1. The appropriation of $100,000 appearing on page 10 of the Indian appropriation act for the purpose of providing school facilities for the children of the Navajo Tribe of Indians is based on the sixth article of the treaty of June 1, 1868 (15 Stat. L., 667), ratified July 25, 1868, and proclaimed August 12, 1868. Article 6 of this treaty reads as follows: In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as may be settled on said agricultural parts of this reservation, and they therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that, for every thirty children between said ages who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians, and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than ten years. Subsequent to the date of this treaty, Congress for a number of years provided limited appropriations in pursuance of article 6 of said treaty. The inadequacy of these appropriations is apparent in the following item found in the Indian appropriation act of May 11, 1880 (21 Stat. L., 114, 121): For last of ten installments, for pay of two teachers, per sixth article of treaty of June first, eighteen hundred and sixty-eight, two thousand dollars. According to the best obtainable information, there are approximately 7,000 reservation and nonreservation Navajo Indian children of school age, and of this number about 1,750 are in reservation, nonreservation, and mission schools, leaving between 4,000 and 5,000 Navajo Indian children without school facilities. It is believed that the Government is under moral obligations to provide adequate school facilities for the Navajo Indian children. These Indians have been greatly neglected, and a large majority of the children are growing up in ignorance, and unless the Government does its part in preparing them for the duties of citizenship they will eventually become a burden to the citizens of the States in which they reside. Notwithstanding that the Congress has heretofore made limited appropriations in pursuance of the provisions of article 6 of the treaty of June 1, 1868, supra, I am of the opinion that a specific appropriation with which to provide adequate school facilities for the children of the Navajo Tribe of Indians should be continued for a number of years. 2. The next treaty item in the Indian act is found on page 11 and reads as follows: For fulfilling treaty stipulations with the Bannocks in Idaho: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of July third, eighteen hundred and sixty-eight), $5,000. Article 10 of the treaty of July 3, 1868 (15 Stat. L., 673), reads: The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmith, as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons. It will be seen that there is no limitation on this treaty provision, and that the appropriation is continued for such time as the Congress may deem proper. 3. The next treaty item reads: For the Coeur d'Alenes in Idaho: For pay of blacksmith, carpenter, and physician, and purchase of medicines (article eleven, agreement ratified March third, eighteen hundred and ninety-one), $3,000. The agreement with the Coeur d'Alenes was ratified by the act of Congress of March 3, 1891 (26 Stat. L., 989-1029), and article 11 is as follows: It is further agreed that in addition to the amount heretofore provided for the benefit of said Coeur d'Alene Indians the United States, at its own expense, will furnish and employ for the benefit of said Indians on said reservation a competent physician, medicines, a blacksmith, and carpenter. This article of the treaty is without limitation as to time, and the appropriation is continued in the discretion of the Congress. 4. The next treaty item appears on page 12 of the Indian appropriation act, and reads as follows: For fulfilling treaties with the Sacs and Foxes of the Missouri: For support of a school (article five, treaty of March sixth, eighteen hundred and sixty-one), $200. The fifth article of the treaty of March 6, 1861, ratified February 6, 1863, with the Sacs and Foxes of Missouri and Iowa, reads in part as follows (12 Stat. L., 1172): In order to encourage education among the aforesaid tribes of Indians, it is hereby agreed that the United States shall expend the sum of one thousand dollars for the erection of a suitable schoolhouse and dwelling house for the school-teacher, for the benefit of the Sacs and Foxes, and also the additional sum of two hundred dollars per annum for school purposes, so long as the President of the United States may deem advisable. It would appear that this treaty appropriation should be continued "so long as the President of the United States may deem advisable." 5. The next treaty item in the act reads: For support of a school or schools for the Chippewas of the Mississippi in Minnesota (article three, treaty of March nineteenth, eighteen hundred and sixty-seven), $4,000. Article 3 of the treaty of March 19, 1867, with the Chippewas of the Mississippi, ratified March 8, 1867 (16 Stat. L., 719-720), is in part as follows: In further consideration for the lands herein ceded, estimated t contain about two millions of acres, the United States agree to pay the following sums, to wit: Five thousand dollars for the erection of school buildings upon the reservation provided for in the second article; four thousand dollars each year for ten years, and as long as the President may deem necessary after the ratification of this treaty, for the support of a school or schools upon said reservation. * * * It would appear from the language used in the treaty that this appropriation should be continued as long as the President may deem necessary" after the ratification of the treaty. 6. The next treaty item is found on page 15 of the Indian appropriation act and reads as follows: For fulfilling treaties with Crow, Montana: For pay of physician, $1,200; and for pay of carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of May seventh, eighteen hundred and sixty-eight), $3,600; for pay of second blacksmith (article eight, same treaty), $1,200; in all, $6,000. The treaty of May 7, 1868, with the Crow Indians was ratified July 25, 1868 (15 Stat. L., 649). Article 10 of said treaty reads: The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons. Article 8 of the treaty mentioned provides, inter alia, that— such persons as commence farming shall receive instructions from the farmer herein provided for; and whenever more than one hundred persons shall enter upon the cultivation of the soil a second blacksmith shall be provided, with such iron, steel, and other material as may be required. There does not appear to be any limitation as to time the provisions of articles 8 and 10 of the treaty of May 7, 1868, are to continue in force. 7. The next treaty provision found in the act reads as follows: For subsistence and civilization of the Northern Cheyennes and Arapahos (agreement with the Sioux Indians, approved February twenty-eighth, eighteen hundred and seventy-seven), including subsistence and civilization of the Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Montana, and for pay of physician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and engineer (article seven, treaty of May tenth, eighteen hundred and sixty-eight), $85,000. The agreement with the different bands of the Sioux Nation of Indians, and also with the Northern Cheyenne and Arapaho Indians. dated September 26, 1878, was ratified by the act of February 28, 1877 (19 Stat. L., 254). The treaty of May 10, 1868, with the Northern Cheyenne and Northern Arapaho Indians was ratified July 25, 1868 (15 Stat. L., 655). In the fifth article of the agreement of February 28, 1877, the United States agrees to provide all necessary aid to assist the Indians in the work of civilization and to furnish subsistence and certain specified rations. No amount is mentioned or specified period fixed. By article 7 of the treaty of May 10, 1868, supra, the United States agrees to furnish annually to the Indians who settled upon the reservation a physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as contemplated in said agreement, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons, and no limitations in time is found in article 7 of the treaty in question. 8-9. The treaty items for the benefit of the New York Indians are found on page 17 of the act, and read as follows For fulfilling treaties with Senecas of New York: For permanent annuity in lieu of interest on stock (act of February nineteenth, eighteen hundred and thirty-one), $6,000. For fulfilling treaties with Six Nations of New York: For permanent annuity, in clothing and other useful articles (article six, treaty of November eleventh, seventeen hundred and ninety-four), $4,500. Section 1 of the act of February 19, 1831 (4 Stat. L., 442), entitled "An act to provide hereafter for the payment of six thousand dollars annually to the Seneca Indians, and for other purposes," reads as follows: That the proceeds of the sum of one hundred thousand dollars, being the amount placed in the hands of the President of the United States, in trust, for the Seneca Tribe of Indians, situated in the State of New York, be hereafter passed to the credit of the Indian appropriation fund; and that the Secretary of War be authorized to receive and |