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No. 705.
In relation to the Surveys of Indian Reservations in Kansas.

GENERAL LAND OFFICE,

November 16, 1854. Sir :- I have the honor to acknowledge the receipt of the communication from the Commissioner of Indian Affairs, dated 8th inst., referred by you to this Office, and to inform you that the Surveyor-General has been instructed in regard to the surveys of the particular cessions of lands in Kansas, respecting which the Department has manifested special interest.

After laying off the base line, the earliest surveying operations will be those preliminary to subdividing for market the bodies of country ceded by the Ioways, Delawares, and the united tribes of Peorias and Kaskaskias, Piankeshaws and Weas, stipulated to be sold for the benefit of those tribes. The next operation will be to establish the township and subdivisional corners, and to close the surveyed lines on the boundaries of the permanent reservations, which are laid down on Lippincott's Map of Kansas and Nebraska, under the sanction of the Indian office; but in order to do so, the outlines of such permanent Indian reservations must necessarily be preestablished and known. As indicated on the enclosed diagram (C,) the proposed order of survey is first to run and establish the base line from the point A, on the Missouri river, at the intersection of the fortieth parallel with that river, in the direction of C, its proposed terminus, as far as the point B, in order to admit of running the "guide meridian,” B G, from which will start the “ standard parallel," or correction lines, at intervals of every five townships, or thirty miles from D to H, E to I, F to K, G to L, and the township, section, and quarter-section corners, are to be duly established on both the guide meridian and standard lines, as they are run; and all this is to be done before the bodies of land which are desired to be the earliest to be subdivided for sale, can be approached; and so far, the Surveyor-General has been instructed. The subsequent operation, next in order, will be to extend the township and sectional lines from the pre-established corners so as, (by judicious management on part of the SurveyorGeneral,) to embrace the three bodies of land, full colored yellow, on the diagram (C.) The lines of townships are colored blue, and those, and also the sectional lines, will close on the reservations colored red.

The line of division between the Ioways and Sacs and Foxes is said, in the late Ioway treaty, to have been run by Isaac M‘Coy, (Stats. at Large, 1853-4, p. 146.) These cessions are adjoining, and the Ioway lands are to be sold for the benefit of that tribe. It is not designed to make fractions on both sides of that line, (which would unnecessarily mar the surveys,) but to suffer the surveys to proceed uninterruptedly over it, showing its course by taking occasional connections with it, so as to admit of its course being accurately delineated, as a dotted line, on the appropriate township plats, for the purpose of enabling the Department to adjust the loway claim to the proceeds of the lands sold within their proper limits, as such course of proceeding seems to be contemplated by the treaty. The survey of the line between the Delaware and Kickapoo cessions is wanted also for a purpose precisely similar to the above; and the surveys of the exterior lines of the cessions by the Peorias and Kaskaskias, (ninety-four thousand and eighty acres,) and Piankeshaws and Weas, (one hundred and fifty-eight thousand four hundred acres,) are also wanted for a like purpose. Besides the foregoing there are needed the surveys of the exterior lines of the permanent Indian reservations, colored red on the accompanying diagram, to wit: the

[graphic]

Ioway, Delaware, Pottawatomies, Sac and Fox, Ottawa and Miami reservations, lying within the limits of the present programme of surveys, and also others, (which need not here be enumerated, lying outside of those limits.

Judging from the tenor of some of the treaties, this Office had been led to suppose that many of the lines now required had been laid off, and that evidences were extant, but according to the letter of the Commissioner of Indian Affairs, they all, or mostly, yet remain to be established, and how this can best be done, is the matter to be considered and determined ; and meanwhile, looking to the instructions that have, thus far, been given to the Surveyor-General, I see nothing to be altered except to restrict his fourth standard parallel to the western line of the Miami Reserve, whenever that line can be known, otherwise the standard will be continued, through that reserve, eastward, to the western line of Missouri, a probable distance of eighteen miles.

As the United States surveyors are paid by the mile, it cannot therefore be expected that they can afford to be retarded in their regular mechanical operations, for the purpose of determining Indian boundary lines; such will have to be marked and defined in advance of the regular surveys, and it is respectfully suggested that such lines can best be determined by surveyors and agents, acting independently of the regular deputy-surveyors, and under special contracts adapted to such purpose.

But, as now understood, the Commissioner of Indian Affairs, in his letter, which you have been pleased to refer to me, seems to contemplate not only the survey of the outlines of the Indian reservations referred to, but, moreover, the subdivisional surveys of the reservations themselves, for he says that “ to me it seems absolutely necessary that the survey of all should be continuous, and not, when a reservation is arrived at, that it should be passed over, thus breaking the chain of the legal subdivisions. The convenience of this arrangement is evident, and will be of material assistance to this Bureau, in carrying out the views for civilizing the tribes, which were entertained when treating with them.”

The proposed programme, it will be seen, contemplates closing the lines of the public surveys on the lines of the Indian reservations, so as to distinguish the saleable from the reserved lands; but if the policy were adopted of subdiving the reservations, and having them surveyed in connection with the public lands adjacent, without descrimination, it would seem decidedly to be the better plan to suffer the regular surveys to proceed, uninteruptedly, over the Indian lands at once, under the direction of the Surveyor-General, as it would be of very questionable propriety, to have a separate corps of surveyors at work on the Indians reservations, acting under another authority and not amenable to that officer. After the entire body of country had been so surveyed, then the Indian lines could be ascertained so as to show them by dotted lines on the plats of survey, and, in the event of any such arrangement, the specific appropriations made by Congress for effecting such Indian surveys, (alluded to in Mr. Manypenny's letter of 8th inst.,) would, appropriately be turned over to the Kansas surveying

As respects the closing of the lines of the lands now public and saleable on the lines of reservations, stipulated to be permanent, and making fractions thereon, this Office can perceive no substantial objection whatever, for, if the reserved lands are to be surveyed for the benefit of the Indians, the Indian lands lying on the common boundary between them, and the public lands must necessarily become fractional tracts. Where sections are intersected by the Indian lines, the fractional part within the reserve, were it surveyed, would become the complement of a full section to the fractional part lying outside of the same, and which is saleable land; and in case actual connections of the township and sectional lines are not made between the saleable and unsaleable, but a descriminating line between them is drawn on paper, nevertheless, the precise quantities of the saleable fractions would have to be determined by protraction and calculation.

I beg leave to conclude by remarking that in case the views presented by the Indian office should be adopted, as respects continuous surveys, it is desirable that the entire management of the same should be confided to the Surveyor-General, that the special funds appropriated for such purpose may be turned over to the Kansas surveying fund, and that the decision be made known as soon as practicable.

I have the honor, &c.,

John Wilson. Hon. R. M'Clelland, Secretary of the Interior.

APPENDIX.

No. 421.-An Act to remove the land office from Chocchuma to Grenada in the

State of Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the land office at Chocchuma, in the county of Tallahatchie, State of Mississippi, shall be removed to and located in the town of Grenada, in Yalabusha county, in said State, and it shall be the duty of the Registers and the Receivers of public money for said land office within sixty days from and after the passage of this act, to remove the books, records, and whatever else belongs to said office, to the place of location, as herein provided for.

Approved, July 4, 1840.

No. 671-Joint Resolution to institute proceedings to ascertain the title to Rush

Island, ceded in the Caddo treaty.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the District Attorney of the United States for the Western District of Louisiana, be and he is hereby directed to institute such legal proceedings in the proper court, as may be necessary to vindicate the right of the United States to Rush Island, which is alleged to have been improperly included in the limits of the lands ceded by the Caddo Indians to the United States, by the treaty of the first July, eighteen hundred and thirty-five, and reserved by said treaty in favor of certain persons by the name of "Grappe.

Approved, August 30, 1842.

No. 1461.--An Act giving the consent of the Government of the United States to

the State of Texas to extend her eastern boundary, so as to include within her limits one half of Sabine Pass, Sabine Lake and Sabine River, as far north as the thirty-second degree of north latitude.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Congress consents that the legislature of the State of Texas may extend her eastern boundary so as to include within her limits one half of Sabine Pass, one half of Sabine Lake, also one half of Sabine River, from its mouth as far north as the thirty-second degree of porth latitude.

Approved, July 5, 1848.

No. 150.-A Resolution to sanction an agreement made between the Wyandotts

and Delawares, for the purchase of certain lands by the former, of the latter tribe of Indians.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement, in writing, between the Delaware nation of Indians, and the Wyandott nation of Indians, made and entered into on the fourteenth day of December, eighteen hundred and forty-three, for the purchase of certain lands by the latter of the former tribe of Indians, and which said agreement, in writing, is as follows:

“Whereas, from a long and intimate acquaintance, and the ardent friendship which has for a great many years existed between the Delawares and Wyandotts, and from a mutual desire that the same feeling shall continue and be more strengthened by becoming near neighbors to each other; therefore the said parties, the Delawares on one side, and the Wyandotts on the other, in full counsel assembled, have agreed, and do agree to the following stipulations, to wit:

Art. 1. The Delaware nation of Indians residing between the Missouri and Kansas rivers, being very anxious to have their uncles, the Wyandotts, to settle and reside near them, do hereby donate, grant and quit-claim forever, to the Wyandott nation, three sections of land containing six hun. dred and forty acres each, lying and being situated at the point of the junction of the Missouri and Kansas rivers.

ART. 2. The Delaware chiefs for themselves and by the unanimous consent of their people, do hereby cede, grant, quit-claim to the Wyandott nation and their heirs forever, thirty-six sections of land, each containing six hundred and forty acres, situated between the aforesaid Missouri and Kansas rivers, and adjoining on the west the aforesaid three donated sections, making in all thirty-nine sections of land, bounded as follows, viz. : Commencing at the point at the junction of the aforesaid Missouri and Kansas rivers, running west along the Kansas river, sufficiently far to include the aforesaid thirty-nine sections; thence running north to the Missouri river; thence down the said river with its meanders to the place of beginning; to be surveyed in as near a square form as the rivers and territory ceded will admit of.

ART. 3. In consideration of the foregoing donation and cession of land, the Wyandott chiefs bind themselves, successors in office, and their people, to pay to the Delaware nation of Indians forty-six thousand and eighty dollars, as follows, viz., six thousand and eighty dollars to be paid the year eighteen hundred and forty-four, and four thousand dollars annually thereafter for ten years.

ART. 4. It is hereby distinctly understood between the contracting parties, that the aforesaid agreement shall not be binding or obligatory until the President of the United States shall have approved the same, and caused it to be recorded in the War Department.

In testimony whereof, we, the chiefs and head men of the Delaware nation, and the chiefs and head men of the Wyandott nation, have this four

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