University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 1-31-1893 Letter from the Secretary of the Interior, transmitting an agreement made by the commission appointed to treat with the Indians of the Siletz Reservation for the cession of certain lands. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation S. Exec. Doc. No. 39, 52nd Cong., 2nd Sess. (1893) This Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. SEN.ATE. Ex.Doc. 52D CoNG_R~ss, } { 2d Sesmwi. No. 39. IN THE SEN.ATE OF THE UNITED ST.ATES. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING An agreement made by the commission appointed to treat with the Indians. of "tlie Siletz Reservation for the cession of- certain lands. FEBRUARY 11 1893.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, January 31, 1893. Sm: I have the honor to transmit herewith a copy of a communica­ tion of 14th ultimo from the Commissioner of Indian .Affairs, and ac­ companying agreement made by the commission appointed to treat with the Indians of the Siletz Reservation, in Oregon, for the cession of the surplus lands of the reservation or tract of country upon which they reside. I also transmit copy of letters of the honorable assistant attorney­ general for this- Department, dated 3d and 28th instant, together with report of the Commissioner of the General Land Office of 26th instant, in relation to this matter, and draft of a bill to ratify the agreement. This matter is presented with recommendation for early considera- tion by Congress. - I have the honor to be, very respectfully, JOHN W. NOBLE, Secretary. The PRESIDENT OF THE SENATE. , DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, JJ. 0., JJecember 14,- 1892. SIR: I have the honor to acknowledge the receipt, by your reference for report, of the report of the Siletz Indian Commission, dated No­ vember 4, 1892, submitting an agreement made by the commission with the Indians located upon the Siletz Reservation in Oregon for th~ 2 AGREEMENT WITH THE SILETZ RESERVATION INDIANS. cession of the surplus lands of the reservation or tract of country upon which they reside. The commission was appointed under the authority contained in the appropriation of $11,500 made by the Indian appropriation act for the current fiscal year (Public No. 119) ''to enable the Secretary_of the Interior to negotiate with any Indians for the surrender of portions of their reservation," etc. By the first article of the agreement the said Indians cede,_ sell, re­ linquish, and convey to the United States all their right, title, a~d interest in and to all the unallotted lands within the limits of said reservation, except the five sections described in Article 4 of this agreement. In consideration of this cession, it is agreed by Article_ 2 that the United States will pay to the Indians the surri of $142,600 m form and manner as follows, to wit, $100,000 shall be deposited in the Treasury - of the United States to the credit of the Indians, to bear interest a,t t~e rate of 5 per cent per annum, to be paid annually at the agency on said reservation on the 1st day of March; the balance of said principal sum to be paid as follows, to wit: Within three months after the approval of this agreement by Congress t"h:ere shall be paid to each Indian on said reservation who shall be ot age, i.e., males of 21 yea~s and femn.les of 18 years, also all married persons whether they be of age ~r not, t e 0 sum of $75 each, and annuallyitbereafter, on each interest-paying day, a hke SUlll. £ $75 to each one who shall ~ecome of age as aforesaid, or who shall _have ID3'.rr1e. (who shall not have been pa1cl $75) during the preceding year, the said sum of $75, and all of the money so held uack by the United States to pay said delayed pay­ m~nts _sh'.1-11 also draw interest at the rate of 5 per cent per annum, a~d the parents of all ~nfants who are supporting the same receive annually all the mter~st money accordmg to the share pro rata of each infant: Pro1,idecl, however, That m case of all aged or infirm persons who a.re incapable of .taking care of themselves, the SU!fi due and payable to each may be used for the support and care of such persons, m s1;1ch ~1anner ~~ the S~cretary of the Interior may from time to time direct:. A._nd pro­ vided ji~rther, I hat this agTeeruent shall apply only to persons who shall be hvmg and belpngmg on said reservation at the time of the ratification of the same uy Congress. Article 3 provides that as soon as the lands which have been allotted to the Indians on said reservation shall become subject to t,axation by the State of Or gon, then- AGREEMENT, wrrH THE SILETZ RESERVATION INDIANS. 3 and the east half of the west half of section 6, township 10 south, range 10 west; the south half of section 8, the north half of section 17 and section 16, township 9 south, range 9 west; and the _east half of the northeast quarter and lot 3, section 20, and south half, and south half of north half of section 21, township 8, range 10 west, shall be reserved from sale, and that the timher on said ft've sections may be cut and manufactured by the Indians of said Siletz Reservation for their own use and for sale, under such rules and ·regulations as the Secretary of the Interior shall from time to time prescribe. · By Article 5 it is stipulated that no part of the sum of money agreed to be paid the Indians, as aforesaid, shall ever be applied to the pay­ ment of any claim against any of said Indians arising prior to the rati- fication of this agreement by Congress. - . Article 6 provides that any religious society or other organjzation now occupying, under proper authority, for religious or educational work among the Indians, any of t4e lands in this agreement ceded, shall have the right for two years from the date of the ratification of this agreement within which to purchase the land so occupied at the rate of $2.50 per acre, the same to be conveyed to such society or organ- ization by patent. · Article 7 stipulates tliat this agreement shall not take effect and be/ in force until ratified by the Congress of the United States. , _ The agreement is signed by 118 adult ma1e members of the tribe, and is accompanied by the certificate of the commissioners,· the official in­ terpreter, and the interpreters appointed by the Indians that the foregoing agreement is the genuine original one made by and between the commission on the part of the United States and the Indians on said Siletz Indian Reservation in Oregon. Allotments have been completed by the special agent on this reser­ vation, the number of allottees being 536 and the quantity of land allotted being about 43,000 acres. In addition, the schedule of allot­ ments shows the reservation. of 226 acres for agency and school pur­ poses, 4.06 acres for sawmill and lumber yard, 4 70 acres for timber, and 9 acres for church and cem·etery purposes. The aggregate of the allotted and reserved lands, as shown by the schedule, is about 43,710 acres. There is also reserved by the fourth article of the agreement 5 sections ?f timber land for the common use of the Indians, but these 5 sections mclude the 4 70 acres reserved by the schedule of allotments, as above stated, so that, including these 5 sections, there are reserved for all ~urposes about 46,440 acres. There being 225,280 acres in the reserva­ °:on, this would leave a surplus of about 178,840 acres. The commis­ sioners state that the quantity of land ceded is over 175,000 acres, in­ cluding 220 acres of highly cultivated and valuable land at the school and agency, including the Methodist parsonage, sawmill, cemetery, school and agency buildings. It is noted, however, that these lands are reserved from cession by Article 1 of the agreement and by the allot~ent schedule, the former ceding all the unallotted lands within the limits of the reservation and the latter reserving the certain tracts for agency, school, and other purposes, ·as specified above. bill ( . 2869, Fifty-second Congress, first session.) provided for the re rvation of five sections of timber land for the common. use of the Indian on aid l'eservation, and was favorably reported upon by this office May 21, 1892, but the said bill failed to become a law. The title of the Indians in ·and to the tract of country ceded by the agreement is derived from executive orders dated Noveniber 91 1855, 4 .AGREEMENT WITH THE SILETZ RESERV.ATION INDIANS.