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Show XXX , REPORT OF THE COMWSSIONER OF INDIAN AFFAIRS. . . . that it can not be deniedthat wrong was often done to tribes in the , , negotiation of treaties of cession ; that the Indians were not infrequently overborne or deceived; that more powerful tribes were permitted to cede lands to which weaker tribes had as good if not a better claim ; but the United States endeavored to obtain the cession successively of all lands within its lindts to which Indians could show color of title, ex-cept in California and Nevada, and I may add Arizona and parts of New Mexico and Utah. Although treaties have been made with the Eavajos, Comanches, and Kiowas for cession of land, the Mexican Gov- % ernment, from whom the larger portion was acquired, at po time recog. nized an Indian title within its jurisdiction, except where it had been : , specially granted. While tbis Government has recognized that fact, it has never hesitated to provide reservations for the Indians within said . . . States and Territories, as in the case of other Indians, by executive order, or act of Congress, and even by treaty. - In this connection I refer to the decision of the supreme court of California, rendered January 31,1888, in the case of Byrneu. Alas et al., which fully confirms the position held by this office, that grants of land to private parties are subject to the rights of Indian occupants, and that such occupants can not be legally ejected, and which permanently establishes the tenure of the iV1ission Indians to the lands occupied and claimed by them on private grants. (See annual report Indian Bureau for 1888, p. 64.) TlTLE TO EXISTING INDIAN RESERVATIONS. TheIndian title has been extinguished to all the public domain, except Alaska, and the portion included in one hundred and sixty-two Indian reservations, not embracing those in New York already referred to nor that occupied by the Cherokees in North Daroliua, and by the Sacs and Foxes in Iowa, both of which were acquired by pnrcbase. Of these one hundred and sixty-two reservations there were estab. lished- By executive order ................................................... 56 By executive order under aothority of act of Congress ................. 6 By act of Congreas .................................................... 28 By treaty, with boundaries deiiued or enlarged by executive order. ..... 15 By treaty or agreement snd act of Congress .......................... 5 By unratified treaty ................................................... 1 By treaty or agreement ................................................ 51 - Total .......................................................... 162 Reservations by Executive Order.-Of the fifty-six established by execu-tive order, the title has not been held to be permanent, but the laud has been subject to restoration to the public domain at the pleasure of the President. Under the general allotment act, however, of 1887 (24 Stats., p. 388), the tenure has been materially changed and allreserva- |
