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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 67 be necessary to protect the rights of the Indian occupants of those lands. Later Dr. Brecht reported that the Indians had been driven from the northeast quarter of section 35 and northwest quarter of section 36, township 53 south, range 40 east, and asked that thoselands be reserved for their use. March 24,1.897, the Department, upon recommendation of this office, requested the General Land Office to withdraw said tracts from settlement and to reserve them for the Indians. April 14,1887, the Commissioner of the General Land Office replied that the records of his office showed that all of what,if surveyed, would be tornoship 53 south, range 40 east, was included in what is desig-nated on the mapsof Florida as ''TheEverglades," and was embraced in swamp-laud list No. 80, approved February 13,1897. He also stated that in the decision approving said list (24 L. D., 147) there was a qno-tation from a report of the Indian Office of February 23,1895, in which it was stated: If the Indians now haye the right of ocoopanoy of tho lannda within the Everglades, an& the United, Statea should convey sooh land8 hp patents to the State of Florida, I am of the opinion that the State would take title lubjject to the right of occupanoy of the Indians. Thus Department decision of February 13,1897, c o n ~ c t e dw ith its instructions of March 24, ill that the first directed that a patent issue to the State under the swamp grant, and the second that a portion of the lauds be reserved for the use of the Indians. In office report upon this matter, dated May 26,1897, the following conclusion was reached: I am therefore clearly of the opinion that where Indians are known to be located upon specified tracts such tracts should be exempted from patent; that IIO person or corporation shall have color of right' to deprive the Indians of their ancient possessions. I therefore have the honor' to recommend that the decision of the Department of February 13, 1897, be modified so as to except the tracts described in office report of March 23,1897, from the lands to be patented. I also have the honor to recommend that there be inserted in the patent to be issued to the State a clause expressly reserving the rights of the I~ldianst o the occupancy of lands possessed, and improved by them at the da,te of the patent, that purchasers of lands may have notice of the rights of Indian occupants. These rights, as before indicated, I believe to be clearly established by the case of Beecher u. Wetherby, as wellaa by the invariable prac-tice of the l~ationso f Europe who made discoveries upor) this conti-nent, whicthrnle has been followed by the United States. Theinsertion of such provision in the patent mould make the rights of the Indians clear and would be a measure of protection to these people who have excited the sympathy of all who have beconle cognizant of their situation. I have been informed that the important legal questions involved in the case are now before the Assistant Attorney-General for the Depart-ment for consideration and opinion. I trust that no steps may be omitted which may possibly be taken under the lam to protect these Indians. |
