Reservation (land)

“ The reservation of the land affected not only the lands within the railroad grant, but affected the right of any person to locate upon or purchase these lands from the United States, as they were not lands subject to settlement or entry. ”

“ The provision under which the selection was made was one inviting and proposing an exchange of lands. By it Congress said in substance to the state: If you will waive or surrender your titled tract in the reservation, you may select and take in lieu of it a tract of like area from the unappropriated nonmineral public lands outside the reservation. Acceptance of such a proposal and compliance with its terms confer a vested right in the selected land which the land officers cannot lawfully cancel or disregard. ”

“ If the reservation named was intended as a grant of sections 16 and 36 to the territory, and to the states to be created out of them, or as a dedication of them for schools, it could only apply to such lands as were public lands, for no other lands in our land system are subdivided into sections, nor could it embrace lands which had been set apart and reserved by statute or treaty with them for the use of the Indians, as was the case with the lands involved in this controversy, as we have already shown. ”

“ There are still about 100,000,000 acres of choice land in Indian reservations, and as a consequence of the pressure upon this resource and also because of the unwisdom of the old reservation system, the policy has now been adopted of dividing these lands among the Indians in individual ownership, under careful safeguards, and of assimilating the Indians to the rest of the population. ”

“ And how can anyone doubt that a tribe's inability to zone substantial tracts of fee land w thin its own reservation-tracts that are inextricably intermingled with reservation trust lands-would destroy the tribe's ability to engage in the systematic and coordinated utilization of land that is the very essence of zoning authority? ”

“ At least Congress thought so; and in 1853 laws were passed for the establishment of a reservation system in California, and large appropriations were made to carry it into effect. Tracts of land of twenty-five thousand acres were ordered to be set apart for the use of the Indians; officers were appointed to supervise the affairs of the service; clothing, cattle, seeds, and agricultural implements were purchased; and a general invitation was extended to the various tribes to come in and learn how to work like white men. ”

“ She galloped up, dismounted, jerked a Chicago newspaper out of the saddlebag, and pointed to a big black headline.
"Look at this. The reservation is going to be thrown open. The East is all excited. There will be thousands out here to register at the Land Office in Pierre—railroads are going to run special trains—"
"What reservation?" we wanted to know.
"The Indian reservation, just across the fence," Wilomene explained. The "fence" was merely a string of barbed wire, miles long, which marked the boundary of our territory and separated it from the Indian reservation. ”

“ Granting to each head of a family, in fee simple, a reservation of eighty acres of land, to be selected in the territory ceded, so soon as surveys shall be completed, by those entitled, which said reservations shall be patented by the president of the United States, and the patent therefor shall expressly declare that the said lands shall not be alienated or leased by the reservees,' etc. ”

“ Many reservations have been abolished, and the Indians allotted land in severalty. If the Indians held such lands as white men hold their farms, the whole Indian area today would be as large as formerly, even though reservation lines are abolished. ”

“ The said tribe agrees to remove to and settle upon the said reservation, if required so to do, within one year after the ratification of this treaty, or sooner, if the means are furnished them. In the mean time it shall be lawful for them to reside upon any land not in the actual claim and occupation of citizens of the United States, and upon any land claimed or occupied, if with the permission of the owner. ”

“ Churches have been built on the reservation, which are well attended, the services being conducted by native preachers. There are at present two schools; with an attendance of forty-four scholars.
Chehalis and others, Remnants of Tribes, and Parties to no Treaty with the Government.—These Indians number about 600, and have a reservation of 4322 acres in the eastern part cf the territory, set apart for them by Executive order of July 8th, 1864. A considerable portion of the land in this reservation is excellent for agricultural purposes ”

“ We can well understand that Indian reservations and reservations for military and other public purposes of the government should be considered as absolutely reserved and withdrawn from that portion of the public lands which are disposable to purchasers and settlers, for in those cases the use to which they are devoted, and for which they are deemed to be reserved, extends to every foot of the reservation. ”

“ For while even one chief is friendly the treaty payments go on; the reservation is a refuge from avenging pursuit of robbers and murderers, and the pro tection of government troops is accorded so long as any portion of a tribe remains true to its obligations. ”

“ As an appreciation of the circumstances in which words are used usually is conducive and at times is essential to a right understanding of them, it is important, in approaching a solution of the question stated, to have in mind the circumstances in which the reservation was created-the power of Congress in the premises, the location and character of the islands, the situation and needs of the Indians and the object to be attained. ”

“ We are frequently told that the tribal relations must be broken up; that the reservation system must be abandoned, &c. Whatever is to be the ultimate end and result of the policy stated, it is certain that habits grown up in the course of centuries will not at once yield to a mere word of command. ”

“ That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof purchased by the United States, after allotments have been made to the Indians of such reservation and prior to the opening of such reservation to settlement. ”

“ The provision for forest reservations refers to any part of the public lands which were subject to the disposition of Congress. It is also argued that the state, under the act of February 28, 1891 (supra) , has the right to await the 'extinguishment' of the 'reservation,' and the 'restoration of the lands therein embraced to the public domain,' and then to take the described sections. ”

“ In the exercise of that control it has excluded hunters, erected posts marking the limits of the reservation, posted notices advising all persons of the existence of the reservation and warning them to refrain from hunting on it. ”

“ And the United States stipulated that no person, except those designated and authorized by the treaty, and such officers, agents, and employes of the government as might be authorized to enter upon Indian reservations in the discharge of duties enjoined by law, should ever be permitted 'to pass over, settle upon, or reside in the territory' described, or in such territory as might be added to the reservation. ”

“ Such a herd as that on the Flat-head Reservation should not be allowed to go out of existence. Either on some reservation or on some forest reserve like the Wichita reserve and game refuge provision should be made for the preservation of such a herd. ”

“ Indeed, the population of non-Indians on reservations generally is greater than the population of all Indians, both members and nonmembers, and non-Indians make up some 35% of the Salt River Reservation population. ”

“ The reservations are, generally speaking, the lands which white men considered they would never want, being the most barren, forlorn, hopeless spots in the state or territory in which they 127are located. ”

“ The Indians' friends have welcomed with one accord the breaking up of the reservation system, the allotment of lands in severalty, and the curtailment of rations—but with these steps in advance comes the necessity for the sale of the surplus Indian lands. ”

“ If in any other of the territory, then to choose either side, if by a river; we reserving to ourselves twenty thousand acres of land, to be bounded and laid out by our agents in each settlement, in such places as they shall see fit, and in such manner that the colony shall not be thereby incommoded or weakened; which we intend by our agents or assignees in due time to settle and plant, they submitting to the government of that colony. ”

“ Then, as the white men are coming in and settling in the country, and as the Queen wishes the Indians to have lands of their own, we will give one square mile, or 640 acres, to each family of five; but there will be no compulsion to force Indians to go into a reserve. He who does not wish to go into a band can get 160 acres of land for himself, and the same for each member of his family. These reserves are holdings you can select when you please, subject to the approval of the Government, for you might select lands which might interfere with the rights or lands of settlers. ”

“ Of course all these remarks are made with reservation, but with reservation, it may be said, that in England we have, or soon shall have, only two classes left, the extreme rich and the extreme poor, for the intermediate classes are gradually retiring to the continent, emigrating to Canada and America, or sinking down into the second class. ”

“ It is further evident, that, in recasting the scheme of reservations, the principal object should be, while preserving distinct the boundaries of every tribe, so to locate them that the territory assigned to the Indians west of the Mississippi shall constitute one or two grand reservations, with, perhaps, here and there a channel cut through, so to speak, by a railroad, so that the industries of the surrounding communities may not be unduly impeded. ”

“ I furthermore notify all persons to particularly observe that a certain portion of the said Fort Berthold Reservation not ceded and relinquished by said agreement is reserved for allotment to, and also as a reservation for, the said tribes of Indians; and all persons are therefore hereby warned not to go upon any of the lands so reserved for any purpose or with any intent whatsoever, as no settlement or other rights can be secured upon said lands, and all persons found unlawfully thereon will be dealt with as trespassers and intruders ”

“ The cession was made by a written instrument showing what lands were reserved, and bearing the assent of more than two-thirds of the male adults over eighteen years of age in those bands.
2. The bands occupying and belonging to the White Earth Reservation, by a like instrument bearing a like assent, ceded to the United States their title and right to all of that reservation, save a specified tract which the commission had reserved for allotments. ”

“ A population dwelling upon maritime shores must have laws fitted for navigation.... If the colony is located in an inland region, a legislator must provide for the nature of the soil, and for its degree of fertility....
"It is more especially in the distribution of property that the wisdom of legislation will appear. As a general rule, and in every country, when a new colony is founded, land should be given to each man, sufficient for the support of his family.... ”

“ No one can enter the reservation, even to pass through it, or to stay a night with one of the Indians at his house, without the same leave. Work on the roads or in the fields of the reservation is at the absolute order of the agent; no corvée in ancient France could press more crushingly on the peasant than could the order of a harsh or stern agent on his charge. In the choice and erection of houses, in the furnishing and distribution of stores, in matters of internal police of all sorts, his word is law. ”

“ I now have the honor to transmit a report from Forest Superintendent S. B. Ormsby, recommending the reservation of certain lands in this region, a considerable portion of which have not been so recommended by the Geological Survey. I transmit also two letters from F. P. Mays, of Portland, Or., urging the early temporary withdrawal of the lands proposed to be included within the reserve. ”

“ Article second of the treaty of June 9th, 1863, provides that no white man—excepting such as may be employed by the Indian Department—shall be permitted to reside upon the reservation without permission of the tribe, and the superintendent and the agent. Nevertheless, four white men are occupying or claiming large tracts on the reservation. ”

“ Sound statesmanship cannot disregard them. It is true that the Indian reservations now existing cover a great many millions of acres, containing very valuable tracts of agricultural, grazing and mineral land ”

“ That would make the creation of the 1883 reservation, as an attempted solution of the violent problems created when two civilizations met in this area, illusory indeed. We must give it the definitiveness which the exigencies of that situation seem to demand. Hence, acquiescence in that arrangement must be deemed to have been a relinquishment of tribal rights in lands outside the reservation and notoriously claimed by others. ”

“ In order, however, to enable them to obtain possession of lands in a compact body, some concessions must necessarily be made from the present requirements of the land laws. I would respectfully suggest that the Secretary of the Interior be authorized to withdraw from sale or entry such lands as they may desire to occupy, for a term of years long enough to enable them to emigrate to this country and settle thereon, and to dispose of such lands to those persons among the emigrants who shall make the proper entry or purchase thereof in accordance with existing laws. ”