the laws and authorities of the several States and almost of the United States Government. Each Indian nation has a form of government, with a system of laws by which malefactors may be punished and litigants may determine their rights, provided they are all Indians. Should a white man violate any of the statutes of these nations he can only be ordered out of the Territory by the Commissioner of Indian Affairs, who seems to be anomalously invested with certain negative and restraining powers, but with no other actual positive authority in such matters. In the event of strife or contention over property or any civil cases between white men or between white men and Indians there is no law applicable.

To such an extent has this uncertainty of jurisdiction and authority prevailed that the borders of these nations have become the refuge of thousands of evil-doers who have fled from their homes in the States and made this region a Botany Bay. Murderers, horse thieves, gamblers, and other violators of law have flocked thither by hundreds and are there to-day, and in many instances in open defiance of the United States marshal. Another despicable class of persons have made this country a refuge to shield them and their property from the just claims of legal creditors. They obtain upon credit the property of citizens of adjoining States and then secretly skip across the line into the Indian country, where they are secure from arrest and their property from judicial process. The only remedy is for the agents of the Indian Office with its meager force to hunt out them and their property and drive them across the line again into the States where State law will reach them. During the past year several such cases have been brought to the attention of this office in which judgment having been obtained in the State of Texas against United States citizens the property subject to execution had been fraudulently conveyed to and secreted in the Territory with the deliberate purpose of depriving the creditor of the fruits of his judgment. The State processes not running in the Terri tory, and there being no law to meet such cases, the Department, on being appealed to, decided that, on broad grounds of public policy, it could not consent to the Indian Territory being made a sanctuary for dishonest debtors or their ill-gotten spoils, and on due proof of the facts alleged in such case directed the removal of the concealed property from the Territory.

A similar state of affairs, though elsewhere it has not yet reached such serious proportions, exists outside the five civilized tribes throughout the whole Indian Territory.

In criminal cases in the Indian Territory, where a white man and an Indian are the parties, or where both parties are white, the case can be tried under existing statutes (act of January 6, 1883, 22 Stats., 400) before the United States courts for the district of Kansas, the western district of Arkansas, or the northern district of Texas, according to the locus where the crime was committed. The courts at Wichita and Fort Scott, Kans., have exclusive original jurisdiction over all that part of the Territory lying north of the Canadian River and east of Texas and the one hundredthi meridian, not set apart to and occupied by the Cherokee, Creek, and Seminole Indian tribes; the court at Graham, Tex., has like jurisdiction over that part of the Territory not so annexed to the district of Kansas, and not set apart to and occupied by the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Indian tribes; whilst the court at Fort Smith, Ark., retains the jurisdiction over all that part of the Territory occupied by the five civilized tribes.

Speaking of this matter the United States Indian agent for the five civilized tribes, in his annual report herewith, remarks:

Crimes are gradually decreasing under the very superior management of the United States district court for the western district of Arkansas which has criminal jurisdiction over this agency, the active co-operation of the valuable and efficient Indian police force, and the improving management of the Indian courts. The Indian courts, as a rule, are not well conducted, but are growing more respectable under the strong educational forces at work. The crimes committed are not extraordinary in number when it is remembered that this country, by virtue of its sparse settlement and absence of State law, makes an excellent hiding place for refugees from justice. There has been located at this point (Muscogee) a United States commissioner, Hon. John Q. Tufts, formerly Indian agent, who has been of much service in the administration of the criminal law.

The chief defect in the administration of law at Fort Smith has been the great distances necessary for witnesses to travel who live in the remoter parts of this district. It is as much a punishment on the witness as it is on the accused, almost, for owing to the pressure of business before the court he has probably to make three or four trips, 150 miles each way, across the country, and thus go some 900 or 1,200 miles on horseback to tell what he knows about a horse thief. This is very expensive, and people would rather let crimes go unreported than endure the loss incident to prosecution. It would be an immense saving in mileage for its thousands of witnesses, &c., and other costs to the United States Governinent, if the court were moved to Muscogee or Fort Gibson. It certainly would secure a better administration of justice, and relieve the Territory people of a heavy expense in attending this court.

Similar representations as to the remoteness of courts of jurisdiction have from time to time been made by other agents located at different points in the Territory; and whilst the condition of things has been somewhat ameliorated by the act of 1883 above referred to, which distributed the jurisdiction over the Territory between three courts instead of one, as theretofore, I have little doubt that many flagrant cases of crime now go unpunished owing to the difficulty and expense of attendance on the courts as now located.

The time-honored maxim, "There is no wrong without a remedy," seems to have no application to the Indian Territory, and some remedy for this unsatisfactory and I may add alarming situation should be wisely considered and promptly applied by Congress. The immediate necessity for the establishment of a United States district court within the heart of the territory of the five civilized nations, at some convenient point accessible by railroad-say Muskogee or Fort Gibson-no longer admits of a doubt. It is the promptest remedy that can be applied to arrest the evils referred to. In this opinion I am sustained by the late Senatorial committee of which Hon. H. L. Dawes was chairman, which last year visited this Territory under a Senate resolution; and Judge Parker, eminent for his learning, efficiency, and patriotism, fully concurs as to the necessity for the immediate establishment of this court.

The treaties made with the civilized tribes in 1866 all contain provisions for the establishment of a United States court in the Territory, with such jurisdiction and organized in such manner as may be prescribed by law; and I understand that there is a general wish among the leading and more intelligent Indians themselves that Congress at once pass the necessary law for its establishment. Measures have been repeatedly introduced, in fact are now pending in Congress, for the establishment of such a court, and I trust that the suggestions made may be deemed worthy of consideration.

In any event, whether Congress decides to establish the United States court in the Territory, or to leave the jurisdiction where it is, provision should be made for extending such jurisdiction to civil cases where an Indian, or person of Indian blood, resident in the Territory, and a citizen of the United States are the parties, and also, if possible,

for the enforcement of civil process issuing out of a State court against the property of a United States citizen held or concealed in the Indian Territory. It is due to the commercial industries of the country that they should be protected, and the creditor enabled to get his just dues, without coming as a suppliant to this Department. As has already been stated, in civil cases between Indians and white men in the Territory, the agency is now the only tribunal where they can be adjudicated, and much valuable time, both of the agent and of this office, which should be devoted to other matters, is consumed in hearing and adjusting (so far as possible) such complaints. All this can be remedied by conferring civil jurisdiction upon the United States courts, in which such cases should properly be tried. The power inherent in a judicial tribunal to enforce its decrees would be respected, and the civilized Indian who is capable of making and appreciating a contract would be taught that, whilst his Indian blood would not shield him against the enforcement of his just obligations, his right to a corresponding performance of the contract on the part of the white man would be protected. In regard to this Agent Owen says:

Owing to the large number of United States citizens in the Territory, there are a large number of civil cases constantly arising between themselves alone, or with Indian citizens, some involving large sums. There is no judicial tribunal to settle such cases, and as they must necessarily increase in number and importance, some provision ought to be made. If the Federal court is clothed with power to try an Indian's right to live, I see no reason why it cannot try his rights to property when disputed by a United States citizen. At all events, this stands as a serious chasm in the law, and it is my duty to report it.

LEASES OF INDIAN LANDS.

In my last annual report I gave a history of the troubles on the Cheyenne and Arapaho Reservation, in the Indian Territory, growing out of the grazing leases, and of the measures taken to restore peace and tranquillity amongst the Indians.

Under the President's proclamation, therein referred to, the leases were declared null and void, and the cattle, together with all unauthorized persons, were removed from the reservation as speedily as it was practicable to do so. The removal was peaceably effected, and, I am gratified to say, without conflict between the Indians and the whites.

Contrary to the predictions of interested parties, who foretold all kinds of suffering, disasters, and outbreaks when the lease-money should be stopped, it appears from the report of Captain Lee, of the United States Army (who was placed in charge of the Cheyennes and Arapahoes at the time of the threatened outbreak), that not a single Indian has expressed a desire for a renewal of the leases. On the contrary, all have given pronounced expression of satisfaction that the leases were annulled and the cattle and cattlemen removed. They no longer con template the monopoly of nine-tenths of their reservation by outsid ers, but in place thereof they view with satisfaction their own fields of corn, and farms inclosed with fences, put up by their own labor, the wire being furnished by the Department. The annual report of Captain Lee, on the condition and progress of the Cheyenne and Arapaho Indians, will be found interesting reading, and great credit is due that officer for the energy and zeal he has put into his work during his comparatively brief tenure of office. His report contains full statistics of farms opened and cultivated, in the face of many obstacles and discouragements, by Indians and persons of Indian blood lawfully resident on the reservation. That the gratifying condition of

affairs reported by Captain Lee could ever have come to pass during the existence of the leases is a proposition which needs no argument to controvert.

In my last annual report (supplemented by Senate Ex. Doc. No. 17, Forty-eighth Congress, second session) detailed particulars of all leases made by Indian tribes and bands of lands for grazing purposes, so far as the same had come to the knowledge of this office, were furnished. Of these leases, those made by the Cheyennes and Arapahoes were, as already stated, annulled by Executive proclamation, and the followingnamed have been practically abandoned, viz: the lease from the Quapaw tribe of Indians to H. R. Crowell, the Citizen Band of Pottawatomies to Catherine Grieffenstein, the Prairie Band of Pottawatomies in Kansas to Anderson & Co., and the Crow Indians of Montana to Wilson & Blake. In the absence of any complaints to this office by the Indians, or the several United States Indian agents in charge, none of the other lessees mentioned have been disturbed, pending action by Congress on the general subject.

The decision of the Attorney-General that the system of leasing Indian lands which has hitherto prevailed is illegal without the consent of Congress only adds to the difficulties which beset this office in dealing with this question of leases. In my last report this matter was referred to as follows:

I cannot too strongly impress upon the Department the importance of an early disposition of this much vexed question. The leasing system should either be legalized, with proper restrictions, or it should be abolished altogether. In its present loose and indefinite shape it is a source of the greatest embarrassment to this office, and a hinderance to the proper and effective administration of Indian affairs.

If Congress would authorize Indians to dispose of their grass, or would take any definite action as to the policy which this office can legally pursue in regard to Indian grazing lands, it would materially lessen the perplexities and confusion which now pertain to the subject. Moreover, if some way could be adopted by which, under proper restrictions, the surplus grass on the several Indian reservations could be utilized with profit to the Indians, the annual appropriations needed to care for the Indians could be correspondingly and materially reduced.

ALLOTMENTS OF LAND IN SEVERALTY AND PATENTS.

During the year 17 certificates of allotments have been issued to the Indians on the Lake Traverse Reservation, under the treaty with the Sisseton and Wahpeton bands of Sioux (15 Stats., 505); 2 to the Indians on the White Earth Reservation, under the treaty with the Chippewas of the Mississippi, concluded March 19, 1867 (16 Stats., 721); 55 to the Sioux Indians at the Rosebud Agency, under the sixth article of the Sioux treaty, concluded April 29, 1868 (15 Stats., 637); and 12 to the Sioux Indians at the Crow Creek Agency, under the same treaty.

Patents have been issued as follows: Two hundred and eighty-one to the Chippewas of Lake Superior, on the Bad River, Lac Court Oreilles, l'Anse and Vieux de Sert, and Fond du Lac Reservations, under the provisions of the third article of the treaty of September 30, 1854 (10 Stats., 1110); 3 to the Sisseton and Wahpeton bands of Sioux, under the fifth article of the treaty of February 19, 1867 (15 Stats., 505); 123 to the Santee Sioux Indians, under the treaty of April 29, 1868 (15 Stats., 637); 68 to the Chippewas of Saginaw, Swan Creek, and Black River, under the treaties of August 2, 1855 (11 Stats., 631), and October 18, 1864 (14 Stats., 657); 167 to the Puyallup Indians, under the treaty

of December 26, 1854 (10 Stats., 1132); 46 to the S'Kokomish Indians, under the treaty of January 26, 1855 (12 Stats., 933); 1 to an Omaha Indian, under the act of August 7, 1882 (22 Stats, 341); and 1 to a Winnebago Indian, under the act of February 21, 1863 (12 Stats., 658); making the total number of certificates S6 and of patents 690; grand total, 776.

Two special agents are now engaged in the work of allotting the lands on the Crow Reservation in Montana.

In accordance with your directions, special instructions have been issued to the agents at Yankton, Lower Brulé, and Warm Springs to urge upon the Indians under their charge the importance of taking their lands in severalty, as allowed by their respective treaties, and to press the work of allotting lands with the utmost vigor. Similar instructions will be given other agents as soon as the condition of the surveys will permit such work to be done.

The general allotment bill again passed the Senate at the last session, and was favorably reported in the House of Representatives. As there seems to be no substantial opposition to this bill, it is hoped that it will become a law during the coming winter. Its passage will relieve this office of much embarrassment and enable it to make greater progress in the important work of assisting the Indians to become individual owners of the soil by an indefeasible title.

Nine hundred and fifty-five patents have been delivered to the Omabas during the past year. Reports differ as to the degree of progress attained by the Omahas since they have received allotments and undertaken to manage their own affairs, and it must be expected that some members of the tribe, not so progressive nor so well disposed as others, will take advantage of the newly acquired freedom from agency restraint to enjoy and improve the increased opportunity thus afforded them for shiftlessness or mischief-making. All transition periods have their peculiar difficulties and discouragements. But on the whole the success of the Omahas is such as to impress favorably friends of the Indians and believers in their civilization, and to afford to Indians everywhere the highest encouragement to adopt the same policy. The efforts of a few white friends, among whom the name of Miss Alice Fletcher, of Boston, might receive special mention without injustice to or derogation of the others, have furnished practical demonstration of the disposition and ability of the Indian to support and govern himself. There is something inspiring to the soul and heart of man when he realizes that he is not a slave, or a ward, or a dependent, and that the respon sibilities of manhood are thrown upon him and he will be judged according to the way in which he meets and discharges them. I trust the true friends of Indian progress everywhere will unite their voices in this be half, and will press with zeal, determination, and all practicable dispatch the allotment system among Indian tribes.

FARMING BY INDIANS.

According to the intention expressed in my last report, special attention has been paid during the year just past to the encouragement of agricultural pursuits by Indians. A majority of the grown-up Indians on reservations, through want of early training and by reason of repugnance to any kind of manual labor, which their traditions and customs lead them to look upon as degrading, are very poor material out of which to make farmers. Even those who are most willing to work lack the foresight, good husbandry, economy, and persistence nec