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Submitted by Kevin Fraley from public records Feb. 26, 1997.
Both above notices must remain when copied or downloaded.

swimref@cmc.net


    Executive Order regarding Port Madison Reservation, 1864


SIR:  In the absence of the superintendent of Indian affairs, who is
now at Fort Colville or in that neighborhood in the discharge of his   
official duties, at the request of Hon. A. A. Denny, register of the   
land office in this place, I would respectfully call your attention to 
the condition of the Indian reservation near Port Madison, concerning  
the enlargement of which the superintendent addressed you about a year 
ago, forwarding at the same time a plat of the proposed reserve.       

By reference to the treaty of Point Elliott, made with the Dwamish  
and other allied tribes of Indians, January 22, 1855, it will be seen  
that article 2 provides for them a reservation at this point.  This was
soon found to be too limited, and whilst Governor Stevens was yet      
superintendent of Indian affairs the Indians were promised an          
enlargement.  That promise seems to have been renewed subsequently, but
nothing definite agreed upon.                                          

Last July Seattle, the principal chief of the Seattle band, with a  
number of subchiefs and others directly interested, visited the        
superintendency upon this subject.  At their request a thorough        
examination was had, the result of which was in favor of submitting    
their request      
to you, and recommending that it be granted.  By reference to report of
Agent Howe, which accompanies the last annual report of the            
superintendent for the year ending June 30, 1863, it will be seen that 
he is well satisfied of the absolute necessity of its enlargement.     

The accompanying plat shows what is proposed to be reserved, which  
is satisfactory to the Indians.  As there were no instructions from the
Commissioner of the General Land Office, these lands could not be      
reserved, but were necessarily offered for sale.  There being no       
bidders the lands are still vacant.                                    

Immediately after the public sale the superintendent gave notice of 
the intention of the Department to retain these lands for the Indian   
reservation, and the public have so far acquiesced as not to disturb   
these proposed boundaries.  Still, as the lands were offered at public 
sale under the proclamation of the President, they are now, agreeably  
to law, subject to private entry.  Should, therefore, application be   
made to the register for the entry of any of these lands, he would, as 
matters now stand, be powerless to prevent it.                         

The register has just addressed the Commissioner of the General Land
Office on this subject.  Hence the reason of my addressing you without 
awaiting the return of the superintendent, who may be absent for a     
month, and respectfully asking that such steps may at once be taken as 
to prevent any lands within the proposed boundaries being sold by the  
register until he be further advised.                                  

Very respectfully, your obedient servant,                           

GEO. F. WHITWORTH, Chief Clerk.                                     

Hon. WILLIAM P. DOLE, Commissioner of Indian Affairs, Washington.   

DEPARTMENT OF THE INTERIOR, Office of Indian Affairs, September 12, 
1864.                                                                  

SIR:  I have the honor to inclose herewith for your consideration a 
letter from C. H. Hale, late superintendent of Indian affairs for      
Washington Territory, by his clerk, calling attention to the necessity 
for immediate action in order to secure certain lands to the Indians   
therein mentioned, near Port Madison, for an enlargement of their      
reservation.                                                           

It appears from the report of Agent Howe, made to this office last  
year, that the proposed enlargement of the reservation is deemed to be 
advisable, and I have to request that you will direct that the tracts  
of land described in the plat inclosed in the letter of Mr. Whitworth  
may be reserved from sale, so that they may be set apart for the       
Indians for whom they are intended.                                    

Very respectfully, your obedient servant,                           

W. P. DOLE, Commissioner.                                           

Hon. W. T. OTTO, Acting Secretary of the Interior.                  

DEPARTMENT OF THE INTERIOR, Washington, D.C., October 21, 1864.     

SIR:  I transmit herewith a letter of the Commissioner of Indian    
Affairs, of the 12th ultimo, covering a communication from the chief   
clerk of the office of superintendent of Indian affairs for Washington 
Territory, respecting the enlargement of the Port Madison Indian       
Reservation.                                                           

Concurring with the Commissioner in his recommendation that the     
reserve be increased for the benefit of the Indians referred to in the 
papers inclosed, you are requested to have reserved from sale the      
tracts of land indicated upon the plat herein inclosed.                

Very respectfully, your obedient servant,                           

J. P. USHER, Secretary.                                             

JAMES M. EDMUNDS, Esq., Commissioner General Land Office.