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- **Document type:** Tribal code

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University of Oklahoma College of Law

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American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899
7-3-1890

Message from the President of the United States, transmitting an
agreement between the Cherokee Commission and the Iowa
Indians in the Indian Territory

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Recommended Citation
S. Exec. Doc. No. 171, 51st Cong., 1st Sess. (1890)

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51ST CoNGREss, }

~ENATE.

1st Session.

Ex.Doo.
{ No. 1'71.

MESSAGE
FROM THE

PRESIDENT OF THE UNITED STATES,
TRANSMITTING

An agreement between the Cherokee Commission and the Iowa · Indians in
the Indian Territory.

JULY 3, 1890.-Read, referred to the . Committee on Indian Affairs, and ordered to

be

printed.

To the Senate and House of Representatives :
I transmit herewith, as required by section 14 of the act of March 2,
1889, an agreement concluded on the 20th day of May last between the
Commissioners on behalf of the United States, commonly known as the
Cherokee Commission, and the Iowa Indians residing in the Indian
Territory.
A letter of the Secretary of the Interior, which is accompanied by
communications from the Commissioner of Indian .Affairs and the Assistant .Attorney-General, is also submitted.
These papers present a full and clear statement of the matters of
fact anfl ·questions oflaw which Congress will need to consider in passing upon the question of the ratification of the agreement which is sub.
mitted for its consideration and such action as may be deemed proper.
BENJ. HARRISON.
EXECUTIVE MANSION,
July 2, 1890.

DEPARTMENT OF THE INTERIOR,
Washington, June 27, 1890.
The PRESIDENT:
On the 2d day of June there was received at this Department the
inclosed 'communication to you, signed by the members of the Cherokee
Commission. It was accompanied by the articles of agreement inclosed,
dated May 20, 1890. The fact of the arrival of these documents was
made known to you without delay; but as there was a serious question
relating to the validity of the contract, because the members of the
Iowas of Kansas and Nebraska had not signed, the papers have been
detained, pending such investigation as would enable me to form a
satisfactory conclusion on the point presented.
It may be best first to present an abstract of the agreement itself,
and the statistics relating thereto, and afterwards present for your

2

'

IOWA INDIANS IN INDIAN TERRITORY.

consideration the question whether the contract should be ratified
without the signatures of the Iowas of Kansas and Nebraska.
The agreement itself provides for a cession by the Iowas of all the
reservation in the Indian Territory set apart by Executive order
August 15, 1883, saving to each Indian an allotment of 80 acres, to
conform to usual survey, an Indian having improvements gaining a
preference therefor; all to be made at cost of tlle United States and
under the rules of the Secretary of the Interior by speciaJ agents, and
within sixty days after the special agents shall appear on the reservation and give notice. If any one fails to make his or her selection the
agent shall make the selection for the Indian. ~~And when all said
allotments are made and approved then the residue of said. reservation, except as hereinafter stated, shall, as far as said Iowa Indians are
concerned, become public lands of the United States." (Art. III.)
Patents are to issue holding the allotments in trust for twenty-five
years, not subject to tax, etc., and thereafter in fee to Indians, their
heirs or devisees. Ten acres in ·square form, including church, graveyard, and school-house at Iowa Village, are reserved. When allotments
are made the Commissioner of Indian Affairs is to expend $24,000 for
improvements (specifically enumerateest information. The lauds in the Iudiau Territory have been agreed to l>e sold at about 38 ceuts an acre, allotments
being also granted. This low price is accepted by the Iowas there
evidently because of their knowledge of tile weakness of even their
own claim.
There is abundant laud on the Kansas and Nebraska reservation for
allotment to all there~ as above shown; the survey, sale, and allotments
will be ordered without further delay, and insisted upon until consummated; and it is n(jt perceived but that this must result in a much
greater advantage to these Indians than they could obtain in the Indian
Territory. It is to be remembered they can not have both-their allotment in Kansas and Nebraska and also their claim in a reservation to
which they have never removed.
The act of 1887 clearly exhibited that it was not then expected that
the tribe would remove and secure a patent elsewllere, but that the
plan of allotments on the reservation and sale of the remainder thereof
was to be pursued. This was about two years after assent in council
to remove.
Moreover, it is to be noticed that were these Indians in Nebraska
and Kansas now to demand or receive allotments in the Indian Territory or the proceeds of lands sold there under the agreement with the
Cherokee commissioners, they would thereby forfeit their claims to the
Yery favorable terms of the laws of 1885 and 18·"7.
It is deemed to so construe this law on the whole subject as to require the assent of the Iowas in Nebraska and Kansas, and thus require
or induce them to forfeit their present advantages, would not be protecting their best interests.
There having been no consent to accept the reservation since the last
Congre8sional exercise of its control (the act of 18o7), and no actual
occupancy of the Indian Territory reservation by those of Kansas and
Nebraska, it is deemed the Iowas in the Indian Territory were the only
ones necessary to consult, and they only out of a disposition to induce
them to go upon allotments and to cultivate them in a contented state
of mind. If the Iowas of Nebraska and Kansas hereafter claim a reservation for such as will not accept allotments where they are, it can be
given if deemed necessary or proper. They may be settled even east
of the Western Oherokee line.
·
Congress has complete power and jurisdiction on consideration of
this .question to control the subject by legislation as it deems best for
the tribe. (United States vs. Kagama, 118 U. S. S. C. R., 375; Choctaw Nation vs. United States, 119 U. S., 27.)
The views of the Acting Commissioner of Indian Affairs and of the
Assistant Attorney-General, that differ with my own, are herewith submitted.
Most respectfully,
JOHN W. NOBLE,
Secretary.

lOW A INDIANS IN INDIAN TERRITORY.

IOWA VILLAGE, May 28, 1890.
SIR: We have the honor now to make report to you in pursuance of the

I

act of Congress authorizing the creation of what is commonly known
as the Cherokee Commission. Under the in~tructions of the Hon. Secretary of the Interior the commission met at Guthrie, Oklahoma, on
the 12th instant.
After securing transportation and making other necessary preparations for visiting the Indians at their home, we left Guthrie on the 16th
and arrived at the Iowa Village on tbc 17th instant.
After conferring with Chief Tohee and other members of the tribe a
meeting was arr~nged for that afternoon, which was held. Some three
hours were spent in discussing the wants of the Government in a general way by the commissioners, and the Indians in a like general way
presented their objections to any change in their condition or circumstances.
On Monday the 19th another conference was held and much talk was
had, when the commission presented to them a definite proposition providing for allotments in severalty of 80 acres of· land for each Iowa
Indian residing upon the reservation and money payments as follows:
Twenty-four thousand dollars to be paid out under the direction of
the Com missioner of Indian Affairs, as nearly per capita as may be, in
the improvement of their allotments, buying breeding animals, agricultural implements and seeds; also $3,600 per annum, payable semi-annually for the first five years after the contract shall take effect; $3,000
per annum, payable semi-annually for the second five years after the
contract shall take effect; $2,400 per annum, payable semi-annually
for the third five years after the contract shall take effect; $1,800 per
annum payable semi-annually for the fourth five years after the contract
shall take effect; and $1,200 per annum payable semi-annually for the
fifth five years after the contract shall take efl:'ect.
On Tuesday, the 20th, another council was held, when three of the
most advanced and intelligent members of the tribe accepted the offer
and signed the contract.
On the night of our arrival the Iowas held a grotesque dance to the
music of a uass drum accompanied by sleigh-bells.
This exercise was said to be for the purpose of invoking aid from on
high to guide tllem in their negotiations with the commissioners. The
dancing was continued Sunday and parts of other days dudng our stay,
l.mt negotiation~ were pushed quietly from day to day until a successful
result was reached.
Before closing the contract, at the request of many Indians and at
the dictation of humanity, an additional sum of $350 was p!·ovided for
Chief Tohee because of . his total blindness and complete helplessness.
The lowas are but little advanced in civilization and the older men
are especially ad verse to adopting or even approaching the ways of the
white man. They seem unwilling to have their children educated, and
seem afraid of contact with the whites, therefore in the contract we
have adopted the plan em braced in the general allotment act of Congress, that the United States shall hold title in trnst in their lands for
a period of twenty-five years. These Indians are poor indeed.
Tile most intelligent among them inform us that many have no regular meals or meal time, but cook and eat whenever they have anything
to cook and eat, whether it is twice in one day or once iu t\"\·o days.
With a large reservation of much very goodland a great majority of

IOWA INDIANS lN INDIAN TEHRITORY.

7

them could not or would not live without annuities from the Government. They live in bark houses, admirably adapted to summer use
while rains are not upon them. There seems to be now no incentive to
·energ,v; to exist is all that is required-a realization of the communist's
dream-much property held in common, with greater poverty the common lot of all.
The Iowas have no government that we are made aware of.
They have a chief and he has some advisers of his own selection,
but no one seems to have authority to control ordirect. In conference
with the commission an,y Indian seemed to have as much to say and .with
as much authority as the 'Chief.
No person or set of persons assumed or claimed the right to make
arrangements or contract with the Government by virtue of any position, official or otherwise, ·.eld by him or them; so that we were compelled to and did deal with the tribe. Of the chief and four advisers,
we have secured the signatures of three to the contract, a majority of
one. Of the twenty-three male members of the tribe over eighteen
years of age residing and being on the reservation, we have secured the
signatures of thirteen. Of less than fifty members of the tribe, male
and female, over the age of eighteen years, we have secured the signatures of thirty-four. Of an entire population of about eighty-six men,
women, and children, we have secured the signatures of those over
eighteen years of age that represent sixty-two.
Those that did not sign the contract, a small minority in any way
considered, all united in saying the contract was good and fair and
H!)eral, but they would not sign it simply because they did not want to.
The Iowa Reservation contains 228,418 acres. .
The Iowa tribe residing on said reservation is composed of eighty-six
persons, as nearly as we can arrive at the number.
The allotments and church and school-house reservation contain (if
eighty-six allotments shall prove correct) 6,890 acres.
The residne, 221,528 acres, becomes the land of the United States,
with all Indian titles, claims, and interests 13xtinguished.
The amount agreed to be paid for such relinquishment is in the aggregate $84,350, or 38 cents per acre. But $60,000 of the money to be paid
is in annuities extepding over the period of twenty-five years, the present worth of which, computing interest at 5 per cent. per annum, is in
round numbers $37,000, making the aggregate $61,350, or less than 28
cents per acre.
The Commission is aware of the very limited extent of the Iowas' real
title and interest in and to said tract of country, but their claim is absolute ownership, they believing, or assuming to believe, that an executive order signed by the great father, setting land apart for their permanent use and occupation, makes absolute title. The standard of intelligencP among the Iowas makes it exceedingly difficult to make them
understand that they have but a limited and qualified interest. Other
negotiations in the Territory perfected and pending, and especially the
Oklahoma purchase, have come to their knowledge, and their minds had
become fixed upon allotments of 160 acres to each member of the tribe
and $1.25 an acre for the residue of the reservation; but the Commission,
knowing their title to be limited and their tenure even insecure, procured the contract herein described.
The Commission appreciates the outfit for camping, tram~portation,
and escort, commanded by an efficient officer in the person of Lieutenant
Crawford.

•

8

IOWA INDIANS IN INDIAN TERRITORY.

Our thanks are also especially due to Capt. H. C. Cavanaugh,
Thirteenth Infantry, U. S. Army, for his uniform courtesy and prompt
action in executing the order of the War Department to furnish the
above.
At the instance of the chief and other Indians the Commission made
and signed two supplemental articles of small import to the contract.
At the instance of the chief, because of the necessities of the Iowas,
the Commission agreed to recommend in its report (although foreign to
the purpose for which the Commission was created) that their annuities
provided for by existing laws shall be paid semi-annually instead of
annually, as he represents is now the practice. In compliance with such
agreement we make such recommendation.
The ()om mission is aware that the many conditions and times of payment provided for in the contract make it seem complicated, but in
view of the condition of the Iowas they are all, in the judgment of the
Commission, necessary for the best interest and comfort and prosperity
of the Indian.
A list of the signers to the contract and of the persons represented
by them is hereto appended.
We leave here to-day to visit and open negotiations with the Sacancl
Fox Indians.
.
We have tho honor to be, very respectfully, your obedient servants,
DAVID H. JEROME,
A.M. WILSON,
WARREN G. SAYRE,
Commissioners.
The PRESIDENT,
Washington, D. C.

List of signe1·s and pet·sons t•ep?·esentetl by thern.
William 'fohee, chief.
Maggie 'fohee, wife.
Emma 'fohee, niece.
Charles 'fohee, son.
Amelia 'fohee, niece.
Abrokinie.
Mary White Cloud, wife.
Nellie Green, mi-annually for the fourth :five year8 after this agreement shall
take effect, and one thousand two hundred dollars per annum, payable
semi-annually for the fifth five years after the agreement shall take
·effect. In all such payments each person over the ag·e of eighteen years

IOWA INDIANS IN

I~DIAN

TERRITORY.

11

shall receive and receipt for his or her share, and the father, or if he be
dead, the mother of any person entitled, who is under the age of eighteen
years of age, shall receive and receipt for his or ber share; and when
both father a·td mothet of such person be dead, the person, if an Iowa
Indian, wit.IJ whom such person makes his home, shall receive anrl receipt for snch }Wrson's shares, otherwise it shall be paid to the Indian
.agent of the Raid Iowa Indians for the use of such orphan. ·
ARTICLE VIII. It is hereby expressly agreed and undPrstoorl that
nothing herein contained shall in any manner affect any other claim not
mentioned herein that said Iowa tribe of Indians have against the United
States; nor shall this agreement in any manner affect any interest that
.said tribe or its members may have in any reservation of land outside
<>f th~ Indian Territory, nor shall this agreement in any manner affect ·
.any annuities or payments, principal or interest, due to said tribe or its
members by existing laws or treaties with the United States.
ARTICLE IX. William Tohee, the chief of the Iowas, is incurably
blind and helpless, an~ has a wife, Maggie Tohee, an Iowa woman,
but by whom William has no child. William is not only helpless but
requires and receives the constant care and attention of Maggie, so that
neither can give attention to matters of business or labor or devote their
time or energy to procuring a living; therefore it is mutually agreed,
in addition to the provisions hereinbefore made for the Iowas, including
said William and Maggie, that the United States will pay out to or for
the use of said William, under the direction of the Commissioner of Indian Affairs, the sum of three hundred and fifty dollars. Because of
the relation between the said William and Maggie and the care that he
requires of her and that she bestows upon him, it is agreed that the patents to them creating the trust in the United States for them for the
period of twenty-five years shall further recite and provide that in the
event of death of either said William or :Maggie during said period of
twenty-five years then the possession and use of the lands allotted to
both shall be in the survivor, and patents for the laud allotted to both
shall issue to the survivor, discharged of the said trust at the expiration of the said twenty-five years, provided said parties shall be living
together as man and wife until tlw death of either.
ARTICLE X. This agreement shall be in force from and after its ap·
pro val by the Congress of the United States.
In witness whereof we bave hereunto set our hands and seals the day
and year first abov(', written.
David H. Jerome, A.M. Wilson, Warrt>.n G. Sayre, commissioners
on the part of the United States.
Jefferson White Cloud (his x mark), Kirwan Murray, Victor
DupeP-, ·b;hza ICeebolte, Eva White, William Tobee. chief,
(!Jis x mark), Maggie Tohee (her x mark), Charles Tohee,
Emma Tohee, David Tohee, Garrie Squirrel, Susan Squirrel
(her x mark), Abrockanie (John Green) (!Jis x mark), Mary
White Uloud (her x mark), Nellie Green (l..ter x mark), Albert
Ely (his x mark), Julia Ely (her x mark), Naw-a-tawmy (her
x mark), Moses (his x mark), Lucinda R. Moses (her x mark),
Willie Dole, Josie Dole (her x mark), Tom Dorian (his x
mark), Catharine Dorian (her x mark), Mary f?quirrel (her x
mark), Widow Tohee (her x mark), J\iar.r Tobee (her x mark),
Elleu \Vhite Cloud (her x mark), Mary Murray (her x mark),
Kis -tom-ie (her x mark), Big Ear (his x mark), Theresa Big
Ear (her x mark), Julia \Vasilingt'On (her x mark), Anna
Hul>ideau (uer x lllf tbe tribe, and as the Iowa Indians on the reservation in the Indian
Territory have an interest·in the fund derived from the sale of the reservation in Nebraska and Kansas, it would .seem but simple justice that
those iu Nebraska and Kansas should be permitted to go upon said reservation and share in the proceeds of the sale of the reservation in the
Indian Territory. If, however, it should be deemed impracticable, in
view of the fact that they have never lived on the Indian Territory res
ervation, and that it was set aside by Executive order before the passage of said act of 1855 providing for" other reservation lands," or for
any other reason, to recognize their rights in this specific tract of land,
Congress, to which this agreement must be referred for ratification,
having jurisdiction of the whole subject, will no doubt protect their
rights. Under the treaty of 1866 with the Cherokees Congress can
settle friendly Indians on the Cherol{ee Reservation either east or west of
the ninety ·sixth parallel (Articles XV and XVI, 14 Stats., 803). So that
Congress may yet provide a reservation in the Indian Territory for those
Iowa Indians who do not wish to take allotments under the act of 1885
in Kansas and Nebraska, or it may recognize their rights in the present
Iowa Reservation set apart by Executive order in 1883. The Supreme
Court, in the case of the Choctaw Nation vs. United States, speaking of
the Indians, says :

, ··

From their very weakness and helplessness, so largely due to the course of dealing
of the Federal Government with them and the treaties in which it has been promised,
there arises a dnty of protection, and with it the power. This has always been recognized by the Executive and by Congress and by this court whenever the question
has arisen (119 U.S., 27).

The papers submitted are herewith returned.
Very respectfully,
GEO. H. SHIELDS,
Assistant Attorney- General.
The SECRETARY OF THE IN:I'ERIOR.

o ·

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