The importance of this consent does not rest solely upon the extent to which the Indians have the right of ownership over this land. The fact that the procurement of this consent is the most effective means of allaying the discontent which might arise and perhaps develop into a train of lamentable and destructive outbreaks of violence particularly emphasizes its importance.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 5, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 5368, entitled "An act for the relief of H.W. McConnell."

The reports of both the Senate and House committees, which favorably reported this bill, disclose an intention to partially relieve the former postmaster at Jacksboro, in the State of Texas, from liability on account of two remittances of postal funds which he dispatched at different times during the year 1883 to be deposited at Dallas, in the same State, and which were lost by robberies of the stage conveying the same. In dealing with the first remittance the committees report that the postmaster should be relieved of liability to the amount of only $94, the loss of the remainder of the money being chargeable to his neglect and violation of postal regulations. As to the second remittance, the committees report that by reason of like neglect and violation of regulations the postmaster should be held responsible for the loss of all the money transmitted except the sum of $42.

For these two sums, amounting to $136, an appropriation is made for the benefit of H.W. McConnell.

The name of the postmaster intended to be relieved is H.H. McConnell, as appears by the records of the Post-Office Department. The person to whom the money appropriated should be paid is therefore not correctly named in the bill.

An examination of this postmaster's accounts discloses the further fact that the amount proposed to be appropriated for his relief is too large by $42, that being the sum allowed him by reason of the second stage robbery. This item has already been credited to him in the adjustment of his accounts at the Post-Office Department, and the claim for its reimbursement has been thereby extinguished.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 12, 1895.

To the Senate:

I return herewith without approval Senate bill No. 143, entitled "An act for the relief of the heirs of D. Fulford."

This bill directs the Secretary of the Treasury "to redeem, in favor of the heirs at law of D. Fulford, four bonds of the United States, consols of 1867, of the denomination of $500, $100, $50, and $50, and known as five-twenties, said bonds having been destroyed by fire the 9th day of July, 1872, and to pay to the heirs at law of said D. Fulford the amount of said bonds, together with accrued interest from July 1, 1872, to the date of the maturity of said bonds."

The bill further provides that the heirs to whom the payment is to be made shall execute and file with the Secretary of the Treasury a bond "conditioned to save harmless the United States from loss or liability on account of said bonds or the interest accrued thereon, and to contain such words as to cover any liability resulting from any mistake in the designation or description of the bonds, so that in no event shall the United States be called upon by a rightful claimant for a second payment thereof."

The proposition is that the Government shall pay bonds alleged to have been destroyed by fire nearly twenty-three years ago.

The Secretary of the Treasury states that an application for the payment of these bonds, made by Mr. Fulford himself, was rejected by the Department because he was unable to describe the bonds in such a way as to permit their identification and because the evidence of their destruction by fire was inconclusive.

The Senate Committee on Claims, however, in their report on the bill under consideration, state that they are entirely satisfied that Mr. Fulford was the owner of four Government bonds, one for $500, one for $100, and two for $50, and that they were burned with his residence, which was destroyed by fire on the 9th day of July, 1872, and that while he could not furnish the numbers or descriptions of said bonds he understood all these bonds were of the class known as consols of 1867, and that he had collected the coupons thereon for the interest due July 1, 1872.

The particular class of bonds mentioned were dated July 1, 1867, and were payable or redeemable not less than five nor more than twenty years from their date. The short period expired, therefore, on the 1st day of July, 1872. That was the date when the last coupons on Mr. Fulford's bonds, which it is alleged were detached and collected, became due, and only nine days before the supposed destruction of the bonds by fire.

A letter from the Secretary of the Treasury dated July 20, 1892, attached to the report of the Senate committee made upon a bill similar to this which was pending at that time, discloses the fact that among the consols of 1867 then outstanding there were 107 of the denomination of $500, 167 of the denomination of $100, and 85 of the denomination of $50. This statement merely shows that there were numerous bonds precisely similar to those described as belonging to Mr. Fulford which had not in July, 1892, been redeemed, though the extreme limit of their maturity expired on the 1st day of July, 1887. The letter of the Secretary further discloses, however, that there were two of these outstanding bonds of the denomination of $500 and two of the denomination of $100 upon which coupons of interest had not been paid since July 1, 1872. Of course this lends plausibility to the suggestion that two of these four bonds, one of each denomination, were those destroyed when Mr. Fulford's house was burned in July, 1872; but this suggestion loses its force under the additional statement in the letter of the Secretary of the Treasury that in July, 1892, there were no consols of 1867 of the denomination of $50 whose last coupon was paid July 1, 1872. This shows conclusively that no fifty-dollar bonds of this class were destroyed by fire in Mr. Fulford's house and casts great uncertainty upon the description of the other bonds, inasmuch as the theory of the claimants seems to be that all the bonds destroyed belonged to the same class.

In 1893, upon an examination of the records of the Treasury Department, it was found that the two unpaid bonds for $500 reported in 1892 as outstanding, from which no coupons had been paid since July 1, 1872, still remained unredeemed, but that one of the two one-hundred-dollar bonds which were in that condition in 1892 had been since that time paid and canceled. I think it must be conceded that this late redemption of this bond greatly weakens any presumption that the other three will not be presented for payment.

It is perfectly clear that so far as this bill directs the payment to the persons therein named of two consols of 1867 of the denomination of $50 each on the ground that such bonds were destroyed by fire in July, 1872, it requires the payment of money to those not entitled to it, since it is shown that these consols could not have been destroyed at the time stated, because coupons due on all consols of that denomination unredeemed have been paid since that date.

While the objections to the payment of the amount of the other two bonds mentioned in the bill are less conclusive, there seem to be so much doubt and uncertainty concerning their description and character, and their identification as unredeemed consols of 1867 is so unsatisfactory, that, in my opinion, it is not safe to assume, as is done in this bill, that they are represented among those bonds of that class recorded as still outstanding whose coupons for some reason have not been presented for payment since July 1, 1872.

I do not believe that an indemnity bond could be drawn which, as against the strict rights of sureties, would protect the Government against double liability in case all the payments directed by this bill were made. Even if the payments were confined to the two larger consols described, there would be great difficulty in framing a bond which would surely indemnify the Government.

There should always be a willingness to save the holders of Government securities from damage through their loss or destruction, but, in my judgment, a bad precedent would be established by paying obligations whose destruction and identification are not more satisfactorily established than in this case.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 19, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 6244, entitled "An act to remove the charge of desertion from the military record of Jacob Eckert."

This bill directs the Secretary of War "to cause the records of the War Department to be so amended as to remove the charge of desertion from the service record of Jacob Eckert, of New Philadelphia, Ohio, late a private in Company B, Sixty-first Ohio Volunteer Infantry, and to grant an honorable discharge to said Jacob Eckert from the service of the United States Army as of date when said company was mustered out of service."

The regiment and company to which this soldier belonged, except such members as reenlisted as veterans, were mustered out of the service October 17, 1864.

Jacob Eckert did not reenlist and was not mustered out with his comrades for the reason that he was then under arrest on a charge of desertion. In November, 1864, he was tried by a general court-martial and convicted of having deserted on the 1st of September, 1864, and again on the 2d day of September, 1864, and upon such conviction he was sentenced to forfeit all pay due him from September 1, the date of his first desertion, until the expiration of his term of service, to be dishonorably discharged and confined at hard labor for twelve months.

This sentence was approved by the reviewing authority, and I assume the convicted soldier served his term of imprisonment, since the statement contained in the report of the House committee to whom this bill was referred that he was dishonorably discharged in 1865 can be accounted for in no other way.

It seems to me that the provisions of this bill amount to a legislative reversal of the judgment of a regularly constituted court and a legislative pardon of the offense of which this soldier was convicted. If this doubtful authority is to be exercised by Congress, it should be done in such a manner as not to restore a man properly convicted and sentenced as a deserter, without even the allegation of injustice, to the rights of pay, allowance, and pension belonging to those who faithfully and honorably served in the military service of their country according to the terms of their enlistment.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 20, 1895.

To the Senate:

I return herewith without approval Senate bill No. 1526, entitled "An act for the relief of Henry Halteman."

This bill directs the Secretary of War "to grant an honorable discharge from the United States service to Henry Halteman, late of Company F, Second United States Artillery."

It is conceded that this soldier enlisted in the Regular Army on the 18th day of December, 1860, for the term of five years and that he deserted on the 18th day of August, 1865. The only excuse or palliation offered for his offense is found in the statement that his desertion was provoked by his company's being ordered to California so near the termination of his enlistment that his term would have expired before or soon after his company could have reached California, and "that his return would have been both tedious and somewhat perilous, if not expensive."

The fact must not be overlooked that this soldier enlisted in the Regular Army and that his term had no relation to the duration of the war or the immediate need of the Government for troops at the time of his desertion. The morale and discipline of the Regular Army are therefore directly involved in the proposed legislation.

The soldier's name remained on the records of the War Department as a deserter at large for twenty-three years, and until the year 1888. In August of that year application was made to the Department for the removal of the charge of desertion against him, which was refused on the ground that it was not shown that such charge was founded in error. Thereupon he applied for a discharge without character, as it is called, as of the date of his desertion. This was granted on the 21st day of September, 1888. Such discharges, which were not uncommon at that time, omitted the certificate of character which entitled the soldier to reenlistment.

In 1892 a bill similar to that now under consideration was referred to the Adjutant-General of the Army and was returned with an adverse report.

The record of the War Department on the subject of this soldier's separation from the Army is absolutely correct as it stands, and no sufficient reason is apparent why another record should be substituted. If this deserter is to be allowed an honorable discharge, I do not see why every deserter should not be absolved from the consequences of his unfaithfulness.

The effect of this bill if it should become a law would be to allow the beneficiary not only a pensionable status, but arrears of pay and clothing allowances up to the date of his desertion and travel allowance from the place of his desertion to the place of his enlistment.

It is not denied that all these things have been justly forfeited by deliberate and inexcusable desertion. In the case presented it seems to me that the laws and regulations adopted for the purpose of maintaining the discipline and efficiency of the Army ought not to be set aside.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 23, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 8165, entitled "An act authorizing the Kansas City, Oklahoma and Pacific Railway Company to construct and operate a railway through Indian reservations in the Indian Territory and the Territories of Oklahoma and New Mexico, and for other purposes."

This bill contains concessions more comprehensive and sweeping than any ever presented for my approval, and it seems to me the rights and interests of the Indians and the Government are the least protected.

The route apparently desired, though passing through or into one State and three Territories, is described as indefinitely as possible, and does not seem to be subject to the approval in its entirety of the Secretary of the Interior or any other governmental agency having relation to the interest involved.

There is no provision for obtaining the consent of the Indians through whose territory and reservations the railroad may be located.

Though it is proposed to build the railroad through territories having local courts convenient to their inhabitants, all controversies that may arise out of the location and building of the road are by the provisions of the bill to be passed upon by the United States circuit and district courts for the district of Kansas "and such other courts as may be authorized by Congress."

The bill provides that "the civil jurisdiction of said courts is hereby extended within the limits of said Indian reservations, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act." This provision permits the subordination of the jurisdiction of Indian courts, which we are bound by treaty to protect, to the "provisions of this act" and to the interests and preferences of the railroad company for whose benefit the bill under consideration is intended.

A plan of appraisal is provided for in the bill in case an agreement can not be reached as to the amount of compensation to be paid for the taking of lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes or by allotment or agreement with the Indians. It is, however, further provided that in case either party is dissatisfied with the award of the referees to be appointed an appeal may be taken to the district court held at Wichita, Kans., no matter where on the proposed route of the road the controversy may originate. If upon the hearing of said appeal the judgment of the court shall be for the same sum as the award of the referees, the costs shall be adjudged against the appellant, and if said judgment shall be for a smaller sum the costs shall be adjudged against the party claiming damages. It does not seem to me that the interests of an Indian occupant or allottee are properly regarded when he is obliged, if dissatisfied with an award for the taking of his land, to go to the district court of Kansas for redress, at the risk of incurring costs and expenses that may not only exceed the award originally made to him, but leave him in debt.

It is probable that there are other valid objections to this bill. I have only attempted to suggest enough to justify my action in disapproving it.

In constructing legislation of this description it should not be forgotten that the rights and interests of the Indians are important in every view and should be scrupulously protected.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 23, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 5740, entitled "An act incorporating the Society of American Florists."

No sufficient reason is apparent for the incorporation of this organization under Federal laws. There is not the least difficulty in the way of the accomplishment under State laws by the incorporators named in the bill of every purpose which can legitimately belong to their corporate existence. The creation of such a corporation by a special act of Congress establishes a vexatious and troublesome precedent.

There appears to be no limit in the bill to the value of the real and personal property which the proposed corporation may hold if acquired by donation or bequest. The limit of $50,000 applies only to property acquired by purchase.

A conclusive objection to the bill is found in the fact that it fails to carry out the purposes and objects of those interested in its passage. The promoters of the bill are florists, who undoubtedly seek to advance floriculture. The declared object of the proposed incorporation is, however, stated in the bill to be "the elevation and advancement of horticulture in all its branches, to increase and diffuse the knowledge thereof, and for kindred purposes in the interest of horticulture."

It is entirely clear that the interests of florists would be badly served by a corporation confined to the furtherance of garden culture.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 23, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 4658, entitled "An act granting a pension to Hiram R. Rhea and repealing an act approved March 3, 1871."

The person named in the title of this bill was pensioned under the provisions of a private act passed March 3, 1871. In 1892 a letter from the Commissioner of Pensions was presented to Congress exhibiting facts which established in a most satisfactory manner that the claim for pension allowed by said special act was a barefaced and impudent fraud, supported by deliberate perjury. This letter appears to be the moving cause of the passage of the bill now before me. Payment of pension under the fraudulent act has been suspended since January 28, 1893, and since that time no information has been received from the fraudulent pensioner.

The circumstances developed called for the repeal of the law of 1871 lacing him upon the pension roll. This is accomplished in the second section of the bill under consideration, which section I would be glad to approve. This repeal, however, is accompanied by a provision in the first section of the bill directing the Secretary of the Interior to place upon the pension roll this identical fraudulent pensioner, under a certificate numbered precisely the same as that heretofore issued to him, "at a rate proportionate to the degree of disability from such gunshot wounds as may be shown to the satisfaction of said Secretary to have been received at the hands of Confederate soldiers or sympathizers while said Rhea was attempting to cooperate with the Union forces," etc.

Inasmuch as the letter of the Commissioner of Pensions to which reference has been made, and which forms part of the committee's report on this bill, is the basis of this repealing provision, and inasmuch as this letter furnishes evidence that the pensioner was when injured a very disreputable member of a band of armed rebels and was wounded by Union soldiers, I can not understand why the same bill which for this reason purges the pension rolls of his name should in the same breath undo this work and direct his name to be rewritten on the rolls.

If the facts before Congress justify the repeal of the law under which this man fraudulently received a pension for nearly twenty-two years, they certainly do not justify the provision directing his name to be put on the rolls again with a view to further examination of his case or for any other purpose.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 27, 1895.

To the House of Representatives:

I return herewith without approval House bill No. 2051, entitled "An act to grant a pension to Eunice Putman."

This bill provides for a pension to the beneficiary therein named as the helpless daughter of John Putman, who served as a private in the War of the Rebellion from August 27, 1864, to June 2, 1865. In 1870, when the beneficiary was not 2 years old, her mother died, and her father married again in 1872. He applied for a pension in 1884, but died the same year. His claim was allowed, however, in 1891, and his pension which had accrued between the date of his application and his death was paid to his widow, Jeanette S. Putman. Immediately thereafter a pension was allowed the widow in her own right, dating from the soldier's death, in 1884, with $2 additional per month for each of the two minor children. The beneficiary was not included because she had reached the age of 16 years prior to her father's death.

The report of the committee to whom this bill was referred states that no claim for pension on account of the soldier's death has ever been filed in the Pension Bureau, and it seems that upon this theory it was proposed to pension the daughter. I do not suppose it was intended that a double pension should be allowed. In point of fact, the widow has already been pensioned, and no such pension allowance has been made for the minor children. There is no suggestion that the widow has died or remarried.

If this bill should become a law, two full pensions would be in force at the same time, one to the widow and another to the daughter, each predicated upon the services and death of the same soldier.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 27, 1895.

To the House of Representatives:

I herewith return without approval House bill No. 6868, entitled "An act for the relief of Catherine Ott, widow of Joseph Ott."

An application by the beneficiary named in this bill, under the law of 1890, was rejected on the ground that her husband died in the service, and therefore had not been honorably discharged, as required by that law.

It appears that after he had served a number of years in a cavalry regiment, and having been once discharged for reenlistment, he was transferred to the Veteran Reserve Corps and was in that service at the time of his death.

In these circumstances the rejection of the beneficiary's claim on the ground stated is held, under present rulings of the Pension Bureau, to have been erroneous, and such claim can now be favorably adjudicated upon proof of continued widowhood of the applicant and the lack of other means of support than her daily labor.

If such proof is supplied, she would be entitled to a pension dating from July 14, 1890, which would be much more advantageous than the relief afforded by the bill herewith returned.

If the beneficiary can justly claim a pension dating from her application to the Pension Bureau in 1890, the benefits accruing to her therefrom should not be superseded by this special legislation, which allows relief only from the date of its enactment.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 28, 1895.

To the House of Representatives:

I herewith return without approval House bill No. 8681, entitled "An act authorizing the Arkansas Northwestern Railway Company to construct and operate a railway through the Indian Territory, and for other purposes."

The contemplated route of this railway, so far as it is disclosed in the bill, would run from a point in the southwestern corner of the State of Missouri, across the northeastern corner of the Indian Territory, to a point in the southeastern part of the State of Kansas. This route necessarily runs through the lands of the Cherokee Indians or through the small reservations of the Quapaws, the Peorias, the Ottawas, the Wyandottes, and the Senecas.

There is no provision in the bill requiring the consent of the Indians whose lands are to be thus traversed.

There is no provision requiring the entire line to be located and approved by the Secretary of the Interior before the work of building is commenced.

The bill provides for compensation to individual occupants or allottees by a process of appraisal by referees, with the right of appeal to the district court held at Fort Smith, in the State of Arkansas.

In the case of allotted land or land held in individual occupancy by the Indians great care should be exercised in interfering with their holdings. Their land is given them for cultivation and with a view of making them self-supporting and industrious citizens. If their land is invaded and cut up by railroads, the purpose of allotment is in danger of being defeated. Money compensation is of but little use to them, and no amount can compensate for the disturbance in the cultivation of their lands and their consequent discontent and discouragement.

These considerations, it seems to me, emphasize the necessity of the exact location of the entire line of the contemplated railroad and such control over it by the Secretary of the Interior as will enable him to avoid as much as possible interference with individual Indian occupants and other difficulties.

This supervision and regulation of the line can be done with much more safety and effectiveness in considering the entire line than it can be done in sections of 25 miles each, as is provided in the bill.

The United States circuit and district courts for the districts of Kansas and the district of Arkansas and such other courts as may be authorized by Congress are given concurrent jurisdiction of all controversies arising between the railway company and the nations and tribes of Indians through whose territory the railway shall be constructed, or between said company and the members of said nations or tribes, without reference to the amount in controversy, and the civil jurisdiction of said courts is extended within the limits of said Indian Territory, without distinction as to the citizenship of parties, so far as may be necessary to carry out the provisions of the act.

The requirement that an Indian shall be obliged to seek a distant court for the adjudication of his rights in his controversies, great and small, with this railway company would result in many cases to a denial of justice.

I am convinced of the growing necessity, in this period of change in our relations with the Indians, of caution and certainty in the grants given to railroads to pass through Indian lands and of the exercise of care in allowing interference with their occupation.

GROVER CLEVELAND.



EXECUTIVE MANSION, February 28, 1895.

To the House of Representatives:

I herewith return without approval House bill No. 5624, entitled "An act to authorize the Oklahoma Central Railroad to construct and operate a railway through the Indian and Oklahoma Territories, and for other purposes."

The railroad proposed to be built under authority of this bill commences at a point in the Creek Nation called Sapulpa and runs through the Indian Territory to Oklahoma City, in Oklahoma, and thence through the Kiowa and Comanche Reservation to a point at or near the Red River, on the west line of said reservation.

There is no provision in this bill requiring the consent of the Indians through whose lands it is proposed to build the road.

The character and situation of these Indians are such as to make this consent important.

The first section gives the railroad company the right to build not only its line of road, but "such tracks, turn-outs, branches, sidings, and extensions as said company may deem it to their interest to construct."

If under an apparent grant to build a railroad the route of which is in a general way defined this company is to be allowed to build such branches and extensions as it may deem it to its interest to construct, the grant, I am sure, is more comprehensive than was intended by the Congress.

It seems to me that the entire line of the proposed railroad should be precisely located and subjected to the approval of the Secretary of the Interior before the work of construction is entered upon. This bill provides that it shall be approved in sections of 25 miles before construction on such sections shall be commenced.

Our relations to the Indians on reservations and their welfare and quiet are better preserved and protected when the entire line of road can be settled upon at one time and all uncertainty and doubt on the subject removed. The object sought by submitting the line to the supervision and determination of the Secretary of the Interior can be better and more intelligently accomplished if it is dealt with in its entirety instead of in sections.

GROVER CLEVELAND.



PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

The following provisions of the laws of the United States are hereby published for the information of all concerned:

Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that—

No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory or in the waters thereof; and every person guilty thereof shall for each offense be fined not less than $200 nor more than $1,000, or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur seals, under such regulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur seal and to provide for the execution of the provisions of this section until it is otherwise provided by law, nor shall he grant any special privileges under this section.

Section 3 of the act entitled "An act to provide for the protection of the salmon fisheries of Alaska," approved March 2, 1889, provides—

SEC. 3. That section 1956 of the Revised Statutes of the United States is hereby declared to include and apply to all the dominion of the United States in the waters of Bering Sea; and it shall be the duty of the President at a timely season in each year to issue his proclamation, and cause the same to be published for one month in at least one newspaper (if any such there be) published at each United States port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all persons and seize all vessels found to be or to have been engaged in any violation of the laws of the United States therein.

Now, therefore, I, Grover Cleveland, President of the United States, hereby warn all persons against entering the waters of Bering Sea within the dominion of the United States for the purpose of violating the provisions of said section 1956 of the Revised Statutes; and I hereby proclaim that all persons found to be or to have been engaged in any violation of the laws of the United States in said waters will be arrested, proceeded against, and punished as above provided.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 18th day of February, A.D. 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: W.Q. GRESHAM, Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas an act of Congress entitled "An act to postpone the enforcement of the act of August 19, 1890, entitled 'An act to adopt regulations for preventing collisions at sea,'" was approved February 23, 1895:

Now, therefore, I, Grover Cleveland, President of the United States of America, do hereby give notice that said act of August 19, 1890, as amended by the act of May 28, 1894, will not go into force on March 1, 1895, the date fixed in my proclamation of July 13, 1894,[18] but on such future date as may be designated in a proclamation of the President to be issued for that purpose.

In testimony whereof I have hereunto set my hand and caused the seal of the United States of America to be affixed.

[SEAL.]

Done at the city of Washington, this 25th day of February, 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: W.Q. GRESHAM, Secretary of State.

[Footnote 18: See pp. 501-510.]



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, pursuant to section 1 of the act of Congress approved July 13, 1892, entitled "An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1893, and for other purposes," certain articles of agreement were made and concluded at the Yankton Indian Agency, S. Dak., on the 31st day of December, 1892, by and between the United States of America and the Yankton tribe of Sioux or Dakota Indians upon the Yankton Reservation, whereby the said Yankton tribe of Sioux or Dakota Indians, for the consideration therein mentioned, ceded, sold, relinquished, and conveyed to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of the reservation set apart to said tribe by the first article of the treaty of April 19, 1858, between said tribe and the United States; and

Whereas it is further stipulated and agreed by article 8 that such part of the surplus lands by said agreement ceded and sold to the United States as may be occupied by the United States for agency, schools, and other purposes shall be reserved from sale to settlers until they are no longer required for such purposes, but all of the other lands so ceded and sold shall immediately after the ratification of the agreement by Congress be offered for sale through the proper land office, to be disposed of under the existing land laws of the United States to actual and bona fide settlers only; and

Whereas it is also stipulated and agreed by article 10 that any religious society or other organization shall have the right for two years from the date of the ratification of the said agreement within which to purchase the lands occupied by it under proper authority for religious or educational work among the Indians, at a valuation fixed by the Secretary of the Interior, which shall not be less than the average price paid to the Indians for the surplus lands; and

Whereas it is provided in the act of Congress accepting, ratifying, and confirming the said agreement, approved August 15, 1894, section 12 (Pamphlet Statutes, Fifty-third Congress, second session, pp. 314-319)—

That the lands by said agreement ceded to the United States shall upon proclamation by the President be opened to settlement, and shall be subject to disposal only under the homestead and town-site laws of the United States, excepting the sixteenth and thirty-sixth sections in each Congressional township, which shall be reserved for common-school purposes and be subject to the laws of the State of South Dakota: Provided, That each settler on said lands shall, in addition to the fees provided by law, pay to the United States for the land so taken by him the sum of $3.75 per acre, of which sum he shall pay 50 cents at the time of making his original entry and the balance before making final proof and receiving a certificate of final entry; but the rights of honorably discharged Union soldiers and sailors as defined and described in sections 2304 and 2305 of the Revised Statutes of the United States shall not be abridged except as to the sum to be paid as aforesaid.

That the Secretary of the Interior, upon proper plats and description being furnished, is hereby authorized to issue patents to Charles Picotte and Felix Brunot and W.T. Selwyn, United States interpreters, for not to exceed 1 acre of land each, so as to embrace their houses near the agency buildings upon said reservation, but not to embrace any buildings owned by the Government, upon the payment by each of said persons of the sum of $3.75.

That every person who shall sell or give away any intoxicating liquors or other intoxicants upon any of the lands by said agreement ceded, or upon any of the lands included in the Yankton Sioux Indian Reservation as created by the treaty of April 19, 1858, shall be punishable by imprisonment for not more than two years and by a fine of not more than $300.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribes of Indians and by the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned, do hereby declare and make known that all of the lands acquired from the Yankton tribe of Sioux or Dakota Indians by the said agreement, saving and excepting the lands reserved in pursuance of the provisions of said agreement and the act of Congress ratifying the same, will, at and after the hour of 12 o'clock noon (central standard time) on the 21st day of May, 1895, and not before, be open to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreement, the statutes hereinbefore specified, and the laws of the United States applicable thereto.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Yankton Reservation, S. Dak., to be opened to settlement by proclamation of the President," and which schedule is made a part hereof.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 16th day of May, A.D. 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, Acting Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, pursuant to section I of the act of Congress approved July 13, 1892, entitled "An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1893, and for other purposes," certain articles of cession and agreement were made and concluded at the Siletz Agency, Oreg., on the 31st day of October, 1892, by and between the United States of America and the Alsea and other Indians on Siletz Reservation in Oregon, whereby said Alsea and other Indians, for the consideration therein mentioned, ceded and conveyed to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of said reservation, except the five sections described in article 4 of the agreement, viz: Section 9, township 9 south, range 11 west of the Willamette meridian; and the west half of the west half of section 5, and the east half of section 6, and the east half of the west half of section 6, township 10 south, range 10 west; and the south half of section 8, and the north half of section 17, and section 16, township 9 south, range 9 west; and the east half of the northeast quarter and lot 3, section 20, and south half and south half of north half of section 21, township 8, range 10 west; and

Whereas it is further stipulated and agreed by article 6 that any religious society or other organization shall have the right for two years from the date of the ratification of this agreement within which to purchase the lands occupied by it with proper authority for religious or educational work among the Indians, at the rate of $2.50 per acre, the same to be conveyed to such society or organization by patent; and

Whereas it is provided in the act of Congress accepting, ratifying, and confirming said agreement, approved August 15, 1894 (Pamphlet Statutes, pp. 286-338), section 15, that—

The mineral lands shall be disposed of under the laws applicable thereto, and the balance of the land so ceded shall be disposed of until further provided by law under the town-site law and under the provisions of the homestead law: Provided, however, That each settler under and in accordance with the provisions of said homestead laws shall at the time of making his original entry pay the sum of 50 cents per acre in addition to the fees now required by law, and at the time of making final proof shall pay the further sum of $1 per acre, final proof to be made within five years from the date of entry; and three years' actual residence on the land shall be established by such evidence as is now required in homestead proofs as a prerequisite to title or patent.

And whereas it is provided—

That immediately after the passage of this act the Secretary of the Interior shall, under such regulations as he may prescribe, open said lands to settlement, after proclamation by the President and sixty days' notice.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribe of Indians hereinbefore mentioned and the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, provided for, paid, and complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by said agreement, do hereby declare and make known that all of the lands acquired from the Alsea and other Indians by said agreement will, at and after the hour of 12 o'clock noon (Pacific standard time) on the 25th day of July, 1895, and not before, be opened to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreement, the statutes above specified, and the laws of the United States applicable thereto.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Siletz Indian Reservation, in Oregon, opened to settlement by proclamation of the President dated May 16, 1895," and which schedule is made a part hereof.

Warning is hereby given that no person entering upon and occupying said lands before said hour of 12 o'clock noon of the 25th day of July, 1895, hereinbefore fixed, will ever be permitted to enter any of said lands or acquire any rights thereto, and that the officers of the United States will be required to strictly enforce this provision, which is authorized by the act of August 15, 1894, hereinbefore mentioned.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 16th day of May, A.D. 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, Acting Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by a written agreement made on the 9th day of September, 1891, the Kickapoo Nation of Indians, in the Territory of Oklahoma, ceded, conveyed, transferred, and relinquished, forever and absolutely, without any reservation whatever, all their claim, title, and interest of every kind and character in and to the lands particularly described in article 1 of the agreement: Provided, That in said tract of country there shall be allotted to each and every member, native and adopted, of said Kickapoo tribe of Indians 80 acres of land, in the manner and under the conditions stated in said agreement, and that when the allotments of land shall have been made and approved by the Secretary of the Interior the title thereto shall be held in trust for the allottees respectively for the period of twenty-five years in the manner and to the extent provided for in the act of Congress approved February 8, 1887 (24 U.S. Statutes at Large, p. 388); and

Whereas it is further stipulated and agreed by article 6 of the agreement that wherever in this reservation any religious society or other organization is now occupying any portion of said reservation for religious or educational work among the Indians the land so occupied may be allotted and confirmed to such society or organization, not, however, to exceed 160 acres of land to any one society or organization, so long as the same shall be so occupied and used: and such land shall not be subject to homestead entry; and

Whereas it is provided in the act of Congress accepting, ratifying, and confirming the said agreement with the Kickapoo Indians, approved March 3, 1893 (27 U.S. Statutes at Large, pp. 557-563), section 3—

That whenever any of the lands acquired by this agreement shall by operation of law or proclamation of the President of the United States be open to settlement or entry they shall be disposed of (except sections 16 and 36 in each township thereof) to actual settlers only under the provisions of the homestead and town-site laws, except section 2301 of the Revised Statutes of the United States, which shall not apply: Provided, however, That each settler on said lands shall before making a final proof and receiving a certificate of entry pay to the United States for the land so taken by him, in addition to the fees provided by law and within five years from the date of the first original entry, the sum of $1.50 an acre, one-half of which shall be paid within two years; but the rights of honorably discharged Union soldiers and sailors as defined and described in sections 2304 and 2305 of the Revised Statutes of the United States shall not be abridged except as to the sum to be paid as aforesaid. Until said lands are opened to settlement by proclamation of the President of the United States no person shall be permitted to enter upon or occupy any of said lands, and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto: Provided, That any person having attempted to but for any cause failed to acquire a title in fee under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make homestead entry upon said lands.

And whereas allotments of land in severalty to said Kickapoo Indians have been made and approved in accordance with law and the provisions of the before-mentioned agreement with them; and

Whereas it is provided by the act of Congress for the temporary government of Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large, p. 92), that there shall be reserved public highways 4 rods wide between each section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason of such reservation; and

Whereas it is provided in the act of Congress approved February 10, 1894 (28 U.S. Statutes at Large, p. 37)—

That every homestead settler on the public lands on the left bank of the Deep Fork River in the former Iowa Reservation, in the Territory of Oklahoma, who entered less than 160 acres of land may enter under the homestead laws other lands adjoining the land embraced in his original entry when such additional lands become subject to entry, which additional entry shall not with the lands originally entered exceed in the aggregate 160 acres: Provided, That where such adjoining entry is made residence shall not be required upon the lands so entered, but the residence and cultivation by the settler upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon the land embraced in his additional entry; but such lands so entered shall be paid for conformably to the terms of the act acquiring the same and opening it to homestead entry.

And whereas it is further provided in the act of Congress approved March 2, 1895 (28 U.S. Statutes at Large, p. 899)—

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.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribes of Indians and by the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by other the laws of the United States and by the said agreement, do hereby declare and make known that all of said lands hereinbefore described, acquired from the Kickapoo Indians by the agreement aforesaid, will, at and after the hour of 12 o'clock noon (central standard time), Thursday, the 23d day of the month of May, A.D. 1895, and not before, be open to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in the said agreement, the statutes above specified, and the laws of the United States applicable thereto, saving and excepting such tracts as have been allotted, reserved, or selected under the laws herein referred to and such tracts as may be properly selected by the Territory of Oklahoma under and in accordance with the provisions of the act of March 2, 1895, hereinbefore quoted, prior to the time herein fixed for the opening of said lands to settlement.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Kickapoo Reservation, Oklahoma Territory, to be opened to settlement by proclamation of the President;" but notice is hereby given that should any of the lands described in the accompanying schedule be properly selected by the Territory of Oklahoma under and in accordance with the provisions of said act of Congress approved March 2, 1895, prior to the time herein fixed for the opening of said lands to settlement such tracts will not be subject to settlement or entry.

Notice, moreover, is hereby given that it is by law enacted that until said lands are opened to settlement by proclamation no person shall be permitted to enter upon or occupy the same, and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto. The officers of the United States will be required to enforce this provision.

And further notice is hereby given that all of said lands lying north of the township line between townships 13 and 14 north are now attached to the Eastern land district, the office of which is at Guthrie, Oklahoma Territory, and all of said lands lying south of the township line between townships 13 and 14 north are now attached to the Oklahoma land district, the office of which is at Oklahoma, Oklahoma Territory.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 18th day of May, A.D. 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, Acting Secretary of State.



A PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES.

Walter Q. Gresham, Secretary of State of the United States, is dead.

The President in making this distressing announcement to his fellow-countrymen speaks from the depths of a personal affliction to remind them that they too have lost a pure and able public servant, a wise and patriotic guardian of all their rights and interests, a manly and loyal American, and a generous and lovable man.

As a suitable expression of national bereavement, I direct that the diplomatic representatives of the United States in all foreign countries display the flags over their embassies and legations at half-mast for ten days; that for a like period the flag of the United States be displayed at half-mast at all forts and military posts and at all naval stations and on all vessels of the United States.

I further order that on the day of the funeral the Executive Departments in the city of Washington be closed and that on all public buildings throughout the United States the national flag be displayed at half-mast.

[SEAL.]

Done at the city of Washington, this 28th day of May, A.D. 1895, and of the Independence of the United States of America the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, Acting Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas the island of Cuba is now the seat of serious civil disturbances, accompanied by armed resistance to the authority of the established Government of Spain, a power with which the United States are and desire to remain on terms of peace and amity; and

Whereas the laws of the United States prohibit their citizens, as well as all others being within and subject to their jurisdiction, from taking part in such disturbances adversely to such established Government, by accepting or exercising commissions for warlike service against it, by enlistment or procuring others to enlist for such service, by fitting out or arming or procuring to be fitted out and armed ships of war for such service, by augmenting the force of any ship of war engaged in such service and arriving in a port of the United States, and by setting on foot or providing or preparing the means for military enterprises to be carried on from the United States against the territory of such Government:

Now, therefore, in recognition of the laws aforesaid and in discharge of the obligations of the United States toward a friendly power, and as a measure of precaution, and to the end that citizens of the United States and all others within their jurisdiction may be deterred from subjecting themselves to legal forfeitures and penalties, I, Grover Cleveland, President of the United States of America, do hereby admonish all such citizens and other persons to abstain from every violation of the laws hereinbefore referred to, and do hereby warn them that all violations of such laws will be rigorously prosecuted; and I do hereby enjoin upon all officers of the United States charged with the execution of said laws the utmost diligence in preventing violations thereof and in bringing to trial and punishment any offenders against the same.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 12th day of June, A.D. 1895, and of the Independence of the United States of America the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend Title LX, chapter 3, of the Revised Statutes of the United States, relating to copyrights," that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens, or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may at its pleasure become a party to such agreement;" and

Whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require;" and

Whereas satisfactory official assurances have been given that in Spain and her provinces and colonial possessions the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the subjects of Spain:

Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the subjects of Spain.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 10th day of July, 1895, and of the Independence of the United States the one hundred and twentieth.

GROVER CLEVELAND.

By the President: ALVEY A. ADEE, Acting Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

The constant goodness and forbearance of Almighty God which have been vouchsafed to the American people during the year which is just past call for their sincere acknowledgment and devout gratitude.

To the end, therefore, that we may with thankful hearts unite in extolling the loving care of our Heavenly Father, I, Grover Cleveland, President of the United States, do hereby appoint and set apart Thursday, the 28th day of the present month of November, as a day of thanksgiving and prayer to be kept and observed by all our people.

On that day let us forego our usual occupations and in our accustomed places of worship join in rendering thanks to the Giver of Every Good and Perfect Gift for the bounteous returns that have rewarded our labors in the fields and in the busy marts of trade, for the peace and order that have prevailed throughout the land, for our protection from pestilence and dire calamity, and for the other blessings that have been showered upon us from an open hand.

And with our thanksgiving let us humbly beseech the Lord to so incline the hearts of our people unto Him that He will not leave us nor forsake us as a nation, but will continue to us His mercy and protecting care, guiding us in the path of national prosperity and happiness, enduing us with rectitude and virtue, and keeping alive within us a patriotic love for the free institutions which have been given to us as our national heritage.

And let us also on the day of our thanksgiving especially remember the poor and needy, and by deeds of charity let us show the sincerity of our gratitude.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 4th day of November, A.D. 1895, and in the one hundred and twentieth year of the Independence of the United States.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas section 17 of the act of August 28, 1894, entitled "An act to reduce taxation, to provide revenue for the Government, and for other purposes," prohibits "the importation of neat cattle and the hides of neat cattle from any foreign country into the United States;" and

Whereas it is provided by the act of Congress approved March 2, 1895, entitled "An act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1896"—

That whenever the Secretary of Agriculture shall certify to the President of the United States what countries or parts of countries are free from contagious or infectious diseases of domestic animals, and that neat cattle and hides can be imported from such countries without danger to the domestic animals of the United States, the President of the United States may suspend the prohibition of the importation of neat cattle and hides in the manner provided by law.

And whereas the Secretary of Agriculture has now certified to me that the countries of Norway, Sweden, Holland, Great Britain, Ireland, the Channel Islands, and the countries of North, Central, and South America, including Mexico, are so far free from contagious or infectious diseases of domestic animals that neat cattle may be imported from those countries into the United States, under the sanitary regulations prescribed by the Secretary of Agriculture, without danger to the domestic animals of the United States, and that so far as the countries above named, as well as all other countries from which hides are imported into the United States, are concerned, they are so far free from contagious or infectious diseases of domestic animals that hides of neat cattle can be imported from all parts of the world, under proper regulations prescribed by the Secretary of the Treasury, without danger to the domestic animals of the United States: Now, therefore, I, Grover Cleveland, President of the United States, do hereby suspend the prohibition of the importation of neat cattle from the countries of Norway, Sweden, Holland, Great Britain, Ireland, the Channel Islands, and the countries of North, Central, and South America, including Mexico, and of the hides of neat cattle from all parts of the world; but all importations of neat cattle shall be made under the sanitary regulations prescribed by the Secretary of Agriculture and all importations of hides shall be made under proper regulations prescribed by the Secretary of the Treasury.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 8th day of November, 1895, and of the Independence of the United States of America the one hundred and twentieth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, Secretary of State.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, pursuant to section 5 of the act of Congress approved February 8, 1887 (24 U.S. Statutes at Large, p. 388), entitled "An act to provide for the allotment of lands in severalty to the Indians on the various reservations and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes," certain articles of cession and agreement were made and concluded at the Nez Perce Agency, Idaho, on the 1st day of May, 1893, by and between the United States of America and the Nez Perce Indians, whereby said Indians, for the consideration therein mentioned, ceded and conveyed to the United States all their claim, right, title, and interest to all the unallotted lands set apart as a home for their use and occupation by the second article of the treaty between said Indians and the United States concluded June 9, 1863 (14 U.S. Statutes at Large, p. 647), and included in the following boundaries, to wit:

Commencing at the northeast corner of Lake Wa-ha and running thence northerly to a point on the north bank of the Clearwater River 3 miles below the mouth of the Lapwai; thence down the north bank of the Clearwater to the mouth of the Hatwai Creek; thence due north to a point 7 miles distant; thence eastwardly to a point on the North Fork of the Clearwater 7 miles distant from its mouth; thence to a point on Oro Fino Creek 5 miles above its mouth; thence to a point on the North Fork of the South Fork of the Clearwater 1 mile above the bridge on the road leading to Elk City (so as to include all the Indian farms now within the forks); thence in a straight line westwardly to the place of beginning.

Saving and excepting the sixteenth and thirty-sixth sections of each Congressional township, which shall be reserved for common-school purposes and be subject to the laws of Idaho, and excepting the tracts described in articles 1 and 2 of the agreement, viz:

The said Nez Perce Indians hereby cede, sell, relinquish, and convey to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of said reservation, saving and excepting the following-described tracts of lands, which are hereby retained by the said Indians, viz:

In township 34, range 4 west: Northeast quarter, north half and southeast of northwest quarter, northeast quarter of southwest quarter, north half and east half of southwest quarter, and the southeast quarter of southeast quarter, section 13; 440 acres.

In township 34, range 3 west: Sections 10, 15, 36; 1,920 acres.

In township 33, range 3 west: Section 1; northwest quarter of northeast quarter, north half of northwest quarter, section 12; 760 acres.

In township 35, range 2 west: South half of northeast quarter, northwest quarter, north half and southeast quarter of southwest quarter, southeast quarter, section 3; east half, east half of northwest quarter, southwest quarter, section 10; section 11; north half, north half of south half, section 21; east half of northeast quarter, section 20; sections 22, 27, 35; 4,200 acres.

In township 34, range 2 west: North half, southwest quarter, north half and southwest quarter and west half of southeast quarter of southeast quarter, section 13; section 14; north half, section 23; west half of east half and west half of northeast quarter, northwest quarter, north half of southwest quarter, west half of east half and northwest quarter and east half of southwest quarter of southeast quarter, section 24; section 29; 2,700 acres.

In township 33, range 2 west: West half and southeast quarter, section 6; sections 16, 22, 27; north half and north half of south half, section 34; 2,880 acres.

In township 34, range 1 west: West half, section 2; sections 3, 4: north half and southwest quarter, section 8; north half, section 9; north half and north half of southwest quarter, section 18; northwest quarter, section 17; 2,960 acres.

In township 37, range 1 east: Section 20; section 21, less south half of south half of southwest quarter of southeast quarter (10 acres); 1,270 acres.

In township 36, range 1 east: South half of sections 3, 4; sections 1, 12; 1,920 acres.

In township 36, range 2 east: Sections 16, 17, 18, 20; all of section 25 west of boundary line of reservation; sections 26, 27; 4,240 acres.

In township 35, range 2 east: North half of sections 16, 17; section 27; north half of section 34; 1,600 acres.

In township 34, range 2 east: East half and east half of west half of southeast quarter, section 24; 100 acres.

In township 34, range 3 east: South half of sections 19, 20; north half, north half of south half, southwest quarter and north half of southeast quarter of southwest quarter, north half of south half of southeast quarter, section 23; north half, north half and north half of southwest quarter and southeast quarter of southwest quarter, southeast quarter, section 24; north half and southeast quarter of northeast quarter, north half of northwest quarter, section 25; south half of northeast quarter of northeast quarter, section 26; section 29; northeast quarter of northeast quarter and south half, section 30; northwest quarter and north half of southwest quarter, section 31, northeast quarter, north half and southeast quarter of northwest quarter, section 32; northwest quarter, north half of southwest quarter, section 33; 3,700 acres.

In township 33, range 4 east: South half of southeast quarter, section 18; northeast quarter and fraction northeast of river in east half of northwest quarter, section 19; fraction west of boundary line of reservation in section 22; west half and southeast quarter of section 35; 1,440 acres.

In township 32, range 4 east: Fraction in west half of northeast quarter of southwest quarter, fraction in northwest quarter of southeast quarter, section 1; section 2; south half of section 6; west half and southeast quarter of northeast quarter of section 9; 1,410 acres.

In township 31, range 4 east: South half of northeast quarter, southeast quarter of northwest quarter, northeast quarter of southwest quarter, southeast quarter, section 17; northwest quarter, section 21; 480 acres.

Total, 32,020 acres.

ART. II. It is also stipulated and agreed that the place known as "the boom" on the Clearwater River, near the mouth of Lapwai Creek, shall be excepted from this cession and reserved for the common use of the tribe, with full right of access thereto, and that the tract of land adjoining said boom now occupied by James Moses shall be allotted to him in such manner as not to interfere with such right; also that there shall be reserved from said cession the land described as follows: "Commencing at a point at the margin of Clearwater River, on the south side thereof, which is 300 yards below where the middle thread of Lapwai Creek empties into said river; run thence up the margin of said Clearwater River at low-water mark 900 yards to a point; run thence south 250 yards to a point; thence southwesterly in a line to the southeast corner of a stone building partly finished as a church; thence west 300 yards to a point; thence from said point northerly in a straight line to the point of beginning; and also the adjoining tract of land lying southerly of said tract, on the south end thereof, commencing at the said corner of said church, and at the point 300 yards west thereof and run a line from each of said points, one of said lines running on the east side and the other on the west of said Lapwai Creek, along the foothills of each side of said creek, up the same sufficiently far so that a line being drawn east and west to intersect the aforesaid lines shall embrace within its boundaries, together with the first above-described tract of land, a sufficient quantity of land as to include and comprise 640 acres."

And excepting the land embraced in the William Craig donation claim, in township 35 north, range 3 west. (See case of Caldwell vs. Robinson, Federal Reporter, vol. 59, p. 653); and

Whereas it is further stipulated and agreed by article 6 of the agreement that any religious society or other organization now occupying under proper authority, for religious or educational work among the Indians, any of the lands ceded shall have the right for two years from the date of the ratification of this agreement within which to purchase the land so occupied, at the rate of $3 per acre, the same to be conveyed to such society or organization by patent in the usual form; and

Whereas it is further agreed by article 9 of the agreement that the lands by this agreement ceded, those retained, and those allotted to the said Nez Perce Indians shall be subject for a period of twenty-five years to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the Nez Perce Indian allottees, whether under the care of an Indian agent or not, shall for a like period be subject to all the laws of the United States prohibiting the sale or other disposition of intoxicants to Indians; and

Whereas it is provided in the act of Congress accepting, ratifying, and confirming said agreement, approved August 15, 1894 (28 U.S. Statutes at Large, pp. 286-338), section 16—

That immediately after the issuance and receipt by the Indians of trust patents for the allotted lands, as provided for in said agreement, the lands so ceded, sold, relinquished, and conveyed to the United States shall be opened to settlement by proclamation of the President and shall be subject to disposal only under the homestead, town-site, stone and timber, and mining laws of the United States, excepting the sixteenth and thirty-sixth sections in each Congressional township, which shall be reserved for common-school purposes and be subject to the laws of Idaho: Provided, That each settler on said lands shall before making final proof and receiving a certificate of entry pay to the United States for the lands so taken by him, in addition to the fees provided bylaw, the sum of $3.75 per acre for agricultural lands, one-half of which shall be paid within three years from the date of original entry, and the sum of $5 per acre for stone, timber, and mineral lands, subject to the regulations prescribed by existing laws; but the rights of honorably discharged Union soldiers and sailors as defined and described in sections 2304 and 2305 of the Revised Statutes of the United States shall not be abridged except as to the sum to be paid as aforesaid.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribe of Indians hereinbefore mentioned and the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, provided for, paid, and complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by said agreement, do hereby declare and make known that all of the unallotted and unreserved lands acquired from the Nez Perce Indians by said agreement will, at and after the hour of 12 o'clock noon (Pacific standard time) on the 18th day of November, 1895, and not before, be opened to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreement, the statutes above specified, and the laws of the United States applicable thereto.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Nez Perce Indian Reservation, Idaho, to be opened to settlement by proclamation of the President," and which schedule is made a part hereof.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 8th day of November, A.D. 1895, and of the Independence of the United States the one hundred and twentieth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, Secretary of State.



EXECUTIVE ORDERS.

AMENDMENT OF CIVIL-SERVICE RULES.

Special Departmental Rule No. 1 is hereby amended by striking out the whole of the paragraph in section 3, Department of the Interior, relating to the Geological Survey and substituting in lieu thereof the following:

In the Geological Survey: Geologist, assistant geologist, paleontologist, assistant paleontologist, chief photographer, photographer, chief chemist, chemist, assistant chemist, chief engraver, engraver, assistant engraver, lithographic engraver, map printer, lithographic printer, assistant lithographic printer, map reviser, statistical experts temporarily employed.

Approved, December 4, 1894.

GROVER CLEVELAND.



AMENDMENT OF CIVIL-SERVICE RULES.

Departmental Rule VII is hereby amended by adding thereto the following section, to be numbered 9:

The Commission shall certify for transfer and reappointment to any classified non-excepted place in the departmental service, upon the requisition of the head of a Department, any person who at the time of making such requisition is holding an office outside the classified service in any Executive Department at Washington to which he was appointed from a classified place in the departmental service; and upon the requisition of any head of Department the Commission shall certify for reinstatement in the classified service of said Department any such officer who within one year next preceding the date of the requisition, by the abolition of his office or otherwise, has without delinquency or misconduct been separated from said office: Provided, That this section shall not authorize the reappointment to the classified service of any such officer or ex-officer who was appointed to his office from an excepted place, unless his appointment to such excepted place was by promotion from a nonexcepted place.

Approved, December 15, 1894.

GROVER CLEVELAND.



AMENDMENTS OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, January 3, 1895.

Postal Rule II, clause 5, is amended by striking out paragraph (e) and relettering paragraph (f) as (e), so that as amended the clause will read:

5. Exceptions from examination in the classified postal service are hereby made as follows:

(a) Assistant postmaster, or the chief assistant to the postmaster, by whatever designation known.

(b) One secretary to the postmaster, when authorized by law and allowed by the Post-Office Department.

(c) Cashier, when authorized by law and employed under that roster title.

(d) Assistant cashier, when authorized by law and employed under that roster title.

(e) Printers and pressmen, when authorized by law and allowed by the Post-Office Department and employed as such.

Approved:

GROVER CLEVELAND.



AMENDMENTS OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, February 12, 1895.

Departmental Rule VII, clause 8, is hereby amended to read as follows:

In case of the occurrence of a vacancy in any Department which the public interest requires shall be immediately filled, and which can not be so filled by certification from the eligible registers of the Commission, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: Provided, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: And provided further, That no person shall serve longer than the period herein prescribed in any one year under such temporary appointment.

The year limitation in regard to reappointment shall begin to run on the date of the original appointment.

Every such temporary appointment and the discontinuance of the same shall at once be reported to the Commission.

Postal Rule IV, clause 4, is hereby amended to read as follows:

4. In case of the occurrence of a vacancy in a position within the classified service of any post-office which the public interest requires shall be immediately filled, where there is no eligible remaining on the proper register, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1 and 2 of this rule: Provided, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: And provided further, That no person shall serve more than ninety days in any one year under such temporary appointment.

The year limitation in regard to reappointment shall begin to run on the date of the original appointment.

Every such temporary appointment and also the discontinuance of the same shall at once be reported to the Commission.

Approved:

GROVER CLEVELAND.



AMENDMENTS OF CIVIL-SERVICE RULES.

GENERAL RULES.

General Rule II: Strike out the word "five" in line 1 and insert in lieu thereof the word "six," and add at the end of the rule a new clause, as follows:

6. The classified internal-revenue service.

General Rule III, section 5: Insert after the word "may" in line 1 the words "in its discretion," and after the word "appointment" in line 2 the following: "or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct." As amended the section will read:

5. The Commission may, in its discretion, refuse to examine an applicant who would be physically unable to perform the duties of the place to which he desires appointment or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct. The reason for any such action shall be entered on the minutes of the Commission.

Section 9: In line 1 strike out the word "departmental," and after the word "service" in the same line and in line 2 the words "and the classified railway mail service."

General Rule V: In line 2 change the order of words and insert other words so as to make the phrase amended read as follows: "and postmasters and customs and internal-revenue officers and custodians of public buildings."

General Rule IV, section 2: Insert after the word "may" in line 1 the words "in its discretion."

DEPARTMENTAL RULES.

Departmental Rule II: In section 1, line 2, after the word "such," insert the word "other" and strike out the words "supplementary and special." In section 2, line 2, strike out the words "supplementary and special" and insert in lieu thereof the word "other."

Departmental Rule IV: In section 1, after the semicolon following the word "age" in line 4, insert the following: "or for the position of messenger or assistant messenger who is not under 18 years of age, or for the position of page or messenger boy who is not under 14 nor over 18 years of age."

Departmental Rule V: In section 2, paragraph 6, line 1, after the word "postal," insert the words "internal-revenue."

Departmental Rule VI: In section 1, line 2, after the word "of," strike out the words "special and supplementary" and insert in lieu thereof the word "other." In section 4, line 7, after the words "clerk-copyist," insert the words "or the messenger and watchman." In section 5, line 3, after the word "printing," insert the words "or for page or messenger boy."

Departmental Rule VII: In section 3, at the beginning of line 2, before the word "register," insert the words "the messenger or the watchman." In the second paragraph of the same section, in line 2, after the word "assistant," insert the words "or page or messenger boy."

Departmental Rule VIII: In section 1 insert a clause, to be lettered (c), as follows:

(c) From a bureau of the Treasury Department in which business relating to the internal revenue is transacted to a classified internal-revenue district, and from such a district to such a bureau in the Treasury Department, upon requisition by the Secretary of the Treasury.

The remaining clauses of the section to be relettered (d) and (e), respectively. In section 2, line 2, strike out the letter "d" in parentheses and insert in lieu thereof the letter "e," and at the end of the section add the following proviso:

Provided, That a person may be transferred from a place in one Department to a place requiring no higher examination in another Department without examination.

Departmental Rule IX: Strike out the whole of section 1 and insert in lieu thereof the following:

1. Until promotion regulations have been applied to a Department under the provisions of section 6 of General Rule III promotions therein may be made as follows:

(a) Any person appointed from the appropriate register to the position of messenger, assistant messenger, watchman, or other subordinate position below the positions of clerk and copyist may at any time after absolute appointment, if not barred by age limitations, be transferred to any other of said subordinate positions, but shall not be promoted to the position of clerk or copyist or to any place the duties of which are clerical: Provided, That printers' assistants in the Bureau of Engraving and Printing, Treasury Department, shall only be eligible for transfer to the grade of operative in that Bureau.

Strike out sections 2, 3, and 5 and renumber section 4 as 2.

Approved, March 2, 1895.

GROVER CLEVELAND.



AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, March 18, 1895.

Indian Rule IV is amended by adding at the end thereof a new section, to read as follows:

7. Graduates of Indian normal schools and of normal classes in Indian schools may be employed in the Indian-school service as assistant teachers or day-school teachers without further examination: Provided, That certificates of satisfactory proficiency, of good moral character, and of physical soundness, signed by the proper officials, be transmitted at the time of appointment to the Civil Service Commission: And provided further, That until the 1st of July, 1896, graduates of the senior classes of Carlisle, Hampton, Lincoln Institute, Chilocco, Haskell Institute, and other Indian schools of equal grade may be included in the provisions of this rule. Such teachers shall become eligible for promotion to advanced positions on presentation to the Civil Service Commission of satisfactory certificates of efficiency and fidelity in their work and of a progressive spirit in their professional interests, signed by their immediate official superiors and by the superintendent of Indian schools, and forwarded with his approval by the Secretary of the Interior, the Commission reserving to itself the right to decide as to the satisfactoriness of such certificates.

Approved:

GROVER CLEVELAND.



EXECUTIVE MANSION, March 20, 1895.

The Executive order dated February 26, 1891,[19] establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 21, 1891, Headquarters of the Army, is amended so as to prescribe as follows:

ARTICLE I.

In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.

Subject to the modifications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows: