The reports in regard to the four great southwestern tribes, the Cherokees, Creeks, Choctaws and Chickasaws, are very favorable. Their regularly organized and stable governments and laws well suited to their condition and circumstances, their general devotion to industrial pursuits, and their comparative national and industrial prosperity, evince a most creditable and gratifying degree of advancement in the fundamental elements of civilization. Some, if not all of them, appear to be expecting and preparing for an important change in their political and municipal relations with the United States, and there is no doubt that suitably organized territorial governments may, with great propriety and advantage, be extended to them at an early day. Until such a change shall become expedient, it is recommended that there shall be United States courts established at suitable points within the territory of these Indians, for the trial of cases arising there under our laws. The embarrassments and expense to which they are subjected in being compelled to attend the federal court in Arkansas, and the difficulty in securing the attendance of witnesses, give rise to cases of great hardship, amounting to a denial of justice.

I submit herewith a copy of the late annual message of John Ross, principal chief of the Cherokees, to their national council, which is worthy of special attention, as presenting, doubtless, a correct view of the general condition of the tribe, as well as important questions for the consideration of the authorities of the United States.

For several successive years the tribes in the southern superintendency suffered extremely from drought. During the present season, however, they have had timely and abundant rains, have consequently raised fine crops, and are amply supplied with all the necessaries of life.

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It is expected the Seminoles will soon remove and settle within the district of country provided for them by the treaty with them and the Creeks of August, 1856; and that, having a separate country, and enjoying the right of self-government, with ample means for the improvement and support of the whole tribe, their brethren in Florida can be induced peaceably to emigrate and join them. Both the Creeks and western Seminoles have manifested an entire readiness to comply with their obligations under the treaty of co-operating with the department in its efforts to effect the peaceful removal of the Florida Seminoles, and large delegations of both tribes, in charge of the intendent for that district, will soon be on their way to the scene of operations for the purpose of endeavoring to accomplish that object. This movement has been somewhat delayed in consequence of the superintendent having been charged with the disbursement of the moneys payable to the several tribes within his superintendency. This service was imposed upon him, in conformity with the regulation adopted by the President in March last, to carry out an apparent wish of Congress as, evinced by a proviso in the act making appropriations for the Indian department, passed at the last session, that the moneys due to Indians should be paid by the superintendents instead of the agents, as heretofore. The proviso, not being obligatory, was not necessary, as the President had already the power to require the su perintendents to make such payments whenever he deemed it proper,

and as had been repeatedly done. The President having directed the change, it has been tried, but found to be impracticable, without great injustice to the Indians and injury to the public service. It devolves an undue amount of labor and responsibility upon the superintendents, while it leaves comparatively none to the agents, and destroys all their influence for good with the Indians. One tribe has to wait till another is paid, which causes jealousy and ill feeling, and it requires so much time to pay them in succession that those last reached receive their money long after it should have been paid to them. It necessarily runs the later payments into midwinter, when the Indians cannot be assembled without subjecting them to great exposure, hardships, and certain danger of fatal diseases. It is also attended with much greater expense, in consequence of the guards and assistants which the superintendent is compelled to employ for the safety of the moneys while travelling about with them in the Indian country from tribe to tribe, or in providing for those which he has to leave behind. I therefore recommend that the system be abandoned, and that the duty be reimposed upon the agents, with such checks and guards as may be requisite to secure its proper and faithful performance. It being necessary that the southern superintendent should proceed to Florida on the duty referred to before completing the payments in his district, he was, with the sanction of the President, directed to turn over the unpaid moneys in his hands to the agents for the tribes to whom they belong for payment.

While on the subject of payments to Indians, I beg leave to call attention to the evil effects of per capita payments, which system has been in force for some years. The great body of the Indians can be managed only through the chiefs. The per capita system breaks down the latter, reduces them to the level of the common Indians, and destroys all their influence. It thus disorganizes and leaves them practically without a domestic government; lessens their respect for authority, and blunts their perceptions of the necessity and advantages of any proper and effective system of governmental organization; turning them backward, instead of leading them forward, in the scale of advancement. With the diminished control and influence of the chiefs, there is increased lawlessness on the part of the members; and hence the greater number of outrages on the persons and property of other Indians and our citizens. Nor is the per capita payment system of any protection or advantage to the individual Indians. His share of the annuity is known beforehand, and it is an easy matter to induce him in advance to gamble it off, or pledge it for whiskey or articles of no material use to him, and at or after the payment to take or collect the amount from him. The distribution of the money should be left to the chiefs, so far at least as to enable them to punish the lawless and unruly by withholding it from them, and giving it to the more orderly and meritorious. They should be allowed to report on the conduct of the individuals of the tribe, being as far as possible held responsible therefor, and the agents to pay the money according to a graduated scale, having reference to the industrious habits and good conduct of individuals as he should find to be just, reserving to him the right to inquire into the action of the

chiefs whenever complaint shall be made, and to change or modify such action whenever he may discover that they have dealt unjustly with any member of their tribe.

It is respectfully suggested that some definite action should be had upon the treaties heretofore made with the Quapaws, the Senecas, and the Senecas and Shawnees, residing adjacent to the southwestern corner of Missouri, which were submitted for the consideration of the Senate at the session of 1854-'55. If not such as should be ratified, others of a proper character should be negotiated, this being necessary for the welfare of the Indians and to carry out the objects of the act of 1853. A treaty should likewise be entered into with the Cherokees to acquire from them the 800,000 acres of land in the same locality, known as the "neutral ground," on which settlements are already being made, contrary to our obligations to the Cherokees, and which tract they are willing to dispose of in order to obtain the means of liquidating their considerable national debt, and to augment their insufficient school and orphan funds.

A large tract of land in Kansas was years ago set apart for the New York Indians, who were then expected to remove there, but subsequent arrangements have settled the great body of them on reservations in the State. Such of them as have removed should be assigned the three hundred and twenty acres promised to them, and the remainder of the lands be brought into market for the benefit of our citizens who are so rapidly filling up the Territory.

Preliminary measures have been adopted for colonizing as soon as possible, on the tract of country leased from the Choctaws and Chickasaws for the purpose, the Witchita and other Indians intended to be located there.

The colonization of the Indians of Texas on the reservations set apart by the State for that purpose is progressing favorably and as rapidly as the difficulties and obstacles incident to such a measure will permit.

The supervising agent represents with much confidence that the several colonies will soon be in a condition to support themselves. In the meantime there will be a gradual and material decrease of expense. The amount requisite for next year is $91,707 50. The same officer estimates that that for the succeeding year will not be so great by about $30,000.

This is the only practicable system for redeeming the wild, lawless, and roaming tribes within our borders. It is expensive at first, because the Indians have to be subsisted and otherwise provided for and made comfortable until they gradually settle down and commence to work for their own support, which experience has demonstrated they can be induced to do. In the end it is the most economical course; but however great the expense, it is one which both humanity and good policy require should be incurred. The resources of these Indians from the chase are rapidly failing them, caused in no slight degree by the extension of our settlements and their country being traversed in every direction by our people. Many of them are compelled to live by plunder, and hence the frequent outrages against other Indians and the whites. In their dispersed condition, the numerous

military posts that have to be kept up, and the costly expeditions that have frequently to be undertaken to hold them in check, together with the sums which the government is bound to pay for losses sustained from their depredations, probably involve and amount to an expense far greater than would be necessary to collect and colonize them.

The Indians of New Mexico are beginning to have some understanding and appreciation of our power and resources, and the necessity of their preserving peace with one another and with the whites. They are generally willing to be settled on reservations, which is essential to their preservation and welfare as well as for the interests and security of our frontier citizens. A favorable commencement has been made, and liberal appropriations by Congress are necessary to carry out the policy in regard to them.

The Pueblo Indians hold the tracts which they occupy and cultivate by grants from the Spanish or Mexican governments, and immediate steps should be taken to have them surveyed and set apart from the surrounding lands. This has become the more necessary, in the case of the Pimos and Maricopas Indians, since the establishment of mail routes through their country, which will induce and increase white settlements that may conflict with their right and incite them to hostility. For a brief description of the character and situation of these peculiar and interesting people, and the views of this office as to the importance of protecting them from such ncroachments, I respectfully refer to the accompanying copy of my report of 28th May last.

Under an act approved March 3, 1857, an agent was appointed for the Indians in the territory purchased from Mexico by the last treaty with that government, but from circumstances beyond his control he has not yet been able to furnish the department with much information in relation to them. To supply this deficiency, I submit an interesting communication upon the subject from Lieutenant S. Mowry, of the army, who has for some time been stationed in the country, and appears to be well informed in regard to the character and disposition of the Indians inhabiting it.

The Indians of the plains within the Upper Arkansas and Upper Platte agencies, and embracing the Apaches, Arapahoes, Comanches, Cheyennes, and Kioways, have, with the exception of the two latter, been quiet and peacefully disposed during the year. The Cheyennes have been in open hostility, and committed many outrages; and, though they were chastised during the summer by a body of troops under the command of Colonel Sumner, of the army, it is feared that they are not yet sufficiently subdued to expect that they will abstain from further lawless acts when opportunities offer of indulging their feelings of hostility. In consequence of their bad conduct, their proportion of the annuity presents, sent out for them and the other Indians of the Upper Arkansas agency, was not delivered to them. Nor should the Kioways, who have also manifested a decidedly hostile disposition, have received their share; but the agent was compelled to let them have it to prevent their taking it by force. To keep the tribes inhabiting and roaming through the country in the Upper Arkansas under proper subjection, and to protect our communication with New

Mexico, it would seem to be essential that there should be a military post established at some proper point in that region.

The scanty information we have in regard to the Indians of Utah is not reliable or satisfactory. It is much to be feared that they have been tampered with, and their feelings towards the United States alienated to such an extent by the Mormons, that in any difficulties with the latter a large portion of them may be found on the side of those enemies of our government and law. Such a state of things has been apprehended by this office for some time, as will be seen from the accompanying copies of reports upon the subject from the Acting Commissioner of Indian Affairs to your predecessor in 1855.

The superintendent for California reports that universal peace prevails among the tribes throughout the State; "that not a hostile sentiment is entertained by the Indians in any portion of the State, and a general feeling of security pervades the entire white population." He further states that "the progress of the reservations is attended with as great a degree of success as could be expected or desired by the most sanguine friends of that system;" that "the Indians perform with entire willingness all the labor required;" and that "the progress they have made in acquiring a knowledge of the pursuits of industry is remarkable, and in the highest degree encouraging to the friends of the system of subsisting Indians by their own labor. Among other interesting evidences of this good result, he cites the fact that, at the Nome-Lackee reservation, the wheat crop of this year, consisting of over ten thousand bushels, was entirely harvested, threshed, sacked and hauled to the storehouse by the Indians, attended only by two white men as overseers.

An extreme drought has cut off the crops on the reservations in the southern part of the State, and additional expense may have to be incurred to save the Indians from suffering from that cause, which every effort is being made to prevent.

Five reservations in all have been established, viz: Sebastian or Tejon, Klamath, Nome-Lackee, Mendocino, and Fresno farm, on which about 11,239 Indians have been colonized, and are in course of being successfully trained to habits of industry. From the representations of the superintendent, there must be a marked difference in the habits and condition of those who have settled in the reservations and those who have not yet submitted themselves to this beneficent plan for their preservation and improvement.

A most reprehensible practice has prevailed to some extent in California of kidnapping Indian children and selling them for servants. This practice has been confined to a few persons, and I am happy to say that it has been condemned and discountenanced by the great mass of the people. There have, however, been some difficulties growing out of it; but energetic measures having been adopted by the government to suppress it, and some of the parties engaged in it having been convicted and sent to the penitentiary, it is believed that there will not be a renewal of these troubles.

A large number of claims have been presented for payment for supplies furnished the Indian service in California during the years 1851 and 1852, which have not been paid for want of appropriations, but