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United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1892
([1892])

Agreement with Spokane Indians,   pp. 743-745 PDF (1.2 MB)


Page 743

AGREEMENT WITH SPOKANE INDIANS. 
743 
quest of any one of the Indians named, and it was held that there being no
am- 
biguity in the act which hact provided the way in which the lands could be
sold, 
by necessary implication it prohibited their b-ing sold in any other way.
"The 
sale in question not only contravened the policy and spirit of the statute.
but 
violated its positive provisions." In that case there was no pretense
that the 
requirements of the a.-t had been fulfilled. 
Nor do we consider it material that the grantee had in the meantime died,
since if the ratification be retroactive it is as if it were indorsed upon
the deed 
when given, and inures to) the benefit of the grantee of Horton, the original
grantee-not as a new title ac tuired by a warrantor subsequent to his deed
in- 
ures to the benefit of the grantee. but as a deed, imperfect when executed,
may be 
made perfect as of the date when it was delivered. This was the ruling of
the 
court in Steeple v. Downing (60 Ind., 478). 
The object of the proviso was not to prevent the alienation of such lands
in 
toto, but to protect the Indian against the improvident disposition of his
prop- 
erty, and it will be presumed that the President, before affixing his approval,
satisfied himself that no fraud or imposition had been practiced upon the
Indian 
when the deed was originally obtained. Indeed, the record in this case shows
that the President did not affix his approval until affidavits had been presented
showing that Pickering was the owner, and that the amount paid to Robinson
was the full value of the land, and that the sale was an advantageous one
to him. 
We are constrained to differ with the supreme court of Illinois in its view
of 
the treaty, and to hold that so far as this question is concerned plaintiff's
claim 
of title contained no defect. 
The judgment of the supreme court is, therefor,, reversed and the case re-
manded for further proceedings not inconsistent with this opinion. 
AGREEMENT WITH SPOKANE INDIANS.* 
Articles of agreement made and concluded at Spokane Falls, in the Territory
of Washington, the 18th day of March, eighteen hundred and eighty-seven,
by 
and between John V. Wright, Jarred W. Daniels, and Henry W. Andrews, Com-
missioners duly appointed and authorized, on the part of the United States,
and 
the undersigned, Chiefs, Head-man and other Indians of the Upper and Middle
bands of Spokane Indians, they being authorized to act for said bands by
them. 
ARTICLE 1. 
The aforesaid bands of Spokane Indians hereby cede to the United States all
right, title, and claim which they now have, or ever had, to any and all
lands 
lying outside of the Indian reservations in Washington and Idaho Territories,
and they hereby agree to remove to and settle upon the Coeur d'Alene Reserva-
tion in the Territory of Idaho. 
ARTICLE 2. 
It is further agreed by the parties hereto, that said Indians will be permitted
to s lect their farms and homes on a tract of land to be laid off and surveyed
and 
the boundaties marked in a plain and substantial manner under the direction
of 
the Secretary of the Interior, on said Cceur d'Alene Reservation, provided
that 
in laying out said tract of land, the lands taken and occupied by the Indians
now 
on said Coeur d'Alene R servation shall not be interfered with; and it is
further 
agreed that said Spokane Indians will take lands in severalty under and accord-
ing to an act of Congress entitled "An act to provide for the allotments
of land 
in severalty to 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," which act was passed and approved during the second
Session 
of the Forty-ninth Congress, and is known as the Allotment act. 
ARTICLE 3. 
It is further agreed that the homes and lands selected, as provided for in
the 
foregoing article, ae to be and remain the permanent homes of the Indians,
parties hereto, and their children forever. 
* Ratified by Indian appropriation act of July 13, 1892. [See Vol. 27, p.
139, U. S. Stat., and page 
720 of this report.] 


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