provisions might be carried out before the winter season should set in; but action was had only after a delay of many weeks. The commission provided for by law, composed of Messrs. George W. Manypenny, John B. Bowman, John J. Russell, Alfred B. Meacham, and Otto Mears, proceeded to the Ute Reservation to carry the law into effect. In order to obtain the ratification of the agreement it was necessary to call together the Indians who were scattered over a large extent of country. The sudden and deplorable death of Chief Ouray, a man of advanced views, great sagacity, remarkable tact and noble impulses, indeed probably the wisest Indian of this generation, whose influence upon his people had always been in favor of peace, good order, and progress, seemed for a time to render the success of the labors of the commission doubtful. But the ratification of the agreement was finally signed by the requisite number of Indians within the limitation of time specified by the act of Congress. The commission reported that the Indians, presumably guilty of the murder of Agent Meeker and the agency employés, had fled beyond the boundaries of the United States. The payment of annuities due has been proceeded with according to law. It would have been possible to make the necessary preparations for the individual settlement of the Ute Indians upon the farm lands designated for them had not the winter season intervened. This delay is to be regretted, and I can only say that it would have been avoided had Congress acted as promptly upon the agreement as was repeatedly and urgently recommended by this department.

A new trouble threatened seriously to disturb peace and quiet on the Ute Reservation again, after the ratification of the agreement had been obtained, and everything seemed to favor a final and prosperous settlement of the trouble. On the evening of the 29th of September, a young Ute Indian, son of a chief, was killed by a young man named Jackson, belonging to a party of freighters. It has been alleged by some that the Indian fired first at the white men, and that Jackson killed him in self-defense. On the other hand, the report of Major Offley, Nineteenth Regiment United States Infantry, represents the conduct of the Indian as friendly and peaceable, and, in the language of Captain Pollock, Third United States Infantry, whom Major Offley quotes, calls the deed "a wanton and unprovoked murder of an Indian by a reckless, halfdrunken teamster." Jackson was arrested, and, under the escort of three white citizens of Colorado and one Indian, he was to be taken to Gunnison City to be tried; but, the party was intercepted on its way, by a number of Indians and white men; the prisoner was taken from them, and his fate is not known, although the probability is that he was killed. In Major Offley's report the opinion is expressed that this was done at the instigation of some white men, possibly freighters, who deemed the killing of the murderer of the young Indian necessary to protect themselves in the pursuit of their business from the possible revenge of the Indians. Captain Pollock calls this "a clear case of lynching, which,

as much as it might be deplored, is not an uncommon occurr throughout the country in the midst of civilization and enlightenm Great excitement ensued in the settlements near the Ute Reservat and the trial of Mr. Berry, the United States Indian agent, was voo ously demanded on the ground that he, in confiding Jackson to escort of three white men and one Indian, had deliberately betrayed into the hands of Indians eager to avenge the death of one of people. Mr. Berry was subsequently arrested by the United St marshal, and taken before the United States district court at Den where his case is now pending. Before his arrest he showed great and influence over the Indians, in keeping them quiet and preven further disturbance on their part. It is to be hoped that the State local authorities in Colorado will use their best judgment and endea to allay the excitement existing in that State, so as to restrain disposed persons from invading the Indian reservation and provol collisions with the Indians, which would be especially deplorable time when the so-called Ute problem is on the point of successful s tion by just and peaceable agencies and in accordance with an ag ment successfully concluded.

THE PONCAS.

The case of the Poncas has continued to be a subject of public as as private attention, on account of the hardships suffered by that t in consequence of its removal from Dakota to the Indian Territory have repeatedly in my reports expressed the opinion that the Po had a serious grievance on account of that removal, and that a gene indemnity was due to them. I am free to say, also, that a clear kn edge of their case at the time of their removal, which happened at very beginning of the present administration, would have induced then to oppose it to the extent of the discretion permitted by exis law to this department in such cases. The question how that grieva was to be redressed admitted of two different answers. One was they should be returned to Dakota and the other that their conditio made as comfortable and prosperous as possible on their new locatio the Indian Territory. There were several reasons against their ret to Dakota. Their lands in Dakota had, by the treaty of 1868, been ce to the Sioux, who had been their old enemies, and whose hostile in sions in years past had called forth among the Poncas themselves a sire to get out of their way by removal. The great problem in the n agement of Indian affairs at that time was to insure the general pa cation of the Sioux tribes, in all over 30,000 souls strong. The Si occupied the Ponca Reserve for some time in 1877, shortly after the moval of the Poncas to the Indian Territory had taken place. Two la Sioux bands, numbering over 13,000, are now permanently located in southern part of the great Sioux Reservation, at a distance from the Ponca Reserve, but within comparatively easy reach. The Poncas co

not be moved back to their old lands without a previous agreement with the Sioux. While it is said that the latter are now more favorably disposed toward the Poncas, and while the conduct of that branch of the Sioux Nation is now very satisfactory, yet it is also a matter of experience that old grudges among Indians, although smoothed over, are apt to be revived by reckless individuals among them, in which case the Poucas, numbering only a few hundreds, would be at a great disadvantage compared with their powerful neighbors. Moreover, Congress had granted neither authority nor money for the removal of the Poncas back to Dakota. I should willingly have recommended the passage of a law and appropriation to that end, there being no interest nor any pride of opinion in the Department that could possibly have prevented such a step-for in the very first report rendered by me after the removal of the Poncas, and after I had become fully aware of the whole character of the transaction, the wrong done to them was frankly acknowledged-had there not been other considerations of superior weight against it. The principal injury suffered by them immediately after their removal, by disease and the death of many of their people, could not be repaired. When they were once settled in the Indian Territory upon land which is acknowledged to be excellent for agricultural and herding purposes, and had made new beginnings in civilized pursuits and the promotion of their wellbeing, those beginnings would have been destroyed by a second removal, and the whole operation would have had to be repeated. It is but natural that frequent removals of an Indian tribe should have a disastrous effect upon their advancement in civilization and prosperity.

According to the latest reports, their condition is now very much improved. How much better they are situated in a sanitary point of view than immediately after their arrival in the Indian Territory appears from the fact that, according to the returns for the year just passed, there were during that year eleven deaths and fifteen births in the tribe, so that the Poncas have been actually increasing in numbers. Most of them are now living in houses, are tilling the soil, and have been provided with stock cattle for herding. They have school facilities for the education of their children. Their progress would have been greater had they not been kept in a state of restlessness by reports from the outside that they would soon be returned to Dakota, and that therefore they need not apply themselves to the improvement of their condition on the soil they occupy in the Indian Territory. Instead of benefiting them, such reports have evidently inflicted upon them an injury. Nothing would have been more apt to improve their health, raise their spirits, and promote their well-being than steady and fruitful work. That the Poncas feel this themselves appears from a petition which on the 29th of October they addressed to the Commissioner of Indian Affairs, and in which they say "that their young men are unsettled while they think they have a right to their land in Dakota," and that their tribe will not be finally settled until they have a title to their

present reservation and have relinquished all right to their Da land." They therefore earnestly request that they be given an of tunity for "signing away all their right to all lands in Dakota and t tain a title to their present reservation." They desire to visit Washin for the purpose of "convincing the government that it is their inter to remain where they are, and requesting the aid of the governme obtaining more teams, wagons, harness, and tools with which to their land." This petition is signed by all the chiefs and headme the Ponca tribe, and it would seem to show that the Poncas themse understand their own interests better than they are understood by s of their sincere but ill-advised friends. Their request "that the chie the Ponca tribe be permitted to visit Washington the coming win for the purpose indicated in their petition has been complied with, it is hoped that arrangements generally satisfactory will be arrive But there is another reason why I could not conscientiously re mend the return of the Poncas to their old reserve in Dakota, and reason is perhaps less appreciated by the general public than it i those who bear the responsibility for the whole management of In affairs at large, and who have to take care of the welfare not of Poncas alone, but of all the Indian tribes, of whom the Poncas form a very small part.

It is a well-known fact that the Indian Territory is exposed to cons invasions on the part of white people who strive to possess themse of certain unoccupied lands therein, which are held for Indian se ment in the future. To defeat such invasions, and to maintain the tegrity of the Indian Territory, has been a subject of constant solicit by the government; it required the greatest watchfulness and ene on the part of officers and troops of the United States in arresting turning back the invaders, to prevent the success of those lawless tempts. Whatever the ultimate fate of the Indian Territory may it would be a great disaster to the Indians now inhabiting it, were stream of immigration, which is constantly threatening to break its riers, permitted to enter before the Indians are settled there in severa with such individual title to their lands as will stand under the pro tion of the laws and courts of the country in the same light and with same security as the land titles of white people. The tracts in the Ind Territory mainly coveted by those who strive to enter without warran law, are held against intruders on the ground that they are reserved Indian occupation according to the original intention. What the co quence would be if, just at the time when the struggle for the integrit the Indian Territory is on our hands, the government itself organized emigration of Indians from the Indian Territory, and from the vici of the same lands that are held for Indian settlement against intrud it is easy to conjecture. If the Poncas were removed back to Dak nothing is more certain than that this very fact would make ot Northern Indians who have been taken into the Indian Territory, rest with a desire to follow their example, such as the Northern Cheyenn

and possibly the Pawnees. I could, therefore, not have recommended the return of the Poncas to Dakota without at the same time keeping in view the probable necessity of returning other Indian tribes from the Indian Territory to the region originally inhabited by them. This would, in all probability, result in an extensive evacuation of the Indian Territory, and just of that part of it which contains the lands coveted by the intruders, and which lands are held against them on the ground that they are reserved for Indian settlement. It is obvious that the evacuation by the Indians of the region held for Indian settlement, and defended on that very ground against intruders, would be apt greatly to encourage and stimulate the projects of invasion which, although repeatedly repelled, are pursued by evil-disposed persons with persistent activity. The defense of the Indian Territory against that invasion would inevitably become much more precarious, and the breaking down of all barriers before the Indian tribes inhabiting the Territory are prepared for such an event, would, in all probability, be most disastrous to them. While the original removal of the Poncas from the North to the Indian Territory was an injustice to them, yet, that removal and their settlement in the Indian Territory accomplished, the aspect of the question changed very materially, inasmuch as the measure intended to right their wrongs by their return, would be apt to bring a new wrong upon Indian tribes far more numerous, a wrong greater than the injury originally suffered by the Poncas themselves. These are the reasons why, although recognizing the hardships endured by the Poncas, I could not conscientiously recommend their return to Dakota. There is a bill now before Congress providing for that return. If it is to become a law, it should not be without a clear view of the probable consequences. Recommendation has repeatedly been made by this department that Congress provide an appropriation for the purpose of amply indemnifying the Poncas, and that recommendation is now urgently repeated.

VICTORIA'S BAND OF APACHES.

The long guerrilla warfare carried on by Victoria's band of hostile Indians in New Mexico has at last come to a close by the death of Victoria, and the destruction of the larger part of his followers on Mexican soil. In my last annual report, and that of the Commissioner of Indian Affairs, the circumstances which led to the outbreak of hostilities between Victoria's band and the forces of the United States were elaborately set forth. As appears therefrom those circumstances did not con sist, as alleged in the report of a military officer, in the persistent efforts to remove Victoria and his followers to the San Carlos Agency, for while snch a project was formerly entertained, it had been given up at the time when the outbreak occurred. Victoria had come on the 13th of June, 1879, with a small number of followers to the Mescalero Agency in New Mexico, and upon a conference with the Indian Agent, given his promise to stay there quietly. That promise had been accepted and arrange