I fully concur in the opinion expressed by the Commissioner, and for the reasons stated in his letter do not feel at liberty to recommend your approval of the bill.  I have the honor to be, with great respect, your obedient servant,

CHAS. T. GORHAM, Acting Secretary.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

Washington, D.C., August 14, 1876.

The HONORABLE SECRETARY OF THE INTERIOR.

SIR:  I have the honor to return herewith, in accordance with your verbal request, a bill entitled “An act to provide for the sale of a portion of the reservation of the confederated Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of Indians, in the States of Kansas and Nebraska,” with my views thereon, the same having passed both Houses of Congress and now awaits the approval of the President.

Your attention is respectfully invited to the act of June 10, 1872 (17 U.S.  Statutes at Large, p. 391), which provides for the sale of these reservations, or a portion of them.  The whole of both these reservations has been surveyed, a portion in accordance with this act of Congress and the remainder with a view to the allotment of lands to the Indians.

The second section of the bill provides for the appraisement of the whole reservation, while the third section authorizes the sale of a portion not exceeding 120,000 acres, a portion of which is in Kansas.

The bill authorizes the sale of that portion lying in Kansas through the land office located at Beatrice, Nebr.  No provision is made for the relief of such Indians, if any there be, who may have settled upon the portion authorized to be sold, and who may have made improvements thereon.  Moreover, in fulfillment of treaty obligations, the assent of the Indians to the operations of the whole bill, and not simply to the first section, should be required, as in the case of the Menominees (16 U.S.  Statutes at Large, p. 410).  In my opinion, this bill should not receive the approval of the President.

I have the honor to be, very respectfully, your obedient servant,

J.Q.  SMITH, Commissioner.

[The Senate proceeded, as the Constitution prescribes, to reconsider the said bill returned by the President of the United States with his objections, and pending the question, Shall the bill pass, the objections of the President of the United States to the contrary notwithstanding? the following message was received:]

EXECUTIVE MANSION, August 15, 1876,

To the Senate of the United States: 

Upon further investigation I am convinced that my message of this date, withholding my signature from Senate bill No. 779, entitled “An act to provide for the sale of a portion of the reservation of the confederated Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of Indians, in the States of Kansas and Nebraska,” was premature, and I request, therefore, that the bill may be returned, in order that I may affix my signature to it.