was concluded with the Sioux by which a reservation was granted to them, including the tract which formerly had by treaty been confirmed to the Poncas. The Sioux treaty of 1868 was ratified in the usual way and became the law of the land. The Poncas, however, continued to occupy the ceded tract. They and the Sioux had been hereditary enemies, and the former had suffered much from the hostile incursions of the latter. After the Ponca reserve had been granted to the Sioux these incursions became more frequent and harassing, so much so that the Poncas found themselves forced to think of removal to some safe location. Several times they expressed a wish to be taken to the Omaha reservation where they might live in security. But, although they had initiated an agreement with the Omahas to that effect, the arrangement was for some reason not accomplished. In 1874 and 1875 the Commissioner of Indian Affairs recommended the removal of the Poncas to the Omaha reserve and their permanent location thereon. These recommendations, however, were not acted upon by Congress. On the 23d of September, 1875, a petition was signed by the chiefs and headmen of the Poncas requesting that they be allowed to remove to the Indian Territory and to send a delegation there to select a new home. This petition was forwarded to the Indian Office. It was subsequently asserted, by members of the Ponca tribe, that when signing the petition they had not understood it to contain a request to be removed to the Indian Territory; but they had in their minds a removal to the Omaha reservation and the sending of some of their chiefs and headmen to the Indian Territory to see whether they could find a suitable location there. However that may be, they expressed the desire to remove from their lands in Dakota.
Thereupon the Indian Appropriation Act of August 15, 1876, appropriated “twenty-five thousand dollars
