A natural corollary of land cessions by the In dians to the United States Government was the establishment of reservations for these natives either within the limits of the original territory or elsewhere. These reservations, which up to March 3, 1870, were usually determined by treaty or agreement, were the restricted areas to which the Indians were confined in order to bring them more directly under the control and care of the Government, and to lessen the liabil ity of conflict with the whites and warring be tween the tribes. It was hoped also that by thus curbing the wandering habit these reservations might become, by the fostering hand of the Gov ern ment, the first step toward civilization. This policy, which has been also followed in Canada under both French and English control, was inaugurated by the Government as early as 1736, and continued as an established policy to the present day. The earliest reservations were chief ly formed as the direct result of the cession of lands by the tribes, thus restricting their limits, but expressly stating in the treaty defining the bounds that the portion so limited was `allotted to' or 'reserved for' the given Indians. Up to I S90 162 of these reservations had been established. The method of establishing reservations has not been uniform, some being by treaty, some by executive order, and others by act of Congress. Those established by execu
tive order, independent of the act of Congress, were not held to be permanent before the General Allotment Act of 1887, under which the tenure has been materially changed, and all reservations, whether by executive order, act of Congress, or treaty, are held permanent. Reservations by executive order under authority of an oat of Congress are those which have been authorized or established by acts of Congress and their limits defined by executive order, or have been first established by executive order and subse quently confirmed by Congress.
Other respects in which the power of Congress intervenes in reference to Indian lands, or is necessary to enable the Indians to carry out their desires in regard thereto, are the following: (1) Allotments of land in severalty previous to the act of February 8, 1887, could be made only by treaty or by virtue of an net of Con gress, but by this act general authority is given to the President for this purpose.
(2) Leases of land, sale of standing timber, granting of mining privileges and right of way to railroads are all prohibited to the Indians without some enabling act of Congress. On the other hand, it is obligatory on the Government to prevent any intrusion, trespass, or settlement on the lands of any tribe of Indians except where their consent has been given by agreement.