Executive Mansion, March 25, 1875. By the first article of an agreement made by and between Felix R. Brunot, E. Whittlesey, and James Wright, commissioners on behalf of the United States, and the chiefs, headmen, and men representing the tribe of Crow Indians, under date of August 16, 1873, the following- described tract of country was set apart, subject to ratification by Congress, as a reservation for the absolute and undisturbed use and occupation of the Indians herein named, viz: “Commencing at a point on the Missouri River opposite to the mouth of Shankin Creek, thence up the said creek to its head, and thence along the summit of the divide between the waters of Arrow and Judith Rivers and the waters entering the Missouri River, to a point opposite to the divide between the headwaters of the Judith River and the waters of the Muscle Shell River; thence along said divide to the Snowy Mountains, and along the summit of said Snowy Mountains in a northeasterly direction to a point nearest to the divide between the waters which run easterly to the Muscle Shell River and the waters running to the Judith River; thence northwardly along said divide to the divide between the headwaters of Armell’s Creek and the headwaters of Dog River, and along said divide to the Missouri River; thence up the middle of said river to the place of beginning (the said boundaries being intended to include all the country drained by the Judith River, Arrow River, and Dog River).” Pending its ratification by Congress, an order was issued January 31, 1874, withdrawing said tract of country from sale or settlement. Inasmuch as these Indians have not removed to this country, and it is not probable that they will ever make it their home, and as Congress has not taken any decisive action on said agreement, it is ordered that the order of January 31, 1874, be, and hereby is, canceled, and said tract of country restored to the public domain. U. S. Grant.
Executive Order—Cancelling Reservation for Crow Indians
Executive Brief • At a Glance
By the first article of an agreement made by and between Felix R. Brunot, E. Whittlesey, and James Wright, commissioners on behalf of the United States, and the chiefs, headmen, and men representing the tribe of Crow Indians, under date of August 16, 1873, the following- described tract of country was set apart, subject to ratification by Congress, as a reservation for the absolute and undisturbed use and occupation of the Indians herein named, viz: “Commencing at a point on the Missouri River opposite to the mouth of Shankin Creek, thence up the said creek to its head, and thence along the summit of the divide between the waters of Arrow and Judith Rivers and the waters entering the Missouri River, to a point opposite to the divide…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Ulysses S. Grant on March 25, 1875, this order concerns Cancelling Reservation for Crow Indians. Executive Mansion, March 25, 1875. By the first article of an agreement made by and between Felix R. Brunot, E. Whittlesey, and James Wright, commissioners on behalf of the United States, and the chiefs, headmen, and men representing the tribe of Crow Indians, under date of August 16, 1873, the following- described tract of country was set apart, subject to ratification by Congress, as a reservation for the…
Key Directives & Operative Actions
By the first article of an agreement made by and between Felix R. Brunot, E. Whittlesey, and James Wright, commissioners on behalf of the United States, and the chiefs, headmen, and men representing the tribe of Crow Indians, under date of August 16, 1873, the following- described tract of country was set apart, subject to ratification by Congress, as a reservation for the absolute and undisturbed use and occupation of the Indians herein named, viz: “Commencing at a point on the Missouri River opposite to the mouth of Shankin Creek, thence up the said creek to its head, and thence along the summit of the divide between the waters of Arrow and Judith Rivers and the waters entering the Missouri River, to a point opposite to the divide…
Inasmuch as these Indians have not removed to this country, and it is not probable that they will ever make it their home, and as Congress has not taken any decisive action on said agreement, it is ordered that the order of January 31, 1874, be, and hereby is, canceled, and said tract of country restored to the public domain.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order, Cancelling Reservation for Crow Indians (Mar. 25, 1875), https://executiveordersarchive.org/orders/app-executive-order-cancelling-reservation-for-crow-indians.