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CALL OF THE IIOUSE.
been accomplished by this committee of con ical action, Compare bim not with the Hold HOUSE OF REPRESENTATIVES. ference. I mean no disrespect to the gentle ens and that class of men! It cannot be done!
Thursday, June 18, 1868. men representing the Senate, for I believe they || I ask the Senate in regard to Mr. Jones to
The House met at twelve o'clock m. Prayer have tried to represent the Senate. Selecting stand by its unanimous vote of yesterday. two names and striking them out because they Mr. DAVIS. Mr. President, I have not
by the Chaplain, Rev. C. B. Boynton. are not of a political party to satisfy the House much confidence in rebels who come in and The Journal of yesterday was read and of Representatives! I venture to say that there profess to be Radicais. I would give them approved. is no name in the list contained in this bill that very little if any trust except in a very special VACANCIES ON COMMITTEES FILLED, has as much support in favor of his attachment case. Now, I would suggest that the Senate
The SPEAKER appointed Mr. Delano to to this Union as that of George W. Jones, of | reject this report of the committee of conferTennessee. I know that before the Committee ence, and that another committee be appointed Affairs, and Mr. Knott to fill the vacancy in
fill the vacancy in the Committee on Foreign on the Judiciary there was no such evidence in to confer with the committee on the part of the support of any single name as was given yes House, and that they adopt a short, plain Department.
the Committee on Expenditures in the Interior terday by the Senator from Ohio [Mr. SHER comprehensive bill in about these terms: Max]and the Senator from Vermont [Mr. Mor
Be it enacted, That every red-handed rebel who RILL) in support of George W. Jones. For || took part against the Government of the Unitod
Mr. BINGHAM moved that there be a call years he stood up against every influence at States in the late war, whose hands are still red with of the House.
the blood of Union soldiers, upon taking an oath the South that tended to bring on the conflict,
The motion was agreed to. that he will support the Radical party shall be, and against this party to some extent, against men, be is hereby, reinstated in all his rights, civil, polit The Clerk proceeded to call the roll, and the that led in the efforts to bring about a clash ical, and social.
following members failed to answer to their between the two sections of the Union.
Mr. STEWART. Would the Senator from
Messrs. Ames, Axtell, Baldwin, Barnes, Barnum, is no evidence that he has attached himself to Mr. DAVIS. I would as soon vote for that
Boyer, Broni well, Brooks, Burr, Cook, Covode,
Dixon, Dodge, Driggs, Finney, Fox, Garfiold, Glossa political party, he is to be stricken out of this bill as vote for the one under consideration.
brenner, Grover. Holman, Hopkins, Asahe! W. bill removing disabilities. He has not been in I think that in principle and in justice that Ilubbard, Chester D. Iubbard, Richard D. Hubbard, any of the States where the reconstruction would be about equivalent to this.
Hulburd. Ilumphrey, Ilunter. Ingersoll, Johnson,
Jones, Judu, Kelley, Laflin, George V. Lawrence, policy bas been carried out. Of course he has Mr. STEWART. I ask for the yeas and William Lawrence, Loan, Lynch, Mallory, Marshall, given no opposition to that, because he has not nays upon the adoption of the report.
Miller, Morrissey. Mungen. Nunn, Orth, Perham, been there. He is a citizen of Tennessee who, The yeas and nays were ordered ; and being
Plants, Poland, Pomeroy, Pruyn, Randall, Raum,
Ross, Selye, Shellabarger, Sitgreaves, Taylor, Van so far as I know, has been living a quiet, taken, resulted--yeas 22, nays 7 ; as follows:
Auken, Burt Van IIorn, Robert T. Van Horn, Jolin retired, unobtrusive life, who has participated YEAS-Megsrs. Anthony, Cattell, Cole, Cragin
T. Wilson, Stephen F. Wilson, Windom, Wood, to no extent in public affairs since the war was Fessenden. Harlan, Henderson, Morgan, Morrill of
Woodbridge, and Woodward. over. I have not beard of his taking any part Vermont, Nyo, Pomeroy, Ramsey, Sherman,
Sprague, The SPEAKER. One hundred and twenty in any of the controversies in the southern
Stewart, Sumner, Thayer. Truinbull, Wade, Willey, members have answered to their names, and
Williams, and Wilson-22. States; he has had no opportunity to show NAYS--Messrs. Davis, Doolittle, Hendricks, Mc a quorum is present. any hostility to the party in power; but he has Creery, Patterson of Tennessce, Ross, and Van Win Ar. BINGHAM. I move that all further
kle-7. been leading a quiet, retired life. Now he is ABSENT - Messrs. Bayard, Buckalev, Cameron,
proceedings under the call be dispensed with. sticken out of this bill. I do not make an Chandler, Conkling. Conness, Corbett, Dixon. Drake,
The motion was agreed to. objection particularly to the other name that is Edmunds. Ferry, Fowler. Frelinghuysen, Grimes, Mr. BINGHAM. I now desire to call up. named being stricken out. Perhaps the com
Howard, lIowe, Johnson, Morrill of Maine. Morton, mittee have some reason for that in the fact Norton, Patterson of New Hampshire, Saulsbury,
the motion to reconsider the vote by which the Tipton, Vickers, and Yates-25.
House passed the joint resolution (H. R. No. that Mr. Houston was a member of Congress, So the report was concurred in.
291) giving additional compensation to certain as I now understand I did not recollect it
employés in the civil service of the Govern
COURTS IN TENNESSEE. before-and withdrew from Congress at the
ment. But I will first yield to the gentleman time his State seceded. I knew of him that Mr. WILSON. I renew my motion. from Massachusetts, (Mr. Banks. ] prior to secession he occupied very much the Mr. TRUMBULL. Will the Senator from
MODIFICATION OF THE LAWS OF NATIONS. same position that Mr. Jones did, that he was Massachusetts allow us to dispose of two bills a conservative man, giving his influence, and which have been returned from the House of
Mr. BANKS. I ask unanimous consent to all of his influence, against the schemes of the Representatives with amendments? I think present the memorial of insurance companies, extreme men of the South. the Senate can dispose of them in a moment
ship-owners, and merchants of Massachusetts, I regret now that I insisted on the name of if the Chair will lay them before the body.
praying that action may be had in favor of a Mr. Jones being added to the bill; it has to be Mr. WILSON. Very well.
modification of the laws of nations, so that yielded after the Senate by a unanimous vote The PRESIDENT pro tempore laid before
whenever hostilities between belligerent nations put it in-a unanimous voie on the testimony the Senate the amendment of the House of
shall have ceased for the period of one year of Senators themselves. The question is
the state of war shall be deemed at an end so Representatives to the bill (S. No. 377) to whether we shall recede from the position we change the times of holding the district and far as other Governments or the citizens thereof took. I hope the Senate will not do it. i circuit courts of the United States in the are concerned, notwithstanding the absence of shall not insist upon the other name,
because several districts in the State of Tennessee. any formal treaty or declaration of peace. I there is some doubt about it in the fact I have The amendment was in line five, to strike
ask to have the memorial referred to the Commentioned that was brought to my attention by out the words “March and September" and mittee on Foreign Affairs. the Senator from Nevada-a fact not known insert "January and July."
Mr. WASHBURNE, of Illinois. Cannot to bim until, perhaps, to-day. I do not insist
that come in under the rule?
Mr. TRUMBULL. I move that the Senate about that; but in regard to George W. Jones
The SPEAKER. It can. concur in the amendment of the House of I say there is more evidence in favor of the Representatives. It merely changes the time
Mr. BANKS. It is an important memorial. propriety of his restoration to the full exercise
The SPEAKER. If there is no objection when a court is to be held. of the right of citizenship than in regard to any
it will be referred to the Committee on ForThe amendment was concurred in. other name in the bill.
eign Affairs. The Chair hears none, and it is There is not one of these men that can pro
COURT OF CLAIMS.
so referred. duce as much evidence. George W. Jones The PRESIDENT pro tempore laid before
Mr. BANKS. I ask to have it printed. contributed not one particle to bring on this
the Senate the amendment of the House of Mr. WASHBURNE, of Illinois. For what rebellion; he gave all his influence against it;
Representatives to the bill (S. No. 164) to pro purpose? while in this bill there are men who did every.
vide for appeals from the Court of Claims, and Mr. BANKS. I withdraw the request. thing they could to bring it on, whose bands for other purposes.
TERRITORY OF WYOMING. are stained with northern blood, who particiThe amendinent was to insert the following
Mr. SPALDING. I ask to have Senate bill pated in the war, fought in the battles, were in section after the eighth section of the bill:
to provide a temporary governmerit the secession legislatures, voted to take their And be it further enacted, That it shall be the duty
for the Territory of Wyoming, printed, still States out; and they are to be restored while
of the clerk of tho said Court of Claims to transmit such a man as George W. Jones is to be kept sessions
, makul and complete
statement of all the judg-
No objection being made, it was ordered to out! monts rendered by the said court for the previous
be printed. Of course any man will have feeling about a year; stating the amounts therefor and the parties
Nr. ASHLEY, of Ohio, subsequently enthing of that kind. Such palpable wrongs
in whose favor rendered, together with a brief synop
sis of the nature of the claims upon which said judg tered a motion to reconsider the order to print, every man ought to denounce here and every ments have been rendered.
saying that he desired to offer some amendwhere. Ispeak, sir, because I like George W. Mr. TRUMBULL. I move that the Senate
ment to the bill. Jones, as every man liked him that served with him in the House of Representatives, not only concur in that amendment.
EXTRA PAY OP GOVERNMENT EMPLOYÉS. because of his personal qualities, but because The amendment was concurred in.
Mr. BINGHAM. I now call up the motion of his devotion to the public service and its
to reconsider the vote by which the House integrity. Of all the men of the South I do On motion of Mr. WILSON, the Senate | passed the joint resolution (H. R. No. 291) above the men who went into the strife and now He is incomparably proceeded to the consideration of executive giving additional compensation to certain em
business; and after some time spent therein the ployés in the civil service of the Government seek to avoid the responsibility of it by polit
doors were reopened, and the Senate adjourned. at Washington.
not know a better man.
Mr. WASHBURN, of Indiana. I move to
decided in the affirmative-yens 7:3, naye 57, lay the motion on the table.
quested by the committee of clerks in the variThe SPEAKER. Does the gentleman from
not voting 59; as follows: ous Departments to state to the House that the Ohio surrender the floor?
YEAS- Messrs. Allison, Bailey, Baker, Benman, applause at the passage of the joint resolution Beatty, Benjamin, Bouton, Binghuni. Blaine, BoutMr. BINGHAM, I do not. I call the pre a few days since was disapproved by them and
well, Broomall, Buckland, Keider W. Clarke, Covious question on the motion to reconsider. by the clerks generally, aud they wished the
burn. Cook, Cornell, Covode, Ontlom. Dawes, Delano, The SPEAKER. The gentleman cannot Speaker to state this, fearing that it might have
Donnelly, Eggleston, Lla, Berriss, ferry, Field,
Getz, Haight, Ilalsey, Ilaruing, Uawkios, Bill, Hal speak after that. prejudiced them in the eyes of the House.
burd. Judd, Julian, Kelsey, Ketcham, Koontz, Loan, Mr. BINGHAM. I do not desire to. Mr. BiNGHAM. I now nove •to lay the
Lourbridge, Marvin, Maynard, McCarthy, McClurg, Mr. WASHBURN, of Indiana. I move to
Mereur, Moorhead. Mullins, Newcomb, Peters, Pike, joint resolution on the table.
Pile, Plants, Polsley.
Price, Robertsou, Sawyer, Scolay the motion to reconsider on the table. Mr. RANDALL. On that motion I demand
field, Shanks, Aaron F. Stevens, Taylor, Trowbridge, Mr. ELIOT. I desire to ask a parliament the yeas and nays.
Upson, Van Aernam, Van Wyck, Ward, Elibu B. ary question : whether the result of the motion,
Washburne, WiDiam B. Washbarn, Welker, Thomas
Williams, Williain Williams, James F. Wilson, and if carried, will not be to open to amendment the gentleman from Ohio withdraw that motion to
Jolin T. Wilson-73. last clause of the resolution. I think it was not
NAYS-Messrs. Anderson, Archer, Delos R. Ashallow me to enter a motion to reconsider the understood by many who voted in favor of it.
ley, Beck. Blair, Cake, Cary, Chanior, Cobb, Dixon, vote by which the joint resolution was ordered
Driggs, Eckley, Eldridge, Eliot, Farurworth, Gloss The SPEAKER. If the motion to lay on
breaner, Golladay, Gravely. Gruyer. Hiçby, lotchto be engrossed and read a third time, so that the table the motion to reconsider prevails, the
kiss, Jenckes, Johnson, Kitchen, linott, Logan, Malit may be amended. bill will then stand as it passed and will be sent
lory, Mctoriniek, McCullough, Morrell, Mungen, Mr. BINGHAM. I cannot, for the reasoa
Myers, Viblack, Nicholson, U'Neill, Paine, Pomeroy, to the Senate. If it should not prevail, and the that the amendments would not improve it.
Pruyn, Randall, Robinson, Schenek, Shellabarger, House should then reconsider the third read
Smith, Spalding, Stark weather, Stewart, Stokes,
Mr. MAYNARD. I suggest to the gentle. Stone, Taber, Taffe, Thomas, John Triin ble, Law. ing of the bill, it would then be open to amend. man from Ohio that it would be only fair to let
reuces. Trimble, Twichell, Robort T. Van Horu, Van ment. the gentleman, who has charge of the joint res
Trump, llenry D. Washburn, and Woodward--57. Mr. WASHBURN, of Indiana. If the gen.
NOT VOTING - Messrs. Adams, Ames, Arnell, olution, have an opportunity to suggest what James M. Ashley, Axtell, Baldwin, Banks, Barnes, tleman will agree to allow me to make the amendments he desires.
Barnum, Boyer, Broin well, Brooks, Burr, Butler, motion on the ibird reading I will withdraw it Mr. MULLINS. I object.
Churchill, Sidney Clarke, Dodge, Finney, Fux, Garnow.
field, Griswold. IIolman, Hooper, llopkins, Arabel
Mr. RANDALL. Then let us vote down Mr. BINGHAM, It will amount to the same
W, Hubbard, Chester D. llubbard, Richard D. Hub the motion to lay on the table.
bard, Humphrey, llunter, Ingersoll, Junes, Kelley, thing.
Mr. BINGIAM. I insist on my motion,
Kerr, Laflin, George V. Luwropee, William Law. Mr. WASHBURN, of Indiana. No, it will
rence, Lincoin. Lynch, Marshall, Miller, Moore, VorThe yeas and nays were ordered.
rissey, Nunn, Orth, Perham, Phelps, Poland, Raum, leave the bill open to amendment.
Mr. WASHBURN, of Indiana. Mr. BINGHAM. I cannot make any agree.
Russ, Selye, Sitgreaves, Thaddeus Stevens, lau Au
ken, Burt van llurb, Cadwalader C. Washburn, motion is defeated, will the joint resolution be ment about it.
Stephen F. Wilson, Windom, Wood, and Wood
bridge-59. Mr. YASHBURN, of Indiana.
open to amendment? I then
The SPEAKER. A motion can be made So the motion to reconsider was laid on the insist on the motion. to reconsider the third reading, and if that
table. The question being put and appearing to be carried,
prevails the joint resolution will be amend. GREAT AND LITTLE OSAGE INDIANS. Mr. WASHBURN, of Indiana, demanded able.
Mr. CLARKE, of Kansas. I have been the yeas and nays.
Mr. WASHBURN, of Indiana. Then it | instructed by the Committee on Indiau Affairs,
will be amendable if this motion is lost? The yeas and nays were ordered.
who are instructed to report at any time not The SPEAKER. It will be if the third The question was taken; and it was decided
in the morning hour, to subinit a report for reading is reconsidered. in the negative--yeas 1o, nays 86, not voting
action at this time. I ask that the report be
The question was taken ; and it was decided read. 58; as follows:
in the aftirmative-yeas 68, nays 64, not vot The report was read, as follows: YEAS-Messrs. Anderson, Archer, Delos R. Ash
ing 57; as follows: ley, James M. Ashley, Cake, Cary, Cobb, Eekley,
The Committee on Indian Affairs, to whom wag Eldridge, Glossbrenner, Golladay, Gravely, Hlotch YEAS-Messrs. Allison, Bailey, Baker, Beaman,
referred the message of the President of the United kiss, Humphrey, Jobnson, Kerr, Kitchen, Lo Beatly. Benjamin, Benton, Bingham, Blaine, Bout
States and accompanying documents relating to a GRU, McCorinick, Moore, Morrell, Mungen, Myers, well, Broomall. Buckland, Butler, Churchill, Reader
treaty lately made by the United States with the Nicholson, O'Neill, Paine, Pruyn, Randall, Rob. W. Clarke, Sidney Clarke, Coburn, Cook, Cornell,
Great and Little Osage Indians, report as t'hows: juson, Schenck, Sinith, Spalding, Starkweather, Covode. Dawes. Deiano, Esgleston, Ela, Ferry, Fields,
It appears from iuformation before the colomittee Thadeus Stevens, Stewart, Stokes, Stone, Taber, Getz, Baight, Halsey, Ilarding, Hawkins, Hill, Ilul
that the treaty was prepared in Washington before Thotnas, John Trimble, Twichell, Robert T. Van burd, Judil, kelsey, Ketcham, Koontz, Loughridge,
the session of ihe council with the Osages, and that llorn, Van Trump, Henry D, Washbura, and Wood Marvin, Maynard, McCarthy, McClurg, Mercur,
its ternis were agreed upon by varivus parties in Ward-15. Mullins. Newcomb, Peters, Pike, Polsley, Price, Rob
interest before submission to the Indians. The realy, NAYS – Messrs. Allison. Bailey, Baker, Beaman, ertson, Sawyer, Scofield, Shanks, Aaron F. Sterens,
in substance, rclinquishes by the said Usage Indians Beatty, Beck, Benjamin, Benton. Bingham, Blaine, Taylor, Trowbridge, Upson, Van Aernam, Van Wyck,
an exceedingly valuable tract of land lying in southBlair, Boutwell, Broomall, Buckland, Butler, Chan: Ward, Cadwalader C. Washburn, Elihu B. Wash
ern Kansas, ainounting to eight inillion acres. It ler, Churchill, Reader W. Clarke, Sidney Clarke, Co burne, William B. Washburn, Welker, Thomas
does not provide for the retrocession of the said lands burn, Cook, Cornell, Covode. Dawes, Delano, Dixon. Williams, William Williams, James F. Wilson, and
to the United Stiltes, but transiers the same iu a Donnelly, Driggs, Eggleston. Ela, Eliot, Farnsworth, John T. Wilson-68.
railway company, known as the Leavenworth, La Ferry, Fields, Getz, Haight, Halsey, Harding, Ha NAYS-Messrs. Anderson, Archer, Delos R. Ash
rence, and Galveston Railroad Company, al à prico kins, Highy, Hill, tulburd, Jenckes, Judd. Julian, ley, James M. Ashley, Beck, Blair, Cake, Cary, Cobb,
per acre of about nineteen cents. li transfers said Kelsey, Ketcham. Knott, Koontz. Loan, boughridge, Dixon. Donnelly. Driggs, Eckley, Eldridge, Eliot,
lands upon said terugs, with the condition that said Marviu, Maynard, McCarthy, JoClurg, MeCullough. Farnsworth, Glossbrenner, Goliaday, Gravely. Gro
company shall pay to the Secretary of the Interior Mercur. Moorhead, Mullins, Newcomb, Peters, Pike, ver, ligby, Hotchkiss, Jonckes, Johnson, Kerr,
within three inonths from the date of the ratitication Pilo. Plants, Polsley, Price, Robertson, Suuspycr, Kitchen, knott, Loan, Logan, Mallory, McCormick,
of the said treaty by the Senate of the United States Scofield, Shanks. Aaron F. Stevens, Taffe, Taylor, McCullough, Moore, Moorhead, Morrell, Mungen,
$100,000 to the use and for the benetit of the said Lawrence S. Trimble, Trowbridge, Upson, Van Myers, Niblack, Nicholson. O'Neill, Paine, Plants,
Osage Iudiaus. The balance of the $1,600,000, the price Aernam, Van Wyck, Ilard. Cadwalader C. Wash Pomeroy. Pruyn. Randall, Robinson. Sehenek, Sbel
of said lands, is made payable in amoual'installments hurn, Elihu B. Washburne, William B. Washburn, laburger, Spalding, Starkweather. Thaddeus Stevens,
of $100,000 per annum, together with iyterest at five Welker, Thoinas Williams, William Williams, and Stowart, Stokes, Stone, Taber, Tatie, Thomas. John per cent. per annum, secured only by the boud of tho James F. Wiison-86. Trimble, Lawrence S. Trimble, Twielell, Robert T.
railroad compuuy, and not even inadc a mur gage du
tbe road. NOT VOTING-Messrs. Adams, Ames, Arnell, AX Van Horn, Van Trump, Henry D. Washburn, and tell, Baldwin, Banks, Barnes, Parnum, Boyer, Bron Woor ward-61.
Nu provision is made in this treaty for the protec
tion or the settlers upon thit portion of the ceded well. Brooks, Burr, Cullom, Dodge, Ferriss, Finney. NOT VOTING --Messrs. Adams, Ames, Arnell, Fox, Girfield, Griswold, Grover, Holman, Hooper, Axtell. Baldwin, Banks, Barnes, Barnum, Boyer,
lunds known as the diminished reserve, of whow it Hopkins, Asahel W. Hubbard, Chester D. IIubbard, Bromwell. Brooks, Burr, Chanler, Cullom, Dodge,
appears there is a large number, but they are left Richard D. llubbard, Hunter, Ingersoll, Jones, Ferriss, Finney. Fox, Garfield, Griswold. Ilolman,
wholly to be dealt with according to the mercy or Kelley, Laffin, Georgo V. Lawrence, William Law: looper. Hopkins, Asahel W. Hubbard, Chester D.
cupidity of tho parties controlling said railway. Of rence, Lincoln. Lynch, Mallory, Marshall, Miller, Hubbard, Richard D. Hubbard, Humphrey, Hunter,
tbososettlers upon another portion of the lands ceded, Morrissey, Niblack, Vunn, Orth, Perhain, Phelps, Ingersoll, Jones, Julian, Kelley, Lalin, George V.
known as tho Osage trust lands, comprisina aboat Poland, Pomeroy, Raum, Ross, Selye, Shellabarger, Lawrence, William Lawrence, Lincoln, Lynch, Mar
three million two hundred thousand acres, such as • Sitgreaves, Van Auken. Burt Van Horn, John T. shall, Miller, Morrissey, Nunn, Orth. Perhim, Phelps,
occupied a "square quarter sectiou" at the time of Wilson, Stephen F. Wilson, Windom, Wood, and Pile, Poland, Raum, Ross, Selye. Sitgreaves, Smith,
the date of the treaty, are allowed one bundred and Woodbridge-58. Van Auken, Burt Van Horn, Stepben F, Wilson,
sixty acres, including their improvements, at the Window, Wood, and Woodbridge-57.
Government price. Inas much as these lands were So the flouse refused to lay the motion to
only recently surveyed, it follows, upon the testireconsider on the table.
So the joint resolution was laid on the table. inony of reliable witesses, that nearly all of these
settlers will be excluded from the benefits of the proThe question recurred upon seconding the Mr. BINGHAM. I now move to reconsider
viso because very few bave located upon "squiro demand for the previous question on the motion the vote by which the joint resolution was laid quarter sections'' as surveyed. to reconsider. on the table; and I also move that the motion It is also in evidence that other propositions moro
favorable to tho Indians, the settlers, and the United The previous question was seconded and the to reconsider be laid on the table.
States were submitted to the Commissioner, but were main question ordered; being upon the motion Mr. WASIBURN of Indiana, and Mr. ROB withheld from the Indians by them and retused codto reconsider the vote by which the joint reso INSON, called for the yeas and nays on the
sideration. The following propositions were subi lution was passed. motion to lay the motion to reconsider on the
mitted to the commissioners by the Missouri, Tort
Scott, and Santa Fé Railroad Compmy: Mr. WASHBURN, of Indiana.. On that table.
Först. A purehase of all their lands for said road at question. I demand the yeas and nays.
The question was taken upon ordering the $2,000,000, $100,000 to be paid in ninety days from this The yeas and nays were not ordered. yeas and nays; and upon a division there were
States, and the other payments at the rate of $100.000 The question was taken; and the motion to twenty-seven in the affirmative.
per year until the whole purchase money is paid, the reconsider was agreed to.
So (the affirmative being one fifth of the whole to bear interest at the rate oi live per cent per
annum from tne ratification and promulgation of the The question recurred on the passage of the last vote) the yeas and nays were ordered.
treaty till paid: joint resolution. The question was then taken; and it was
Second. One hundred and sixty seres of land 58
cured, free of cost, to overy half-breed Osago, malo Resolved, (as the sense of the House of Representa Affiant further deposes and says tbat it was evident and lemule, over twenty-one years of age, who may tives,) Thut the treaty concluded on the 27th of May, from the hearing of the said commissiouers, and from desire 10 remain on said lands and become a citizen 186$, with the Great and Littlo Osage tribe of In their proceedings at the said council, that they inof the Buited States.
dians, both in its express terms and stipulations, and tended to make the said trenty exclusively for the Third, One hundred and sixty acres secured to such in the moans employed to procure their acceptance benefit and in the interest of the Leavenwortb. Lawseulers who may be on any portion of said lands at by the Iudians, is an outrage on their rights; that, rence, and Galveston railroad, represented by one the date of said treaty, at $1 25 per acre, being Gov. in transferring to a single railroad corporation eight William Sturges, of Chicago, and disregarding the ernment price theretor.
million acres of lands, it not only disregards iho rights of the settiers, the rights of the Indians, of Fourth. Every sixteenth section of said lands to be rights and interests of other railroad corporations in other railroads, and the State of Ka sas; that the douated to the State of Kansas for the endowment the State of Kansas, and builds up a frightful land said commissioners claimed that the said treaty was of her public schools.
monopoly in defiance of the just rights of the settlers agreed upon in Washington before tho session of the HüchThe interest of said purchase money to be and of the people of the United States, but it assumes council, and could only pass and be ratified by the paid semi-annually, and disposed of in the treaty in the authority, repeatedly denied by this Ilouse, to Senate of the United States :18 drawn and presented. a manuer satis/actory to the Indians, and so as to dispose of those lauds by treaty otherwise than by Alliant further says that the said Indians did not promote their best interests.
absolute cession to the United States, and for pur want to sell their lands: did not want to sell to a railSearch. Patents to issue to said company for said poses for which Cougress alone is competent to pro road company, but to the Government of the United lauds only in proportion to the amount actually paid. vide.
States if forced to part with them, or otherwise, to Seventh. Saiu principal and interest to be paid by Resolved, That this Houso does hereby solemnly parties making the best and highest bid for the said railroad company to the Secretary of the Inte and carnestly protest against the ratification of said lands; that the sessions of the council were secret, rior, apd the interest disbursed to the Indians by
pretended treaty by the Senate, and will feel bound and white men were excluded therefrom unless atluim, through tko Commissioner of Indias
to refuse apy appropriations in its behalf, or to rec inched or belonging to the party of the said coinThis proposal was accompanied by the tender of a ogpizo its validity in any form.
missioners; that the Indians wanted certain white reusouable guarantee tor tbe fulfillment by the said Resolveu. That a copy of the foregoing resolutions men for counsel present at the conferences, but were company of their part of the proposed compact, and be transmitted to the Senate of the United Stiltes. refused unless they would take such counsel as wero was pereinptorily disinissed by the commission. It will be seen that their refusal to submit these or any
The following are the documents accom
assigned them by the cominissioners; that Professor
P. MeVickar, superintendent of public instruction Other propositions to the Indians indicates a singular panying the report:
for the State of Kansas, applied to the said coinmisbias in favor of the parties who by the terms of this
sioners to have certain lanus in each townsbip set treaty obtain these lands at nearly balf a million
EXECUTIVE DEPARTMENT. apart to the permanent school fund of the State, as dollars less than the sum offered in the above pro
TOPEKA, KANSAS, June 9, 1863.
guarantied to the State of Kansas in the act of adposal. It also appears that the State of Kansas is entitled To the Senate of the United States :
mission, and the said commissioners wholly refused
to allow said lands, or any equivalent thercior, to be by the terins of the act adınitting that State into the The undersigned, executive officers of the State of
so devoted to the State. Laion to the sixteenth and thirty-sixth sections in Kansas, juost respectfully memorialize your honor And afhant further says that the Indians of the each lownship of surveyed public lands to accrue to able bodyagainst the ratification of the treaty recently said tribe of Great and Little Usages complain that the permanent school fund of that Scaie; lhat in lieu concluded with the Osage Indians, whereby they
they were forced to sign the said treaty by threats of suid scctions the State is guarantied an equivalent
agree to cede the lands.now held by them in this that the United States would withdraw its protection theretur; tbat a large portion of the State has been Scute to the Leavenworth, Liwrence, and Galveston
from them, and that their presents, gifts, or annuities taken out of the operation of this beneficial provis Railroad Company, on the following grounds, to wit: would be withheld from them, and by divers other ion for schools by the numerous Indian reservations 1. That the Usitges were incluced to conclude the
intimidations and influences, and that if they had therein; that in ihe disposition heretoforo made of treaty by threats and.ialse representations, whereby not so been influenced they would not have signed these reservations no cquivalent bas been granted they were made to believe that it was the design of
the said treaty, and are still and remain greatly disthe State for the said sections; that at the session of the State authorities to make war upon them, and
satisfied; that there is a large population of wbito the said Usage council, while deliberating upou the cither kill them or drive them from their reservation.
settlers upon both the diminished reserve and the terms of this treaty, the State superiutendent of pube
2. That the price agreed to be paid is grossly in trust sands of the said Osages; that these sortiers lic instruction for Kansas applied to the said com adequate to the value of the lands; that a much
entered upon the said lands with the full knowledge missioners w obtain some provision among the varilarger price was offered; that the payments are ex
and voluntary consent in writing of the chiefs and ons terms of the pending ireaty tor the school fund teuded over it long series of years; and that the final
head men of the said Indians; that there has been no of the State-representing that the lands proposed cousummation of the treaty wouid be a flagrant rob
survey of the diminished reserve, and that the trust to be granted the Leavenworth, Lawrence, and Gala bery of the Indians.
lands have only been recently surveyed; that very vestou Railroad Company comprised fully one sixth 3. That no provision is made in the treaty for the
few of tho settlers upon the trust lands are located of the whole State, and sbould contribute their equal benefit of schools, or in the interest of the settlers
on a square quarter section "as surveyed, and conshare to the permanent school fund, in accordance who bave gone upon the lands and made improve
sequently get one hundred and sixty acres, including with the plan upon which public lands in Kinsas ments, but that both these interests are remitted to
their improvements, at Government price; that no were disposed of by the act of adinission. It appears the tender mercies of speculators and inonopolists.
protection was promised or guarantied in any form that he was rofused in this reasonable prayer.
4. That the lands thus ceded coinprise nearly one to the balance of the settlers upon either the trust It furtherappears that the said Leavenworth, Low fifth of the area of the entire State, the whole of
lands or the diminished reserve; that fully balf of rence, and Galveston Railroad Company, according which will be withheld from settletnent and devel
the cight million acres included in the said lands to their survey, do not conteinplate constructing their opinent, except upon such terms as the monopolists bartered by the tering of the said treaty to the LOLVroad upon or across these lands; that thesaidlandsare may dictate,
enworth, Lawrence, and Galveston railrond -conamply pullicient in value to richly endow two or three 5. That the success of this fraud will tend to retard
trolled by the said William Sturges-are first class roads it justly appropriated and disposed of: that iinipigration, thus inilitating agaiust the best inter
and very valuable lands, fully equal to the best lands upward of oue halt thereof are rich and valuable ests of the State, as well as otthe country at large.
in Kansas: that the settlers thereupon are willing lands, and such as would readily sell to actualsettlers 6. That the persons who will derive the chief ben.
to pay $1 25 per aere for the said lands; tbat albant at or more tban 31 25 per acre. efits of this trealy are strangers to the State, and in
fully believes from the number of settlers already There aro also charges before your committeo that no wise identified with its interests,
locating upon said lapds that four million acres of the Osages were improperly influenced to consent to
7. That they believe the whole system of permitting | said lands could be disposed of by the Government toe signing of said treaty; that they were very reluc or encouraging the Indiitos to cede to private cor
of the United States within four years from the date tant to executo it: and ibat at no time before or since porations is pernicious; thutin extinguishing Indian
Z. R. OVERMAN. its execution were they satisfied to sell their lands at
lites the Government should become the purchaser, such a price or upon such securities. permitting the settlers to procure titles at the mini
Subscribed and sworn to before me this the 16th It appears to your comunittee that the system of mum rate, withdrawing from sale when the aggre
day of June, 1808., L. M. CHAPIN, bartering inwense tracts of ludian lands to railway gate of the purchase-money shall bave been realized,
Justice of the Peace. companies or private parties, without protection to
and then allowing the preemption and homestead the sellers, and by methods calculated to bar tho
laws to operate as in other cases. advance of civilization, or in any way, except by absoFor these and other reasons which might he enu
(C.) lute cession to the United States, is too unreasonable merated, the undersigned respectfully request the
District of Columbia, 88 : to merit serious thought, and if such lands are to be
Senute to negative the treaty recently concluded made available for works of public improvement
with the Osages, and which has been or will be sub Solomon Markham, of lawful age, being duly they sbouk so be disposed as to give full protection mitted for their consideration.
sworn, deposes and says that he is a citizen of Kansas, to present and prospective settlers, and should accrue
S. J. CRAWFORD, Governor. and resides near the Catholic Mission, so called, in to the use and benefit of all the roads that they will
R. A. BARKER,
Neosho county, Kansas, and upon lands lately bereasonably endow.
Secretary of State. longing to the reservation of the Great and Little Yourcommittee therefore conclude thatenid treaty
J, R. SWALLOW,
Osage Indians; that he was sent by the settlers upon is in violation of the rights of the settlers and of jus
Auditor of State. the Osage lands to the city of Washington to securo tice to the Indians; that it is uujust to the tax-poyers
through the Congress of the United Stntes a sale of of Kausas, because it places in the power of a corpo
State Treasurer, such lands transferred or receded to the United States ration the weans to prevent tho speedy settlement
GEORGE H. HOYT,
or other parties by the said Osages to the settlers of about one sixth of the State; that it is unjust 10
Attorney General. upon said lands on just and reasonable terms; that the State of Kansas, in that it ignores the school in
the late treaty executed on Drum Creek, in Osuge terests as guarded by the act of adinission, and oper
Superintendent Public Instruction. county, by certain commissioners of the United States ates injuriously upon the prospective growth and The foregoing is a truo copy, furnished at the re
with the said Osage Indians is a fraud upon the settlement thereof; that it is unjust to the nation,
people of Kansas and the whole country; that the because the funds granted are sufficient to endow quest of Hon. SIDNEY CLARKE.
said treaty works deep injustice to a large number various rounds, and are ample to secure the building
of worthy and industrious people wbo have located of the whole line from Fort Leavenworth to Galves
their homes and families upon the said lands, for the ton bay; that it is destructive of the railroad system District of Columbia, 8R:
following among other reasons, namely: because the of Missouri and Kansas, and while of no bencfit or
2.R.Overinan, of lawful age, first being duly storn, said settlers are left to the mercy of the parties conadvantage to the Government, it accomplishes no
deposes and says he is a citizen of the State of Kane trolling the Leavenworth, Lawrence, and Galveston result cxcept to extravagantly enrich the persons
sas, and residcs upon a portion of the lands known Railroad Company for the location, amount, and controlling the company in whose interest it was
as the diminished roserve of the Great and Little price of their lands; that po guarantees are given
Osages; that he was selected by the settlers upon the then that any railway will be constructed through Appended to this report are respectfully submitted said reserve and by the settlers upon the lands known or upon suid lands or any portion thereof; that the a protest of the Governor, Secretary of State, auditor as the Osage trust lands to attend a council there
Osages had agreed and were willing tosell their lands of State, Stato treasurer, attorney general, and su after to be held between the representatives of the to the Government so that the Government inight perintent of public instruction of the State of Kan
several bands of the Great and Lille Osage Indians dispose of them to actual settlers upon terms just and Sas, in:rked X. Also the affidavit of Z.R. Overman,
and certain commissioners of the United States for reasonable ; that no part of said lands were set apart a representative of the settlers upon the lands sold,
the purpose of effectuatinga treaty between the said to the permanent school fund of the State, in accordmarke1 B; affidavit of Solomon Markhain, also rep;
Iudians and the United States; tbat the said council ance with the plan upon which Kansas was admit. pasting the settlers, marked C; atlidavit of General
was held in the month of diay last, and a treaty was ted. And alliant says that more than one ball of Charles W. Blir, marked D; affidavit of George H.
signed by the chiefs and head men of the said tribo the eight million acres bartered away by the terms Hoyt, marked E: together with a copy of the pro
and the commissioners of the United States on or of this treaty to the railroad owned or controlled by
about the 27th day of May last; that prior to and at Mr. William Sturges, of Chicago, are valuable lands The committee recommend the ndoption of the following resolutions, and that copies of the sainc
the signing of said treaty atliant was in attendance equal to any in tbe United States, and ought pot to
upon the sessions of the said council; that he is per be put in title and possession of any man; that be furnished for the information of the Senate.
sonally well acquainted with the chiefs, head men, within four years, if thrown open to actual settleSIDNEY CLARKE, and braves of the said bands; that the commissioners ment, every acre would be dispogull of easily at the R. T. VAN HORN, of the United States produced at said council a draft price of $1 25; that the proceeds of the lands upon JOIN P. C. SUANKS, of a treaty already prepared, being the same treaty any just and reasonable method would build tbree JOHN TAFFE.
in form and substance afterward executed by the railways instead of one, as proposed in this treaty; G. W. SCOFIELD,
parties respectively, and which is now pending the that attant is informed and believes that the sale of W, MUNGEN. action of the Senate of the United States.
these lands ostensibly to tho Leavenwortb, Lawrence.
visions of said treats.
and Galveston railroad is in fact a sale to William
Osage NATION, May 18, 1868. Fé Railrond Company, besides the protection they purpose of a vast speculation, and that the said offered to the settlers, were and are willing, if their
SIR: I have the honor to propose to you, and treaty was executeil in fraud of the settlers, the In company receive all or any portion of these lands,
through you to the commission appointed to treat dians, the people of Kansas, and the whole country, that an express provision inay be incorporated into
with the Usage Indians for their trust lands and and varivus oilier railway compavies who offered the treaty to the effect that the price of Government
diminished reserve, tunt the lands comprised therein more for the lands than did the said Sturges and Tands shall be the price of these lands--that is to say,
be acquired by the United States Government and coinpany. SOLOMON MARKTIAM. $250 per acre within ten iniles of their road on either offered for sale, in a body, to the highest bidder, thus side, and $1 23 per acre beyond--the settler to take
leaving it open to the competition of all coin panies Subscribed and sworn to before ine this the 10th his lands upon such showing of occupation and
who desire to purchase the same, hereby pledging day of June, 1868.
improvement as would entitle him to the benefit of myself that the railroad company I represent will
offer for the whole of said lands at least the sum of
$2.000.000, giving any guarantee of payment that the demands that this provision should be made in the
Government may require, which sum is $300,02%) inore Statement relative to the Osage Treaty. treaty, let the lands be disposed of otherwise as they
than that proposed to be paid by the Leavenworth, a trenty was concluded on Drum Crcek, in the may
Lawrence, and Galveston Railroad Company. Osage nation, about the 27th of May lust, between
It may be further stated that the Indians knew Should it be against the policy of the Government the chiefs and braves of the Usage Indians and Hon. they had been offered a higher price for their land
to purebase lands except under condition of imineN. G. Taylor, commissivner of Iudian affairs, Hon. than this treaty provides--that this higher price was
diate transfer to parties or companies who can make Thomas Murphy, superintendent of the central supoffered them by men whom they knew and in wborn
tbe required payments, we respectfully request your erintendency, Colonel A. G. Boone, and Major
they ball confidence, with some of whom they had commission to create the trust in the treaty for the Snow, agent of the Usages, representing the Governhad dealings for twenty-five years, and they were
benefit of our company, we to pay therefor the sum ment, with Judge Blackledge as scoretary of the naturally anxious to sell to the best advantage, and
of $2,000,000, I wouid alsostate that our railroad comcomtoission.
to men whom they thought they could trust; but pany is properly incorporated, traverses the whole The treaty conveys the whole of the Osage lands, they claim that the commissioners informed them
length of these lands from East to West, and is in comprising eight million acres, (being filty by two that the Government would not permit them to sell
the hands of inen of capital and influence, hundred and tilty miles,) to the Leavenworth, Law
to any company except the Leavenworth, Lawrence, We propose, also, to accept all the terms and conrence, and Galveston Railroad Company for $1,690,000, and Galveston Company: The truth of this is corrob
ditions of the treaty as already drawn and prepared payable as follows: $100,000 in cash within three orated by the fact thut the commissioners, all of
by the commission, and, in addition, to secure the months from the ratification of the treaty, and tho
them, without exception, stated repeatedly to white rights of the half-breeds, protect the settlers, and remaining $1,500,000 in the bonds of the company,
mpen, in reply to urgent entreaties to divide the lands make liberal donations for school purposes, changpayable $100,000 each year for fifteen years, and
among two or three roads, that no treaty could or ing the treaty only by substituting the name of the bearing interest at the rate of five per cent. per au
would be ratified by the Senate unless the whole of Missouri, Fort Scott, and Santa Fé Railroad Coinnum. It is really a treaty by and between the Usage the lands were given to this one company.
pany for that of the Leavenworth, Lawrence, and Ludians and the railroad company, to which the
It was publicly represented, too, by those who Galveston Railroad Company, for which change we Guvernment becomes a party by permitting it to be
assumed to speak by the authority of the commis offer more than a half million dollars in addition to dope in the interest of the company, and without
sioners, that this treaty was drawn up and agreed the annount proposed by Mr. Sturgis. protecting the rights of the Indians by providing any
upon in Washington, before the commission went Our company is composed of and supported by men security for the payment of the money other than the
out; that it was drawn with the approval of leading of large capital and intluence. (the Governor of the bonds of said company. These bonds are really the
members of the administration, and leading members State beingone of the directors.) who are abundantly only securily the Indians have. It is true that the
of the Senate, of both political parties; that the com able to give all the guarantees required by the treaty, treaty provides that patents shall be issued only in
bination or "'ring" was too powerful to be withstood, or which inay be imposed by the Governinent, such proportion to the amount paid; but the railroad
and that the treaty would have to be made and con guarantees to be given prior to the submission of corupany does not wish patents to issue until they firmed as originally drawn.
the treaty to the Seuato ior ratification. are ready to sell, which will not be until the road is
The chiefs repeatedly asked permission to have I also inake this proposition: for the purpose of completed to a point opposite to said lands, and may
certain white men in whom they had confidence, as harmonizing conflicting interests and advancing the not be for the next ten years. In the mean time the
their counsel, present at their conference with the interest of the North and South, as well as the East Indians will hold the bonds, but be ullerly destituto
commissioners, to advise and counsel with them; and West national thoroughtare, I am content that of money--their lands sold, but they without means
but the commissioners refused, unless they would the treaty may include both roads, giving the Leavento purchase others in their stead.
take such counsel as they (the commissioners) chose worth, Lawrence, and Galveston Company two tbirds It is scarcely to be expected that the Cherokees or to provide, which they were not willing to do.
of said lands, and securing to the Missouri, Fort Scott, Creeks will sell tbem lands for these bonds, or that the
It is certain that for over two weeks the Indians and Santa Fé Railroad Company one ibird of the Government will purchase and pay for lands for them,
refused to sign the treaty, no one, apparently, being same, being equal in proportionate value, and divided taking these railroad bonds as security for payment.
in favor of it, and that all at once, apparently with by blocks of sections from north to south, two blocks It the interests of the Indians are to be consul'ed, the
out any sufficient cause, they all signed it. They to their road and one to ours, alternately, through
claim that they were forced to do it by threats and represcutatives of the Governinent should have pro
the whole length of said lands, east to west, we to intimidation on the one part, and fair promises on vided some tangible security for the payment of the
take ours by express stipulations in the treaty to our the other in case of coinpliance. inoney as it became due, either by the indorsement
road by name, and on the same terins and conditions
It is more than probable that these thrents were of the Government or otherwise; and they should
of payment and otherwise as are imposed on the made by outside parties in the interest of the railhave perinitted the sale to be made to the company
other company. road company, and not countenanced by the coinofering the bighest price for the lands, other consid
All these propositions seem to me fair and just, missioners; but there was so much apparent identity eratious being equal. The subjoined correspondence
and the acceptance of any one of them will secaro of interest between them that it was difficult for even will show that the commissioners were determined
the cordial coöperation of myself
and friends in an observant white man to tell who represented the the treaty should be made in the interest of the
favor of the speedy completion of the treaty, by the Government and who the railroad company, and it Leavenworth, Lawrence, and Galveston Railroad
exertion of all the influence we can command in its is, therefore, not at all wonderful that the Indian behalf. Company, and on the terms proposed by its represent
failed to detect the difference between them. Ceratives or made not at all,
I am, Colonel, very respectfully, your obedient sertain it is, that one coinmissioner, at least, publicly
vant, These lards comprise nearly one fifth of the whole
CHARLES W. BLAIR, stated to the Indians that their annuity goods, due State of Kansas, and are the last body of lands out them by the provisions of a former treaty, would not
President Alissouri, kort Scotl, and Santa Fö of which railroads can be endowed. There are
be delivered to them till they signed this treaty; and enough to endow three roads reasonably well: and if
Hon. N. G. TAYLOR, Commissioner of Indian Affairs. that, scemingly. in pursuance of this threat, said they are to be disposed of for the benefit of railroads
P. S.-I would respectfully request that this propogoods were reloaded into the wagons which had the interests of the railroad system of the State brought them to the councilgrounds; and it is equally
sition be filed and preserved with tho papers of the should be taken into consideration, and the roads of certain that said goods were not distributed until
commission for further reference, southern Kansas, in which the lands lie, should haye
after the treaty had been signed. their fnir proportion. Especially should the MidThe Indians claim that they were threatened with
No. 2. souri, Fort Scott, and Santa Fé railroad be endowed, as it has its initial point at Sedalia, on the Missouri the displeasure of the Government if they refused to
OSAGE NATION, May 20, 1868. sign; that they were told that the Government would Pacific, and runs southwesterly, via Fort Scott and not protect them against the Arrapahoes unless they
Sir: As it is anticipated or feared that representaOsage Mission, through the whole length of these made the treaty; and Commissioner Boone did state
tions may or have been made to your coinmission Jands, two hundred and fifty miles, in the direction in public council that if the Osages would sign this
that the Missouri, Fort Scott, and Santa Fé Railroad of Santa Fé. This road has no grant or endowment treaty they (the commissioners) would go out on the
Company is irresponsible or unable to furnish to tho of public lands, while the Lawrence and Galveston Plains and conclude a peace between the Osages and
Government the proper guaranties of payment, in road already has eight hundred thousand acres along
case they acquire any or all of these lands by treaty, Arrapahoes. its line in the State of Kansas, donated to it by the
The Indians represent that they weretold that unless
I have the honor to propose to you, as security for liberality of Congress; and its surveyed line does not they signed this treaty they would get no presents,
such guaranties as may be required, the bond of S. run within twenty miles of the lands ceded to it by no annuity goods; that the Government would not
A. Williams, B. P. McDonald, and C. F. Drake, who the recent treaty, pay them for the land already purchased of them,
are worth over one hundred thousand dollars; or I The treaty makes no provision for the half-breed and that the Governor of Kansas would turn the mil
am willing to give you here, on the ground, as colo Osages who may desire to remain on said lands and itia of the State out against them, and they would
lateral security for such guaranties, the draft of the becoine citizens of the United States. It inakes no kill and drive them off their lands, taking them
banking-house of A. McDonald & Brother, on New increase in the State endowment of schools, and
York, for the sum of $30,000, without any payment whatsoever; and when they makes bat insufficient and incomplete provision for fled to the Plains they would be decimated by the
This security is offered as a pledge of our entire the hardy pioneers who are the out-posts and adArrapahoes, and between the two enemies they would
good faith, as well as our ability to comply with any vance guard of the civilization rapidly moving to the gradually be extinguished.
condition of payment which may be imposed on our West.
company in case said lands are granted to it.
It is not claimed that these threats were made or The trust lands (so called because ceded in trust countenanced in any way by the commissioners
Very respectfully, your obedient servant, by a former treaty) are embraced in this treaty, the
CUARLES W. BLAIR, former one, so far as it applies to thein, being abro honorable men would stoop to no such miserable
President Missouri, Fort Scott, and Santa Fé subterfuge-but it is susceptible of proof that such gated by the new arrangement. They comprise a threats, and probably worse ones, were made to the
kailroad Company. tract of twenty milcs, north and south, running the Indians by white men who were in daily association
Hon. N. G. TAYLOR, Commissioner of Indian Afairs. whole length of the tract; and the trenty provides that settlers on the lands, at the date of the treaty,
with the commission, and who professed to speak by
Reply to Nos. 1 and 2. inay have one hundred and sixty acres, including
It is known to the writer of this statement that outtheir improvements, at Government price, on a square
OSAGE COUNCIL GROUND, side parties stated that the commissioners had requarter section. As the survey is just completed, and
OSAGE NATION, Miry 20, 1803. solved to remove the representatives ofthe Missouri. as nearly all the settlement there was made prior to Fort Scott, and Santa Fé Railroad Company by mili
Sir: Your communication of the 18th instant, aid survey, it follows that few bave their improvetary force from the Osage reserve, on the pretext of
addressed to me as Commissioner of Indian Affairs, ments on a square quarter; and as they aro not perinterfering with the treaty; and that this was com
making various propositions in reference to the purmitted to cross section or quarter 'section lines to fill municated to the friends of that road with a view of
chase of the Osage lands, was received and laid becore out their one hundred and sixty acres, but few
I was instructed by the commission to reply that, expressly made with a view to cut off as many of the the friends of that road had too high a respect for tho
for various reasons satisfactory to it, neither of your settlers as possible, uuder the color and show of commission to believe that they had ever authorized
propositions is accepted. apparent fairness.
With sentiments of high personal respect, I havo such threats, and therefore gave no credence to them. No provision whatever is made for the settlers on Attention is invited to the correspondence copied
the honor to remain, your obedient servant, the remaining portion of said land-being thirty by
below. two hundred and fifty miles in extent-but they are
CHARLES W. BLAIR, left wholly to the tender mercios of the railroad
President Missouri, Fort Scott, and Santa Fe
General C. W. BLAIR, President Fort Scolt and Santa
Railroad Company. company.
Fé Railroad Company.
N.G. TAYLOR President Osage Commission.
ney general of the said State; that since the execu $100,000 in cash, and shall execute and deliver to him 03AGE NATiox, Muy 25, 1868.
tion of the treaty between the United States and the its bonds for the further sum of $1,500.000, bearing
Osages of southern Kansas, at Drum Creek, on or interest, payable semi-annually, at the rate of five Sir: As you stated, in your public council with the
about May 27, A. D. 1868, numerous complaints have per cent. per annun; the interest on said bonds to Indians, that all future consultations between the
been lodged in his otlice relating to the said treaty and commence when the Osages remove froin their pres. como missioners and Indians were to be private, from
the action of the commissioners of the United States. ent reservation, which date shall be fixed, and notice which all others were to be rigidly excluded, and
And affiant avers upon information and belief that thercof given to the company, by the Secretary of tbus other parties can only reach the Indians through
gross deceit was practiced upon the said Osago In the Interior. One bundred thousand dollars of said you, I have the honor to request perinission to call
dians by thesaid commissioners; that the said Indians bonds shall become duo and payable each and every them together in council with the representatives of
were informed or caused to be informed by the said year after the date of execution thereof, so that tho the Missouri, Fort Scott, and Santa Fé Railroad
commissioners that the United States would not proCompany, with a view of submitting to their con
lost $100,000 of said bonds shall become due and paytect them or give them their presents or annuities able in fifteen years from the date of execution sideration a treaty with said company on the follow
unless they consented to sign the particular treaty thereof. And if said company shall pay the said sum ing basis:
brought by them froin Washington; that other in of $100,000, and deliverits said bonds, bearing interest First. A purchase of all their lands for said road at
ducements were held out to the said Indians, and, for $1.500.000, as above provided, and shall, one $2,000,000-$100,000 to be paid in ninety days from the
among others, the promise to secure peace betwcen year thereafter, pay $100,000 of said bonds, and inratification of the treaty by the Senate of the United them and their enemies, the Arrapahoes.
terest on the whole otsaid bonds from the date when States, and the other payments at the rate of $100,000
Afliant further avers that the lands conveyed by said interest sball have begun to accrue, and shall per year until the whole purchase money is paid, the
the terms of said treaty to the Leavenworth, Lawwhole to bear interest at therate of five per cent. per
have built and equipped not less than twenty miles rence, and Galveston Railroad Company comprise of said railroad from Ottawa, Kansas, in a southerly annum from the ratification and promulgation of the
about eight million acres, equal to about one sixth direction, then patents shall be issued to it by the treaty till paid.
of the nrea of the whole State of Kansas, and nearly Accond. One hundred and sixty acres of land
Secretary of the Interior for an amount of said lands double the area of the State of Massachusetts; that to be designated under his direction equal in value secured, free of cost, to every half-breed Osage, malo
he is familiar with that section of the State of Kansas, to one fifteenth part of the lands which are herein and female, over twenty-one years of age, who may
having frequently traversed it; tbat inore than half authorized to be sold to said company, deducting desire to remain on said lands and become a citizen
the said lands are first class and very rich and valu and excepting, however, from said amount of land of the l'nited States.
able lands-well watered and timbered along the the lands which shall have been, between the dato Third, Ouchundred and sixty acres secured to such
waters of the Neoshy and the valleys of the Verdigris of the purchase by said company and that date, pursettlers who mily be on any portion of said lands at
rivers, together with numerous tributaries; that the chased by settlers as hereinafter provided. the date of said treaty, at $1 25 per acre, being Gor
said lands are desirable in every respect, and are And if said company shall, annually thereafter, erument price therefor.
being fast settled upon by a thrifty and industrious pay $100,000 of said bonds, and interest as thereinbeFourth. Every sixteenth section of said lands to be
people; that abandopment of those settlers, by this douated to the State of Kansas for the endowment
fore provided on all the remaining bonds, and shall. of her public schools.
treaty, to the cupidity of speculators and non-resi each and every year thcreafter, build and equip not Firth. The interest of said purchase money to bo
dents, has caused a very bitter feeling to pervade the less than twenty miles of said road until the same
people of the whole State; that a large portion of paid semi-annually, and disposed of in the treaty in
shall have reached tbo southern boundary of the ibeso lands would readily sell for $1 25 per acre within State of Kansas, it shall, at the date of each of such a mauner satisfictory to the Indians, and so as to
three or four years; that the proceeds of their sale, annual payments, receive patents for a like amount promote their best interests. Sixth. Patents to issue to said company for said
upon any just or reasonable terms, would construct in value of said lands, to be selected under the direc
not only the Leavenworth, Lawrence, and Galveston lands only in proportion to the amountactually paid.
tion of the Secretary of the Interior, deducting and Seventh, said principal and interest to be paid by
railway to and beyond the limits of Kansas, but would excepting from said amount the lands which shall
also build the Fort Scott and Santa Fé and the Union bave been, between the date of the next preceding said railroad company to the Secretary of ihe Interior, and the interest disbursed to the Indians by Pacific, southern branch, railways.
payment and tbat date, preëmpted and paid for us And afliant says that Kansas is entitled to the sixhim, through the commissioner of Indian Allairs.
hereinafter provided; and on payment of the last of As this council has now been in session about two
teenth and thirty-sixth sections of land in each town said bonds and interest, as herein provided, it shall weeks, and the Indians have thus far declined to treat,
ship, or an equivalent therefor, for the permanent be entitled to receive patents for all the remainder
school fund of the State: that a large portion of the of said lands hercin authorized to be sold to it. although all other propositions have been withheld
State has been absorbed by Indian reservations ; The whole of said lands, it purchased by said comfrom them, except that of the Leavenwortb, Law
that in the retrocession or transfer of these reservarence, and Galveston Railroad Company, it is now but
pany, sball be appraised, at its expense, by three fair that they should have an opportunity of con
tions no equivalent has been granted the State for disinterested appraisers to be appointed by the Secsidering another proposition which gives them a
said sections; that Professor McVickar, superin retary of the Interior, whose compensation shall not larger sum of inoney for their lands, protects the set
tendent of public instruction for Kiinsas, applied to exceed ten dollars per day, in full for services and
the commissioners to obtain a portion of said Osage expenses, and whose appraisal, when approved by tlers on the same, secures it home to the half-breeds, cnlarges the State endowment for school purposes,
lands for the uses of the school fund, and his appli the Secretary of the Interior, shall govern in ascerand which is quite as fair to the Government as the
cation was refused. And atliant says all the above taining the relative value of the amounts of land proposition so long considered and rejected.
facts, together with various other material evidence, from time to tine selected and paid for, as hereinIt the responsibility of the coinpany is doubted. I
be will be able to produce in case reasonable time is before provided. When said company shall mako
allowed him before the ratification of the said treaty its first payment and deliver its bonds to the Secreagain offer, as before, as a gunrantee of good faith and pecuniary ability, the bond of mpen worth $100.000
by the Senate of the United States, and further saith tary of the Interior, as above provided, he shall exenot.
GEORGE II. HOYT. cute and deliver to it a certificate setting forth tho or the draft of a responsible hanking house on New York for $50,000, to be forfeited in case the company
fact that it has elected to purchase the lands herein fail to comply with the requirements of the treaty.
Subscribed and sworn to before me, this the 16th provided to be sold, and is entitled to the possession I have also the honor to request that this proposi day of June, 1868.
E. M. CHAPIN,
and use of the same; which certificate shall be evition be filed with the papers of the commission for
Justice of the Peace.
dence of the right of said company to the possession further reference.
and use of the said lands so long as it shall comply
with the conditions of purchase therein prescribed Very respectfully, your obedient servant,
Articles of a treaty madle and concluded at the Osage
as against all persons except Osages or other persons council ground, on Drum creek, in the Osage nation,
connected with the nation as may have authority President Missouri, Fort Scoll, and Santa Fé
in the State of Kansas, on the 27th day of May, A. D. Railroad Company.
from the Secretary of the Interior to remain tempo. 1868. by and betteen the United States, represented by rarily on said lands. But such certificate shall not Hon. N. G. TAYLO2, Commissioner of Indian Afairs. Nathaniel G. Taylor, Commissioner of Indian Affairs;
authorize the taking of any timber or stone from any Thomas Murphy, superintendent of Indian affairs for
of said lands, except from such as shall have been Reply to No.3.
the central superintendency; George C. Snorr, agent selected and paid for as herein provided. Osage COUNCIL GROUND, for the Indians of the Neosho agency, and Albert G.
None of said lands shall be subject to taxation Osage NATIOX, May 26, 1863. Boone, special agent, (commisrioners auly appointed exccpt such as shall bave been patented to said Sir: Your communication addressed to ine, of yes
by the President of the United States for the purpose.) company, or selected and paid for as above provided. terday's date, was banded to me half an hour since
and the Great am Little Osage tribe of Indims, rep And whenever any patent shall issue to said railroad by Colonel Wilson. resented by their chiefs, councilmen, and head men
company for any part of said lands it shall contain I have the honor in reply to inform you that, bav duly authorized to negotiate und treat in behalf of said the condition that said company shall sell the lands ing, immediately on its receipt, submitted your letter tribe, as follows:
described in said patent, except so much as may be to the commission, it instructed me, unanimously, to
necessary for the operation of said road, within five respond that this cominission, having
been appointed The tribe of the Great and Little Osage Indians are years from the issu:ince of said patent. But if the and commissioned by the President to treat with the desirous of removing from Kansas to a new and said company sball fail to pay the said sum of $100,000 Osige Indians, has no power to transfer that author permanent home in the Indian Territory, and of first above mentioned, and to deliver its bonds for ity to others, nor any disposition to do so. We have making an advantageous and absolute sale of their $1,500,000, as above provided, within three months Pleasure in adding that present indications are en lands in the State of Kilnsils. They desire, moreover, from the ratification and promulgation of this trcaty, tirely favorable to a successful termination of our to so dispose of these lands as to aid in the speedy then it shall have no exclusive right of purchasing
extension of the Leavenworth, Lawrence, and Ga said lands, but the lands shall then be surveyed With sentiments of high regard, I have the honor veston railroad to and through the Indian Territory, under the direction of the Secretary of the Interior, to be, very truly, your obedient servant,
it being the only road now in process of construction and appraised by three disinterested appraisers, to be N.G. TAYLOR,
running directly through the said Territory which is by him appointed, and offered for sale to actual setPresident Osage Commission and Commissioner to be the future home of themselves add their race, tlers for a period of one year from the promulgation Indian Afairs.
and for the further reason that it will give them in of this treaty, at not less than its appraised value, General CHARLES W. BLAIR, President Fort Scott and
under such rules and regulations as the Secretary of their new home the means of transit and transportaSanta Fé Railroad Company.
tion, and will tend to promote among them and their the Interior may, from time to time, prescribe. And
brethren the arts and habits of civilized life. The at the expiration of said year, should any of said (D.)
Government of the United States is willing that the lands remain unsold, the Secretary of the Interior District of Columbia, Washington county, SS:
company constructing said railroad may become the sball cause the same to be sold in a body for cash, at Before the undersigped, a notary public in and for
purchasers of said lands on terms favorable to the not less than its appraised value. The proceeds of the District of Columbia, personally came Charles
Osages and the settlers, because said railroad has such sales, as they accrue, after deducting the exW. Blair, of lawful age, who, being duly sworn,
received from the United States no money subsidies, penses of survey and appraisement, shall be invested deposes and says, that the correspondence copied in
and only an inconsiderable land grant, and because by the Secretary of the Interior for the benefit of the accompanying printed statement is a true copy
when constructed it will become a great trunk line said Indians, as hereinafter provided. of the correspondence that passed between him
from the Missouri river to the Gulf of Mexico, and The Secretary of the Interior may proceed to sell the Hon. N. G. Taylor, Commissioner of Indian Affairs.
with its branches will open to settlement vast and said lands in a body on the most advantageous terms: He further states that the facts embodied in the
fertile districts, now too remote from railroads and Provided, however, That the same couditions and printed statement accompanying said correspond
navigable waters to be susceptible of advantageous terms shall be observed as herein stipulated: And ence, so far as the same are stated of his own knowlsettlement and cultivation.
provided further, That said lands shall not be sold for edge, are true, and, so far as stated on the informa It is, therefore, agreed that the
Leavenworth, Law. less than the price herein agreed to be paid therefor. tion of others, he believes to be truc, both in substance rence, and Galveston Railroad Company, a corpora In the event that after sufficient notice has been
given no gale can be made of said lands in the manCHARLES W. BLAIR. tion duly organized under the laws of the State of
Kansas, shall have the privilege of purchasing the ner last aforesaid, and if tbe said company shall, Sworn to and subscribed, this 16th day of June. present reserve of the Osages in Kansas, and also the after paying said
suin of $100.000, and delivering said
$1,500,000 of bonds, fail to make payment of any porJOHN F. CALLAN, strip of land lying along the north border of the Notary Public. present reservation, ceded to the United States in tion of the principal or interest remaining due within
trust by article second of the treaty betweeen the thirty days from the date when the same shall be
United States and the Great and Little Osage In come due and payable, said company shall forfeit all (E.)
dians, concluded September 29, 1865, on the following its right to any portion of said lands not heretoforo
terms and conditions: said company shall, within selected and paid for. And all of said lands herein George H. Hoyt, being dulysworn, deposes and says be is a citizen of the State of Kapsas, and is attor
three nonths after the ratification and promulgation provided to be sold to said company which shall of this treaty, pay to the Secretary of the Interior remain unpaid for shall thereupon be sold by tho
and in fact.
A. D. 1868.
District of Columbire, 68 :