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been accomplished by this committee of con- ical action. Compare him 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! men representing the Senate, for I believe they || I ask the Senate in regard to Mr. Jones to

THURSDAY, June 18, 1868. have tried to represent the Senate. Selecting | stand by its unanimous vote of yesterday.

The House met at twelve o'clock m. Prayer 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 Radicals. 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 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 confer: Tennessee. 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

the Committee on Expenditures in the Interior support of any single name as was given yes | House, and that they adopt a short, plain Department. terday by the Senator from Ohio [Mr. SHER- || comprehensive bill in about these terms:

CALL OF TUE IIOUSE. MAN) and the Senator from Vermont (Mr. More

Be it enacted, That every red-handed rebel who RILL] in support of George W. Jones. For took part against the Government of the United

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 South that tended to bring on the conflict,

the blood of Union soldiers, upon taking an oath The motion was agreed to.

that he will support the Radical party shall be, and against this party to some extent, against men, he 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 And now, for no reason except that there | Kentucky vote for that bill?

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, Bronwell, Brooks, Burr, Cook, Covode, a political party, he is to be stricken out of this | bill as vote for the one under consideration.

Dixon, Dodge, Driggs, Finney, Fox, Garfiold, Gloss

brenner, Grover. Holman, Hopkins, Asahel W. bill removing disabilities. He has not been in I think that in principle and in justice that Ilubbard, Chester D. Hubbard, Richard D. Hubbard, any of the States where the reconstruction would be about equivalent to this.

Julburd. Ilumphrey, Hunter. Ingersoll, Johnson, policy has been carried out. Of course he has

Jones, Judd, Kelley, Laflin, George V. Lawrence, 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. so far as I know, has been living a quiet, | taken, resulted-yeas 22, nays 7; as follows:

Ross, Solye, Shellabarger, Sitgreaves, Taylor, Van

Auken, Burt Van Horn, Robert T. Van Horn, John retired, unobtrusive life, who has participated

YEAS-Messrs. Anthony, Cattell, Colc, 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. I have not heard 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- Mr. BINGHAM. I move that all further been leading a quiet, retired life. Now he is kle--7.

ABSENT - Messrs. Bayard, Buckalew, 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, Grincs,

Mr. BINGHAM. I now desire to call up. named being stricken out. Perhaps the com:

Howard, Ilowe, 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 Governbefore-and withdrew from Congress at the


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 TIIE 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 wbich have been returned from the House of

Mr. BANKS. I ask unanimous consent to all of his influence, against the scbemes 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 á 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 vote 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 Representatives to the bill (S. No. 377) to

the state of war shall be deemed at an end so 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

Mr. TRUMBULL. I move that the Senate that come in under the rule? 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 bis restoration to the full exercise when a court is to be held.

The SPEAKER. If there is no objection of the right of citizenship than in regard to any The amendment was concurred in.

it will be referred to the Committee on Forother name in the bill.

eign Affairs. The Chair hears none, and it is There is not one of these men that can pro


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 hands for other purposes.

TERRITORY OF WYOMING. are stained with northern blood, who partici- The 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: 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

No. 357,

to provide a temporary governmerit States oat; 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 | session, a full and complete statement of all the judgto Congress, at the cominencement of every December | remaining on the Speaker's table.

No objection being made, it was ordered to out!

ments 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 in whose favor rendered, together with a brief synop

Nr. ASHLEY, of Ohio, subsequently enthing of that kind. Such palpable wrongs 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 amend. where. I speak, 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

concur in that amendment. him in the House of Representatives, not only The amendment was concurred in.

EXTRA PAY OF GOVERNMENT EMPLOYÉS. because of bis personal qualities, but because

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) not know a better man. He is incomparably proceeded to the consideration of executive giving additional compensation to certain emabove the men who wentinto the strife and now i 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. Il doors were reopened, and the Senate adjourned. at Washington.



Mr. WASHBURN, of Indiana. I move to

The SPEAKER. The Chair has been re, decided in the affirmative-yeus 73, nays 57, lay the motion on the table.

quested by the committee of clerks in the vari. not voting 59; as follows: The SPEAKER. Does the gentleman from ous Departments to state to the House that the

YEAS- Messrs. Allison, Bailey, Baker. Benman, Ohio surrender the floor?

applause at the passage of the joint resolution Beatty. Benjalad, Binion, bougham, Liniue, BuutMr. BINGHAM. I do not. I call the pre- a few days since was disapproved by them and Well, Broomall. Buckland, Reader . Clarke, Covious question on the motion to reconsider. by the clerks generally, and they wished the burn. Cooks, Cornell, Corude, CudioDives, Dciano,

Donnelly, Eggleston. Lia, Ferriss. Ferry. Fields The SPEAKER. The gentleman cannot Speaker to state this, fearing that it might have Getz, Haight, Ilalsey, llardins, Hawkins, Bill, Halspeak after that. prejudiced them in the eyes of the House.

burd, Julú, Julian, kisey, ketcham, Koontz, Loau,

Louhridze, Marvin. Maynard, McCarthy, McClurg, Mr. BINGHAM. I do not desire to.

Mr. BiNGHAM. I now inove •to lay the Mercur, Moorhend, Mullins, Newcoinb, Peters, Pike, Mr. WASHBURN, of Indiana. I move to joint resolution on the table.

Pale, Plants, Pulsley. Prive, Robertsou, Sawyer, Scolay the motion to reconsider on the table. Mr. RANDALL. On that motion I demand

field, Sbanks. Aron F. Stevens, Taylor, Trowbridge, Mr. ELIOT. I desire to ask a parliament

Upson, Van Aernam, Van Wyck, Ward, Elibu B. the yeas and nays.

Washburne, William B. Wishburn, Welker, Thomas ary question : whether the result of the motion,

Mr. WASHBURN, of Indiana. Will the Williams, William Williams, James F. Wilson, and if carried, will not be to open to amendment the gentleman from Ohio withdraw that motion to

Jolin T. Wils01--73.

NAYS-Messrs. Anderson, Archer, Delos R. Ashlast clause of the resolution. I think it was not

allow me to enter a motion to reconsider the ley, Beck, Blair, Cake, Cary, Chanior, Cobb, Dixon, understood by many who voted in favor of it.

vote by which the joint resolution was ordered Driggs, Eckley. Eldridge, Eliot, Farnswortb, Glossa The SPEAKER. If the motion to lay on

brenner, Golladay, Gravely, Groyer, ligby, lotchto be engrossed and read a third time, so that

kis, Jenckes, Johnson, Kitchen, Knott, Logau, Malthe table the motion to reconsider prevails, the it may be amended.

lory, McCornick. McCullouzh, Morrell, Mungen, bill will then stand as it passed and will be sent Mr. BINGHAM. I cannot, for the reasoa

Myors, Viblack, Niebolson, U'Neill, Paine, Poweroy, to the Senate. If it should not prevail, and the that the amendments would not improve it.

Pruyn, Randall, Robinson, Sehenek, Shellabarger,

Smith, Spalding, Starkweather, Stewart, Stokes, House should then reconsider the third read. Mr. MAYNARD. I suggest to the gentle- Stone, Taber, Taffe, Thomas, John Triinble, Lawing 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.

Trump, llenry D. Washburn, and Woodward-57. the gentleman, wbo has charge of the joint res- NOT VOTING - Messrs. Adams, Amcs, Arnell, Mr. WASHBURN, of Indiana. If the gen. 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 third reading I will withdraw it Mr. MULLINS. I object.

Churchill, Sidney Clarke, Dodze, linney, Fox, Gar:

field, Griswold, lolman, looper, Hopkins, Asabel now.

Mr. RANDALL. Then let us vote down W. Hubbard, Chester D. Hlubbard, Richard D. Hub. Mr. BINGHAM. It will amount to the same the motion to lay on the table.

bard, Humphrey, llunter, Ingersoll, Jones, Kelley, thing.

Kerr, Litlin, George V'. Lawrence, William Law. Mr. BINGHAM. I insist on my motion,

repce, Lincoin. Lynch, Marshall, Miller, Moore, VorMr. WASHBURN, of Indiana. No, it will The yeas and nays were ordered.

rissey, Sunn, Orth, Perham, Phelps, Poland, Raum, leave the bill open to amendment.

Mr. WASHBURN, of Indiana. If ibis

Russ, Selye, Sitgreaves, Thaddeus sieveux, l'au AuMr. BINGHAM. I cannot make any agree.

ken, Burt V:lloro, Cadwalader C. Washburn, motion is defeated, will the joint resolution be Stephen F. Wilson, Windon, Wood, and Woud. ment about it.

bridge-50. Mr. WASHBURN, of Indiana. I then

open to amendment? insist on the motion. The SPEAKER. A motion can be made

So the motion to reconsider was laid on the

table. The questiou being put and appearing to be prevails the joint resolution will be amendto reconsider the third reading, and if that


able. Mr. WASHBURN, of Indiana, demanded

Mr. CLARKE, of Kansas. I have been the yeas and nays.

Mr. WASHBURN, of Indiana. Then it instructed by the Committee on Indian Affairs,

will be amendable if this motion is lost? who are instructed to report at any time not The yeas and nays were ordered.

The SPEAKER. It will be if the third The question was taken; and it was decided reading is reconsidered.

in the morning hour, to submit a report for

action at this time. I ask that the report be in the negative-yeas 4o, nays 86, not voting

The question was taken ; and it was decided read. 58; as follows:

in the affirmative-yeas 68, nays 64, not vot- The report was read, as follows: YEAS-Mossrs. Anderson, Archer, Delos Ri. Ash- il ing 57; as follows:

The Committee on Indian Affairs, to whom was ley, Jaines M. Ashley, Cake, Cary, Cobb, Eckley, Eldridge, Glossbrenner, Golladay, Gravely, Hotch- YEAS-Messrs. Allison, Bailey, Baker, Beaman,

referred the message of the President of the United kiss, Humphrey, Johnson, Kerr,, Kitchen, Lo- Beatly. Benjamin, Benton, Bingham, Blaine, Bout

States and acoompanying documents relating to a

treaty lately made by the United States with the gan, McCorinick, Moore, Morrell, Mungen, Myers, well, Broomall, Buckland, Butler, Churchill, Reader Nicholson, O'Neill, Paine, Pruyn, Randall, Rob

Great and Little Osage Indians, report as fillows: W. Clarke, Sidney Clarke, Coburn, Cook, Cornell, inson, Schenck, Smith, Spalding. Starkweather, Corode, Dawes. Delano, Eggleston, Ela, Ferry, Fields,

It appears from information before the committee Thaddeus Stevens, Stewari, Stokes. Stone, Taber, Getz, Haight, Halsey, Ilarding. Hawking, Hill, Ilul

that the treaty was prepared in Washington before

the session of ihe council with the Usages, and that Thomas, John Trimble, Twichell, Robert T. Vad burd, Judd, Kelsey, Ketcham, Koontz, Loughridge, llorn, Van Trump, Henry D. Washburo, and Wood- Marvin, Maynard, McCarthy, McClurg, Mercur,

its ternis were agreed upon by various parties in

interest before submission to the Indians. The real}, Ward-15.

Mullins. Newcomb, Peters. Pike, Polsley, Price, RobNAYS- Messrs. Allison. Bailey, Baker, Beaman, ertson, Sawyer, Scofield, Shanks, Aaron F. Stevens,

in substance, relinquishes by the said Usage Iudians Beatty, Beck, Benjamin, Benton, Bingham, Blaine, Taylor, Trowbridge, Upson, Van Aernam, Van Wyck,

an exceedingly valuable tract of land lying in south, Blair. Boutwell, Broomall, Buckland, Butier. Chan

ern Kansas, ainounting to eight inillion acres. It Ward, Cadwalader c. Washburn, Elihu B. Washler, Churchill, Reader W. Clarke, Sidney Clarke, Co- burne, William B. Washburn, Welker, Thomas

does not provide for the retrocession of the said lands

to the United States, but transiers the same to a burn, Cook, Cornell, Covode, Dawes, Delano, Dixon, Williams, William Williams, James F. Wilson, and Donnelly, Driggs, Eggleston. Ela, Eliot, Farnsworth, John T. Wilson-68.

railway company, known as ine Leavenworth, Lawn Ferry, Fields, Getz, Haight, Halsey, Harding, Haw- NAYS-Messrs. Anderson, Archer, Delos R. Ash

rence, and Galveston Railroad Company, at a price kins, Higby, Ilill, Ilulburd, 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, l,oughridge, Dixon, Donnelly, Driggs, Eckley, Eldridge, Eliot,

lands upon said terus, with the condition tbat said Marvit, Maynard, McCarthy, MoClurg, MeCullough. Farnsworth, Glossbrenner, Goliaday, Gravely, Gro

company shull pay to the Secretary of ibe Interior Mercur. Moorhead. Mullins, Newcomb, Peters, Pike, ver, ligby, llotchkiss, Jonckes, Johnson. Kerr,

within three nonths from the date of the ratitioation Pile, Plants, Polsley, Price, Robertson. Sawyer, Kitchen, Knott, Loan, Logan, Mallory, McCormick,

of the said treuty by the Senate of the United States Scoticlu, Shanks, Aaron F. Stevens, Taffe, Taylor, McCullough, Moore, Moorhead, Morrell, Mungen,

$100,000 to the use and for the benetic of the said Lawrence S. Trimble, Trowbridge, Upson, Van Myers, Niblack, Nicholson, O'Neill, Paine, Plants,

Osage ludiaus. The balance of the $1,649,000, the prico Aernam. Van Wyck, Ward, Cadwalader c. Wash- Pomeroy, Pruyn, Randall, Robinson, Schenck, Shel

of said lands, is mado payable in annualinstallments burn, Elihu B. Washburne, William B. Washburn, Inburger, Spalding, Starkweather. Thaddeus Stevens,

of $100,000 per annui, together with interest at live Welker, Thoinas Williams, William Williams, and Stowart, Slokes, Stone. Taber, Taffe, Thomas, John

per cent, per annum, secured only by the boud of tho James F. Witson-86. Trimble, Lawrence S. Trimble, Twichell, Robert T.

railroad compauy, aud not even made a mur gage ou

the road. NOT VOTING-Messrs. Adams, Ames, Arnell, Ax: Van Horn, Van Trump, Henry D. Washburn, and tell, Baldwin, Banks, Barnes, Parnum, Boyer. Brom- Woodward-61.

No provision is made in this treaty for the protecwell. Brooks, Burr, Cullom, Dodge, Ferriss, Finney. NOT VOTING-Messrs. Adams, Ames, Arnell,

tion of the settlers upon thirt portion of the ceded Fox, Girfield, Griswold, Grover, Holman, Hooper,

lands known as the diminished reserve, of whom it Axtell, Baldwin, Banks, Barnes, Barnum, Boyer, Hopkins, Asahel W. Hubbard, Chester D.IIabbard, Bromwell, Brooks, Burr, Chanler, Cullom, Dodge,

appears there is a large number, but they are lelt Richard D. Iubbard, Hunter, Ingersoll. Jones, Ferriss, Finney, Fox, Garfield, Griswold, Ilolman,

wholly to be dealt with according to the merey or Kelley, Laflin, George V. Lawrence, William Law- looper. llopkins, Asahel W. Hubbard, Chester D.

cupidity of tho parties controlling said railway. Of rence, Lincoln, Lynch, Mallory, Marshall, Miller, Hubbard, Richard D. Hubbard, tumphrey, Hunter,

ibosescttlers upon another portion of the lands ceded, Morrissey, Niblack, Vunn, Orth, Perhain, Phelps,

known as the Osage trust lands, comprisin z about Ingersoll, Jones, Julian, Kelley: Latin, George V. Poland, Pomeroy, Raum, Ross, Selye, Shella barger, 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. Perham, Phelps.

occupied a “square quarter sectiou” at the time of Wilson, Stephen F. Wilson, Wiadom, Wood, and Pile, Poland, Raum, Ross, Selye, Sitgreaves, Siniih,

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 So the Ilouse refused to lay the motion to Windou, Wood, and Woodbridge-57.

Government price. Inasmuch as these lands were

only recently surveyed, it follows, upon the testireconsider on the table.

So the joint resolution was laid on the table, mony of reliable witresses, that nearly all of these The question recurred upon seconding the

settlers will be excluded from the benefits of the proMr. BINGHAM. I now move to reconsider

viso because very few have located upon "squaro 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 The previous qnestion was seconded and the to reconsider be laid on the table.

favorable to the Indians, the settlers, and the United

States were submitted to the Comarissioner, but wore main question ordered; being upon the motion Mr. WASUBURN of Indiana, and Mr. ROB- with beld from the Indians by them and retuscd cputo reconsider the vote by which the joint reso- INSON, called for the yeas and nays on the

sideration. The following propositions were sublution was passed.

mitted to the commissioners by the Missouri, l'ort motion to lay the motion to reconsider on the

Scott, and Santa Fé Railroad Compmy: Mr. WASHBURN, of Indiana. On that table.

Försl. A purehaso 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, $104,000 to be paid in ninety days from the The yeas and nays were not ordered. yeas and nays; and upon a division there were

ratification of the treaty by the Senate of the loited

States, and the other payments at the rate of $100,00 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 rille vi live per cent, per The question recurred on the passage of the last vote) the yeas and nays were ordered.

annum from tne ratification and prouulgation of the

treaty till paid. joint resolution.

The question was then taken; and it was Second. Ono hundred and sixty acres of land se

cured, free of cost, to every half-breed Osago, malo and female, over twenty-one years of age, who may • desire to remain on said lands and become a citizen of the Uuited States.

Third, One hundred and sixty acres secured to such settlers who may be on any portion of said lands at the date of said treaty, at $1 25 per acre, being Gov. erowent price therelor.

Fourth. Every sixteenth section of said lands to be doualcu to the Stato of Kansas for the endowment of ucr public schools.

Filed. The interest of said purchase money to be paid semi-annually, and disposed of in the treaty in a maduer satislactory to the Indians, and so as to promote their best interests.

Sieth. Patents to issue to said company for said lands only in proportion to the amountilctually paid.

Seventh. Said principal and interest to be paid by said raw road company to the Secretary of the Interior, aud ibe interest disbursed to the Indians by him, through the Commissioner of Indian Affairs.

This proposal was accoinpanied by the tender of a reasouble guarantee tor the fulfillment by the said company of their part of the proposed compact, and was perein ptorily disunissed by the commission. It will be seen that their refusal to submit these or any other propositions to the Indians indicates a singular bias in favor of the parties who by the terios of this treaty obtain these lands at nearly balf a million dollars less than the sum offered in the above proposal.

It also appears that the State of Kansas is entitled by the terms of the aet adinitting that State into the Union to the sixtocuth and thirty-sixth sections in each township of surveyed public lands to accrue to the permanent school fund of that Staie; that in lieu of said sections the Stilte is guarantied an equivalent theretur; that a large portion of the State has been taken out of the operation of this beneficial provision for schools by the numerous Indian reservations therein; that in ihe disposition herotoforo made of these reservations no cquivalent bas been granted the State for the said sections; that at the sessiou of the said Osage council, while deliberating upon the terms of this treaty, the stato superiutendent of public instruction for Kansas applied to the said commissioners to obtain some provision among the various terins of the pending treaty tor the school fund of the State-representing that the lands proposed to be granted the Leavenworth, Lawrence, and Galvescon Railroad Company eomprised fully one sixth of the whole State, and sbould contribute their equal share to the permanent school fund, in accordance with the plan upon which public lands in Kansas were disposed of by the act of admission. It appears that he was refused in this reasonable prayer,

It furtherappears that the said Leavenworth, Lawrenee, and Galveston Railroad Company, according to their survey, do pot conteinplate constructing their road upou or across these lands; that the said lands are amply suficient in value to richly endow two or three roads if justly appropriated and disposed of; that upward of one half thereof are rich and valuable lands, and such as would readily sell to actualsettlers at or more than $1 25 per acre.

There are also charges before your committee that the Osages were improperly influenced to consent to the signing of said treaty; that they were very reluctant to executo it: aud ibat at no time before or since its execution were they satisfied to sell their lands at such a price or upon such securities.

It appears to your comunittee that the system of bariering immense tracts of Indian

lands to railway companies or private parties, without protection to tbe settlers, and by methods calculated to bar tho 'advance of civilization, orin any way, except by absolute cession !o the United States, is too unreasonable to inerit serious thought, and if such lands are to be inade available for works of public improvement they should so be disposed as to give full protection to present and prospective settlers, and should accrue to the use and benefit of all the roads that they will reasonably endow.

Your committee therefore conclude that said treaty is in violation of the rights of the settlers and of justice to the Indians; that it is uvjust to the tax-payers of Kansas, because it places in the power of a corporation the weans to prevent tho spoedy settlement of about one sixth of the State; that it is unjust to the State of Kansas, in that it ignores the school interests as guarded by the act of adınission, and operates injuriously upon the prospective growth and settlement thereof; that it is unjust to the pation, because tbe lands granted are sufficient to endow Various roads, and are ample to secure building of the whole line from Fort Leavenworth to Galveston bay; that it is destructive of the railroad system of Missouri aud Kansas, and while of no benefit or adsantage to the Government, it accomplishes no result cxcept to extravagantly enrich the persons controlliug the company in whose interest it was executed.

Appended to this report are respectfully submitted a protestof the Governor, secretary of State, auditor of State, State treasurer, attorney general, and superintent of public instruction of the State of Kansas, in:rked A. Also the aflidavit of Z. R. Overman, a representative of the settlers upon the lands sold, in urkcd B; affidavit of Solomon Markham, also representing the settlers, marked C; affidavit of General Charles W. Blair, marked D; affidavit of George H. Iloyt, marked E; together with a copy of the provisions of said treaty.

The committee recommend the adoption of the following resolutions, and that copies of the saine be furnished for the information of the Senate.


Resolded, (as the sense of the House of Representatives,) That the treaty concluded on the 27th of May, 1869, with the Great and Littlo Osage tribe of In. dians, both in its express terms and stipulations, and in the means employed to procure their acceptanco by the Indians, is an outrage on their rights; that, in transferring to a single railroad corporation eight million acres of lands, it not only disregards tho rights and interests of other railroad corporations in the State of Kansas, and builds up a frightful land monopoly in defiance of the just rights of the settlers and of the people of the United States, but it assumes the authority, repeatedly denied by this Ilouse, to dispose of those lands by treaty otherwise than by absolute cession to the United States, and for purposes for which Congress alone is compotent to provide.

Resolved, That this louso does hereby solemnly and earnestly protest against the ratification of said pretended treaty by the Senate, and will feel bound to refuse any appropriations in its behalf, or to recognizo iis validiiy in any form.

Resolved. That a copy of the foregoing resolutions be transmitted to the Senate of the United States.

The following are the documents accompanying the report:



TOPEKA, Kansas, June 9, 1868. To the Senate of the United States:

Tbe undersigned, executive officers of the State of Kangas, juost respectiully memorialize your honorable body against the ratification of the treaty recently concluded with the Osago Indians, whereby they agree to cede the lands-now held by them in this Saute to the Leavenworth, Lilwrence, and Galveston Railroad Company, on the following grounds, to wit:

1. That the Usages were induced to conclude the treaty by threats and.talse representations, whereby they were made to believe that it was the design of the State authorities to make war upon them, and cither kill them or drive them from their reservation.

2. That the price agreed to be paid is grossly inadequate to the value of the lands; tbat a kuch larger price was offered; that the payments are ex: tended over it long series of years; and that the final cousummation of the treaty would be a flagrant robbery of the Indians.

3. That no provision is made in the treaty for the benefit of schools, or in the interest of the settlers wbo bave gono upon the lands and made improvements, but that both these interests are remitted to the tender mercies of speculators and inonopolists.

4. That the lands thus ceded comprise nearly one fifth of the area of the cntire State, the whole of which will be withheld from settlement and development, except upon such terms as the monopolists may dictate,

5. That the success of this fraud will tend to retard iminigration, thus inilitating agaiust the best interests of the State, as well as of the country at large.

6. That the persons who will derive the chief benefits of this treaty are strangers to the State, and in no wise identified with its interests,

7. That they believe the whole system of permitting or encouraging the Indians to cede to private corporations is pernicious; thutin extinguishing Indian iitles the Government should become the purchaser, permitting the settlers to procure titles at the minimum rate, withdrawing from sale when the aggregate of the purchase-money shall have been realized, and then allowing the preëmption and homestead laws to operate as in other cases.

For these and other reasons which might be enumerated, the undersigned respectfully request the Senute to negative the treaty recently concluded with the Osages, and which has been or will be submitted for their consideration.

S. J. CRAWFORD, Governor.

Secretary of State.

Auditor of State. M. ANDERSON,

State Treasurer. GEORGE H. HOYT,

Attorney General. P. MeVICAR,

Superintendent Public Instruction. The foregoing is a true copy, furnished at the request of Hon. SIDNEY CLARKE.

Affiant further deposes and says tbat it was evident from the hearing of the said coiumissiouers, and trutu their proceedings at the said council, that they intended to make the said trenty exclusively for the benefit and in the interest of the Leavenworth, Lawrence, and Galveston railroad, represented by vile William Sturges, of Chicago, and disregarding thio rights of the settlers, the rights of the Indians, of other railroads, and the State of Kansas; that thio said commissioners claimed that the said treaty was agreed upon in Washington before the session of ihe council, and could only pass and be ratified by thio Senate of the United States ils drawn and presented.

Alliant further says that the said Indians did not want to sell their lands; did not want to sell to a railroad company, but to the Government of the United States if forced to part with them, or otherwise, to parties making the best and bighest bid for the lands; that the sessions of the council were secret, and white men were excluded therefrom unless attached or belonging to the party of the said coinmissioners; that the Indians wanted certam white men for counsel present at the conferences, but were refused unless they would take such counsel as wero assigned them by the coin in issioners; that Professor P. McVickar, superintendent of public instruction for the State of Kansas, applied to the said coinmissioners to have certain lanus in each towusbip set apart to the permanent school fund of the State, as guarantied to the State of Kansas in the act of admission, and the said commissioners wholly refused to allow said lands, or any equivalent theretor, to be so devoted to the State.

And afhant further says that the Indians of the said tribe of Great and Little Osages complain that they were forced to sign the said treaty by threats that the United States would withdraw its protection from them, and that their presents, gifts, or annuities would be withheld from ihem, and by divers other intimidations and influonees, and that if they had not so been influenced they would not have signed the said treaty, and are still and remain greatly dissatisfied; that there is a large population of wbite settlers upon both the diminished reserve and the trust Jands of the said Osages; that those settlers entered upon the said lands with the full knowledge and voluntary consent in writing of the chiefs and head men ofthe said Indians; that there has been no survey of tho diminished reserve, and that the trust lands bave only been recently surveyed; that very few of the settlers upon the trust lands are located

on a square quarter section "as surveyed, and consequently get one hundred and sixty acres, including their improvements, at Government price; tbat no protection was promised or guarantied in any form to the balance of the settlers upon either the trust lands or the diminished reserve; that fully balf of the cight million acres included in the said lands bartered by the terms of the said treaty to the Leavenworth, Lawrence, and Galveston railroad --controlled by the said William Sturges--are first class and very valuable lands, fully equal to the best lands in Kansas : that the settlers thereupon are willing to pay $1 25 per aere for the said lands; that athant fully believes from the number of settlers already locating upon said lands that four million acres of said lands could be disposed of by the Government of the United States within four years from the date hereof.


Subscribed and sworn to before me this the 16th day of June, 1808, L. MI. CHAPIN,

Justice of the Peace.

(B.) District of Columbia, 88:

Z.R.Overian, of lawful age, first being duly sworn, deposes and says he is a citizen of the State of Kansas, and resides upon a portion of the lands known as the diminished reserve of the Great and Little Osages; that he was selected by the settlers upon the said reserve and by the settlers upon the lands known as the Osage trust lands to attend a council thereafter to be held between the representatives of the several bands of the Great and Lite Osage Indians and certain commissioners of the United States för the purpose of effectuating a treaty between the said Indians and the United States; that the said council was held in the month of díay last, and a treaty was sigaed by the chiefs and head men of the said tribo and the cornuissioners of the United States on or about the 27th day of May last; that prior to and at the signing of said treaty alliant was in attendance upon the sessions of the said council; that he is personally well acquainted with the chiefs, head men, and braves of the said bands; that the commissioners of the United States produced at said council a draft of a treaty already prepared, being the same treaty in form and substance afterward executed by the parties respectively, and which is now pending the action of the Senate of the United States.

(C.) District of Columbia, 88 :

Solomon Markham, of lawful age, being duly sworn, deposes and says that he is a citizen of Kansas, and resides near the Catholic Mission, so called, in Neosho county, Kansas, and upon lands lately belonging to the reservation of the Great and Little Osage Indians; that he was sent by the settlers upon the Osage lands to the city of Washington to securo through the Congress of the United States a sale of such lands transferred or receded to the United States or other parties by the said Osages to the settlers upon said lands on just and reasonable terms; that the late treaty executed on Drum Creek, in Osage county, by certain commissioners of the United States with the said Osage Indians is a fraud upon tbo people of Kansas and the whole country; that the said treaty works deep injustice to a large number of worthy and industrious peoplo who have located their homes and families upon the said lands, for the following among other reasons, namely: because the said settlers are left to the mercy of the parties controlling the Leavenworth, Lawrence, and Galveston Railroad Company for the location, amount, and price of their lands; that po guarantees are given thein that any railway will be constructed through or upon said lands or any portion thereof; that the Osages had agreed and were willing to sell their lands to the Government so that the Government might dispose of them to actual settlers upon terms just and reasonable ; that no part of said lands were set a part to the peripanent scbool fund of the State, in accordance with the plan upon which Kansas was adiuitted. And alliant says that more than one halt of the eight million acres bartered away by the terms of this treaty to the railroad owned or controlled by Mr. William Sturges. of Chicago, are valuable lands equal to any in the United States, and ought not to be put in title and possession of any man; that within four years, if thrown open to actual settlement, every acre would be disposeel of easily at the price of $1 25; that ihe proceeds of tholands upon any just and reasonable method wond build three railways instead of one, as proposed in this roy; that aftiant is informed and believes that the sale or thesc lands ostensibly to the Leavenworth, Lawrence,

and Galveston railrond is in fact a sale to William Sturges, of Chicago, who controls the said company, and who is endeavoring to obtain sa d lands for the purpose of a vast speculation, and that the said treaty was executeil in fraud of tho settlers, the Indians, the people of Kansas, and the whole country, and various other railway companies who offered more for the lands than aid the said Sturges and company.


Subscribed and sworn to before in this tho 16th day of June, 1868.


Justice of the Peace,

Statement relative to the Osage Treaty. A treaty was concluded on Drum Creek, in the Osage nation, about the 27th of May last, botircen the chiefs and braves of the Usage Indians and Hon. N. G. Taylor, commissioner of Indian affairs, Hon. Thomas Murphy, superintendent of the central superintendency, Colonel A. G. Boone, and Major Snow, agent of the Osages, representing the Government, with Judge Blackledge as secretary of the cominission.

The treaty conveys the whole of the Osage lands, comprising eight million acres, (being filiy by two hundred and tilly miles,) to the Leavenworth, Lawrence, and Galveston Railroad Company for $1,690.000, payable as follows: $100,000 in cash within three months from the ratification of the treaty, and tho remaining $1,500,000 in the bonds of the company, payable $100.000 each year for fifteen years, and bearing interest at the rate of five per cent. per aunum. It is really a treaty by and between the Usage Iudians and the railroad company, to which the Guvernment becomes a party by permitting it to be done in the interest of the company, and without protecting the rights of the Indians by providing any security for the payment of the inoney other than the bonds of said company. These bonds are really the only security the Indians have. It is true that the treaty provides that patents shall be issued only in proportion to the amount paid; but the railroad company does not wish patents to issue until they are ready to sell, which will not be until the road is completed to a point opposite to said lands, and may not be for the next ten years. In the meantime the Indians will hold the bonds, but be ulterly destituto of money-their lands sold, but they without means to purchase others in their stead.

It is scarcely to be expected that tKe Cherokees or Creeks will sell tbem lands for these bonds, or tbat the Government will purchascand pay for lands for them, taking these railroad bonds as security for payment. If the interests of the Indians are to be consulied, the representatives of the Government should have provided some tangible security for the payment of the money as it became due, either by the indorsement of the Government or otherwise; and they should bave permitted the sale to be made to the con pany offering the highest price for the lands, other consideratious being equal. The subjoined correspondence will show that the commissioners were determined the treaty should be made in the interest of the Leavenworth, Lawrence, and Galveston Railroad Company, and on the terms proposed by its representatives or made not at all.

These lands comprise nearly one fifth of the whole State of Kansas, and are the last body of lands out of which railroads can be endowed. There are enough to endow three roads reasonably well; and if they are to be disposed of for the benefit of railroads the interests of the railroad system of the State should be taken into consideration, and the roads of southern Kansas, in which the lands lie, should haye their fnir proportion. Especially should the Missouri, Fort Scott, and Santa Fé railroad be endowed, as it has its initial point at Sedalia, on the Missouri Pacific, and runs southwesterly, via Fort Scott and Osage Mission, through the whole length of these lands, two hundred and fifty miles, in the direction of Santa Fé. This road has no grant or endowment of public lands, while the Lawrence and Galveston road already has eight hundred thousand acres along its line in the State of Kansas, donated to it by the liberality of Congress; and its surveyed line does not run within twenty miles of the lands ceded to it by the recent treaty.

The treaty makes no provision for the half-breed Osages who may desire to remain on said lands and becoine citizens of the United States. It makes po increase in tbe State endowment of schools, and makes but insufficient and incomplete provision for the hardy pioneers who are the out-posts and advance guard of the civilization rapidly moving to the West.

The trust lands (so called because ceded in trust by a former treaty) are eun braced in this treaty, tho former one, so far as it applies to them, being abrogated by the new arrangement. They comprise a tract of twenty miles, north and south, running the whole length of the tract; and the trenty provides that settlers on the lands, at the date of the treaty, may have one hundred and sixty acres, including theirimprovements, at Government price, op a square quarter section. As the survey is just completed, and is nearly all the settlement tbere was made prior to aid survey, it follows that few bave their improvements on a square quarter; and as they aro not permitted to cross section or quarter'section lines to fill out their one hundred and sixty acres, but few will derivcany benefit from the provision. Indeed, it seems expressly made with a view to cut off as many of the settlers as possible, under the color and show of apparent fairness.

No provision whatever is made for the settlers on the remaining portion of said land-being thirty by two hundred and filty miles in extent-but they are left wholly to the tender mercics of the railroad company.

It is proper to add in this connection that tho directors of the Missouri, Fort Scott, and Santa Fé Railroad Company, besides the protection they offered to the settlers, were and are willing, if their company receive all or any portion of these lands, that an express provision inny be incorporated into the treaty to the effect that the price of Government landssball be the price of these lands--that is to say, $2.50 per acre within ten miles of their road on either side, and $1 25 per acre beyond-the settler to take bis lands upon such showing of occupation and improvement as would entitle him to the benefit of the precinption act of September 4, 1841, and its amendments. Justice to the settler imperatively demands that this provision should be made in the treaty, let the lands be disposed of otherwise as they may

It may be further stated that the Indians knew they had been offered a higher price for their land thin this treaty provides that this higher price was offered them by men whom they knew and in wborn they had confidence, with some of whom they had had dealings for twenty-five years, and they were naturally anxious to sell to the best advantage, and to men whom they thought they could trust; but they claim that the commissioners informed them thai the Government would not permit them to sell to any company except the Leavenworth. Lawrence, and Galveston Coinpany: The truth of this is corroborated by the fact that the commissioners, all of them, without exception, stated repeatedly to white men, in reply to urgent entreaties to divide the lands among, two or three roads, that no treaty could or would be ratified by the Senate unless the whole of the lands were given to this one coin pany.

It was publicly represented, too, by those who assumed to speak by the authority of the commissioners, that this treaty was drawn up and agreed upon in Washington, before the commission went out; that it was drawn with the approval of leading members of the administration, and leading members of the Senate, of both political parties; that the combination or "ring" was too powerful to be withstood, and that the treaty would have to be made and confirmed as originally drawn.

The chiefs repeatedly asked permission to havo certain white men in whom they had confidence, as their counsel, present at their conference with the commissioners, to advise and counsel with them; but the commissioners refused, unless they would take such counsel as they (the commissioners) chose to provide, which they were not willing to do.

It is certain that for over two weeks the Indians refused to sign the treaty, no one, apparently, being in faror of it, and that all at once, apparently without any sufficient cause, they all signed it. They claim that they were forced to do it by threats and intimidation on the one part, and fair proinises on the other in case of compliance.

It is more than probable that these threats were made by outside parties in the interest of the railroad company, and not countenanced by the coinmissioners; but there was so much apparent identity of interest between them that it was difficult for even an observant white man to tell who represented the Government and who the railroad company, and it is, therefore, not at all wonderful that the Indian failed to detect the difference between them. Certain it is, that one commissioner, at least, publicly stated to the Indians that their annuity goods, due them by the provisions of a former treaty, would not be delivered to them till they signed this treaty; and that, seemingly, in pursuance of this threat, said goods were reloaded into the wagons which had brought them to the councilgrounds; and it is equally certain that said goods were not distributed until after the treaty had been signed.

The Indians claim that they were threatened with the displeasure of the Government if they refused to sign; tbat they were told that the Government would not protect them against the Arrapahoes unless they made the treaty; and Commissioner Boone did state in public council that if the Osages would sign this treaty they (the commissioners) would go out on the Plains and conclude a peace between the Osages and Arrapahoes. The Indians represent that they were told that unless they signed this treaty they would get no presents, no annuity goods; that the Government would not pay them for the land already purchased of them, and that the Governor of Kansas would turn the militia of the State out against them, and they would kill and drive them off their lands, taking them without any payment whatsoever; and when they fled to the Plains they would be decimated by the Arrapahoes, and between the two enemies they would gradually be extinguished.

It is not claimed that these threats were made or countenanced in any way by the commissionershonorable men would stoop to no such miserable subterfuge--but it is susceptible of proof that such threats, and probably worse ones, were made to the Indians by white men who were in daily

association with the commission, and who professed to speak by their authority.

It is known to the writer of this statement that outside parties stated that the commissioners had resolved to remove the representatives of the Missouri, Fort Scott, and Santa Fé Railroad Company by military force from the Osage reserve, on the pretext of interfering with the treaty; and that this was communicated to the friends of that road with a view of inducing them to intermit their efforts to get from tho coin mission a fair proportion of these lands; but the friends of that road had too high a respect for tho commission to believe that they had ever authorized such threats, and thereforegave no credence to them.

Attention is invited to the correspondence copied below.

CHARLES W. BLAIR, President Missouri, Fort Scott, and Santa Fe

Railroad Company.


Osage NATION, May 18, 1868. Sir: I have the honor to propose to you, and through you to the commission appointed to treat with the Usage Indians for their trust lands and diminished reserve, tuut the lands comprised therein be acquired by the United States Governinent and offered for sale, in a body, to the highest bidder, thus leaving it opon to the competition of all companies who desire to purchase the same, hereby pledging myselt 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 Government may require, which sum is $200,000 inuro than that proposed to be paid by the Leavenwortli, Lawrence, and Galveston Railroad Company.

Should it be against the policy of the Government to purchase lands except under condition of iminediate transf-r to parties or companies who can make tbe required payments, we respectfully request your commission to create the trust in the treaty for the benefit of our company, we to pay therefor the sun of $2,000,000. I wouid also state that our railroad company is properly incorporated, traverses the whole length of these lands from East to West, and is in the bands of men of capital and influence.

We propose, also, to accept all the terms and conditions of the treaty as already drawn and prepared by the commission, and, in addition, to secure the rights of the half-breeds, protect the settlers, and make liberal donations for school purposes, chang. ing the treaty only by substituting the name of the Missouri, Fort Scott, and Santa Fé Railroad Coinpany for tbat of the Leavenworth, Lawrence, and Galveston Railroad Company, for which change we offer more than a half million dollars in addition to the annount proposed by Mr. Sturgis.

Our company is composed of and supported by men of large capital and intluence, (the Governor of the State being one of the directors,) who are abundantly able to give all the guurantees required by the treaty, or which may be imposed by the Government, such guarantees to be given prior to the subunission of the treaty to the Senato for ratification.

I also make this proposition : for the purpose of harmonizing conflicting interests and advancing the interest of the North and South, as well as the East and West national thoroughtare, I am content that the treaty may include both roads, giving the Leavenworth, Lawrence, and Galveston Company two tbirds of said lands, and securing to the Missouri, Fort Scott, and Santa Fé Railroad Company one third of the same, being equalin proportionate value, and divided by blocks of sections from north to soutb, two blocks to their rond and one to ours, alternately, through the whole length of said lands, east to west, wo to take ours by express stipulations in the treaty to our road by name, and on the same terms and conditions of payment and otherwise as are imposed on the other coinpany.

All these propositions seem to me fair and just, and the acceptance of any one of tbem will securo the cordial coöperation of myself

and friends in favor of the speedy completion of the treaty, by the exertion of all the influence we can command in its behalf.

I am, Colonel, very respectfully, your obedient servant,

CHARLES W. BLAIR, President Missouri, Fort Scotl, and Santa Fe

Railroad Company. Hon. N. G. TAYLOR, Commissioner of Indian Affairs.

P. S.--I would respectfully request that this proposition be filed and preserved with the papers of the commission for further reference,

C. W. B.

No. 2.

OSAGE Nation, May 20, 1868. Sir: As it is anticipated or feared that representations may or have been made to your commission that the Missouri, Fort Scott, and Santa Fé Railroad Company is irresponsible or unable to furnish totho Government the proper guaranties of payment, in case they acquire any or all of these lands by treaty, I have the honor to propose to you, as security for such guaranties as may be required, the bond of S. A. Williams, B. P. McDonald, and C. F. Drake, who are worth over one hundred thousand dollars; or I am willing to give you here, on the ground, as collateral security for such guaranties, the draft of the banking-house of A. McDonald & Brother, on New York, for tbe sum of $50,000.

This security is offered as a pledge of our entire good faith, as well as our ability to comply with any condition of payment which may be imposed on our company in case said lands are granted to it. Very respectfully, your obedient servant,

CUARLES W. BLAIR, President Missouri, Fort Scott, and Santa

kailroad Company. Hon. N. G. TAYLOR, Commissioner of Indian Affairs.

Reply to Nos. 1 and 2.


OSAGE NATION, May 20, 1868. Sir: Your communication of the 18th instant, addressed to me as Commissioner of Indian Affairs, making various propositions in reference to the purchase of the Osage lands, was received and laid belore the commission.

I was instructed by the commission to reply that. for various reasons satisfactory to it, neither of your propositions is accepted.

With sentiments of high personal respect, I havo the honor to remain, your obedient servant,


President Osage Commission. General C. W, Blair, President Fort Scolt and Santa

kailroad Company.

No. 3.

03AGE NATIOx, Muy 25, 1868. SIR: As you stated, in your public council with the Indians, that all future consultations between the commissioners and Indians were to be private, from which all others were to be rigidly excluded, and tbus other parties can only reach the Indians through you, I have the honor to request porinission to call them together in council with the representatives of the Missouri, Fort Scott, and Santa Fé Railroad Company, with a view of submitting to their consideration a treaty with said company on the following basis:

First. A purchase of all their lands for said road at $2,000,000-$100,000 to be paid in ninety days from the ratification of the treaty by the Senate of the United States, and the other payments at the rate of $100,000 per year until the whole purchase money is paid, the whole to bear interest at the rate of five per cent. per annum from the ratification and promulgation of the treaty till paid.

Second. One hundred and sixty acres of land secured, free of cost, to every half-breec Osage, male and female, over twenty-one years of age, who inay desire to remain on said lands and become a citizen of the United States.

Third, One hundred and sixty acres secured to such settlers who iniy be on any portion of said lands at the date of said treaty, at $1 25 per acre, being Goyornment price therefor.

Fourth. Every sixteenth section of said lands to be donated to the State of Kansas for the endowment of her public schools.

Fink. The interest of said purchase money to bo paid semi-annually, and disposed of in the treaty in a manner satisfactory to the Indians, and so as to promote their best interests,

Sixth. Patents to issue to said company for said lands only in proportion to the amountactually paid.

Seventh. said principal and interest to be paid by said railroad company to the Secretary of the Interior, and the interest disbursed to the Indians by him, through the commissioner of Indian Affairs.

As this council has now been in session about two weeks, and the Indians have thus far declined to treat, although all other propositions have been withheld from them, except that of the Leavenworth, Lawrence, and Galveston Railroad Company, it is now but fivir that they should have an opportunity of considering another proposition which gives them a larger sum of inoney for their lands, protects the settlers on the same, secures a home to the half-breeds, enlarges the State endowment for school purposes, and which is quite as fair to the Government as the proposition so long considered and rejected.

If the responsibility of the company is doubted, I again offer, as before, as a guarantee of good faith and pecuniary ability, the bond of men worth $100,000 or tbe draft of a responsible banking house on New York for $50,000, to be forfeited in case the company fail to comply with the requirements of the treaty.

I have also the honor to request that this proposition be filed with the papers of the comunission for further reference. Very respectfully, your obedient servant,

President Missouri, Fort Scolt, and Santa Fe

Railroad Compreny.
Hon. N. G. TAYLO2, Commissioner of Indian Affairs.

Reply to No.3.


Osage NATIOx, May 26, 1863. Sir: Your communication addressed to ine, of yesterday's date, was handed to me half an hour since by Colonel Wilson.

I have the honor in reply to inform you that, baving, immediately on its receipt, submitted your letter to the commission, it instructed me, unanimously, to respond that this commission, having been appointed and commissioned by the President to treat with the Osdge Indians, has no power to transfer that authority to others, nor any disposition to do so. We have leasure in adding that present indications are entirely favorable to a successful termination of our labors.

With sentiments of high regard, I have the honor to be, very truly, your obedient servant,

President Osage Commission and Commissioner

Indian Affaire.
General CHARLES W. BLAIR, President Fort Scott and
Santa Railroad Company.

District of Columbia, Washington county, 88:

Before the undersigned, a notary public in and for the District of Columbia, personally came Charles W. Blair, of lawful ase, who, being duly sworn, deposes and says, that the correspondence copied in the accompanying printed statement is a true copy of the correspondence that passed between him

and Hon. N.G. Taylor, Commissioner of Indian Affairs. He further states that the facts embodied in the printed statement accompanying said correspondence, so far as the same are stated of his own knowledge, are true, and, so far as stated on the information of others, he believes to be truc, both in substance and in fact,

CHARLES W. BLAIR. Sworn to and subscribed, this 16th day of June, A.D. 1868.


Notary Public.

ney general of the said State; that since the execution of the treaty between the United States and the Osages of southern Kansas, at Drum Creek, on or about May 27, A. D. 1868, numerous complaints have been lodged in his office relating to the said treaty and the action of the cominissioners of the United States. And affiant avers upon information and belief that gross deceit was practiced upon the said Osago Indians by the said commissioners; that the said Indians were informed or caused to be informed by the said comunissioners that the United States would not protect them or give them their presents or annuities unless they consented to sign the particular treaty brought by them froin Washington; that other induceinents were held out to the said Indians, and, among others, the promise to secure peace between them and their enemies, the Arrapahoes.

Affiant further avers that the lands conveyed by the terms of said treaty to the Leavenworth, Lawrence, and Galveston Railroad Company comprise about eight million acres, equal to about one sixth of the area of the whole State of Kansas, and nearly double the area of the State of Massachusetts; that he is familiar with that section of the State of Kansas, having frequently traversed it; that inore than half the said lands are first class and very rich and valuable lands-well watered and timbered along the waters of the Ncosho and the valleys of the Verdigris rivers, together with numerous tributaries; that the said lands are desirable in every respect, and are being fast settled upon by a thrifty and industrious people; that abandonment of those settlers, by this treaty, to tho cupidity of speculators and non-residents, has caused a very bitter feeling to pervade the people of the whole State; that a large portion of ihese lands would readily sell for $1 25 per acre within three or four years; that the proceeds of their sale, upon any just or reasonable terms, would construct not only the Leavenworth, Lawrence, and Galveston railway to and beyond the limits of Kansas, but would also build the Fort Scott and Santa Fé and the Union Pacifie, southern branch, railways.

And affiant says that Kansas is entitled to the sixteenth and thirty-sixth sections of land in each township, or an equivalent therefor, for the permanent school fund of the State; that a large portion of the State bas been absorbed by Indian reservations ; that in the retrocession or transfer of these reservations no equivalent has been granted the State for said sections; that Professor McVickar, superintendent of public instruction for Kansas, applied to the commissioners to obtain a portion of said Osage lands for the uses of the school fund, and his application was refused. And affiant says all the above facts, together with various other material evidence, be will be able to produce in case reasonable time is allowed him before the ratification of the said treaty by the Senate of the United States, and further saith not.


$100,000 in cash, and shall execute and deliver to him its bonds for the further sum of $1,500,000, bearin: interest, payable semi-annually, at the rate of five per cent. per annum; the interest on said bonds to commence when the Osages remove froin their pres. ent reservation, which date shall be fixed, and notico thereof given to the company, by the Secretary of the Interior. One hundred thousand dollars of said bonds shall become duo and payable each and every year after the date of execution thereof, so that the last $100,000 of said bonds shall become due and payable in fifteen years from the date of execution thereof. And if said company shall pay the said sum of $100,000, and deliverits said bonds, bearing interest for $1.500.000, as above provided, and shall, one year thereafter, pay $100,000 of said bonds, and interest on the whole of said bonds from the date when said interest shall have begun to accrue, and shall have built and equipped not less than twenty miles of said railroad from Ottawa, Kansas, in a southerly direction, then patents shall

be issued to it by the Secretary of the Interior for an amount of said lands to be designated under his direction equal in value to one fifteenth part of the lands which are lierein authorized to be sold to said company, deducting and excepting, however, from said amount of land the lands which shall have been, between the dato of the purchase by said company and that date, purchased by settlers as hereinafter provided.

And if said company shall, annually thereafter, pay $100,000 of said bonds, and interest as thereinbefore provided on all the remaining bonds, and sball, each and every year thereafter, build and equip not less than twenty miles of said road until the same shall bave reached the southern boundary of tbe State of Kansas, it shall, at the date of each of such annual payınents, receive patents for a like amount in value of said lands, to be selected under the direction of the Secretary of the Interior, deducting and excepting from said amount the lands which shall bave been, between the date of the next preceding payment and tbat date, preëmpted and paid for us hereinafter provided; and on payment of the last of said bonds and interest, as herein provided, it sball be entitled to reccive patents for all the remaioder of said lands herein authorized to be sold to it.

The whole of said lands, if purchased by said company, shall be appraised, at its expense, by three disinterested appraisers to be appointed by the Secretary of the Interior, whose compensation shall not exceed ten dollars per day, in full for services and expenses, and whose appraisal, when approved by the Secretary of the Interior, shall govern in ascertaining the relative value of the amounts of land from time to tiine selected and paid for, as hercinbefore provided. When said company shall mako its first payment and deliver its bonds to the Secretary of the Interior, as above provided, he shall execute and deliver to it a certificate setting forth the fact that it bas elected to purchase the lands herein provided to be sold, and is entitled to the possession and use of the same; which certificate shall be evidence of the right of said company to the possession and use of the said lands so long as it shall comply with the conditions of purcbase therein prescribed as against all persons except Osages or other persons connected with the nation as may have authority from the Secretary of the Interior to remain teinporarily on said lands. But such certificate shall not authorize the taking of any timber or stone from any of said lands, except from such as shall have been selected and paid for as herein provided.

None of said lands shall be subject to taxation except such as shall bave been patented to said company, or selected and paid for as above provided. And whenever any patentsh:ill issue to said railroad company for any part of said lands it shall contain the condition that said company shall sell the lands described in said patent, except so much as may be necessary for the operation of said road, within five years from the issuance of said patent. But if the said company shall fail to pay the said sum of $100,000 first above mentioned, and to deliver its bonds for $1,500,000, as above provided, within three months from the ratification and promulgation of this treaty, then it shall have no exclusive right of purchasing said lands, but the lands shall then be surveyed under the direction of the Secretary of the Interior, and appraised by three disinterested appraisers, to be by him appointed, and offered for sale to actual settlers for a period of one year from the promulgation of this treaty, at not less than its appraised value. under such rules and regulations as the Secretary of the Interior may, from time to time, prescribe. And at the expiration of said year, should any of said lands remain unsold, the Secretary of the Interior sball cause the same to be sold in a body for cash, at not less than its appraised value. The proceeds of such sales, as they accrue, after deducting the expenses of survey and appraisement, shall be invested by the Secretary of the Interior for the benefit of said Indians, as hereinafter provided.

The Secretary of the Interior may proceed to sell the said lands in a body on the most advantageous terms: Provided, however, That the same conditions and terms sball be observed as herein stipulated: And provided further, That said lands shall not be sold for less than the price herein agreed to be paid therefor. In the event that after sufficient notice has been given no sale can be made of said lands in the manner last aforesaid, and if the said company shall, after paying said suin of $100,000, and delivering said $1,500,000 of bonds, fail to make payment of any portion of the principalor interest remaining due within thirty days from the date when the samo shall become due and payable, said company shall forfeit all its right to any portion of said lands not heretoforo selected and paid for. And all of said lands herein provided to be sold to said company wbich shall remain unpaid for shall thereupon be sold by tho

Subscribed and sworn to before me, this the 16th day of June, 1863.

Justice of the Peace,


Articles of a treaty made and concluded at the Osrige

council ground, on Drum creek, in the Osage nation,
in the State of Kansas, on the 27th day of May, A. D.
1868, by and between the United States, represented by
Nathaniel G. Taylor, Commissioner of Indian Affairs;
Thomas Murphy, superintendent of Indian affairs for
the central superintendency; George 0. Snowo, agent
for the Indians of the Neosho agency, and Albert G.
Boone, special agent, (commissioner: duly appointed
by the President of the United States for the purpose,)
and the Great and Little Osage tribe of Indiuns, rep-
resented by their chiefs, councilmen, and head
duly authorized to negotiate and treut in behalf of said
tribe, as follows:

The tribe of the Great and Little Osage Indians are
desirous of removing from Kansas to a new and
permanent home in the Indian Territory, and of
making an advantageous and absolute sale of their
lands in the State of Kansas. They desire, moreover,
to so dispose of these lands as to aid in the speedy
extension of the Leavenworth, Lawrence, and Gal-
veston railroad to and through the Indian Territory,
it being the only road now in process of construction
running directly through the said Territory which is
to be'the future home of themselves and their race,
and for the further reason that it will give them in
their new home the means of transit and transporta-
tion, and will tend to promote among them and their
brethren the arts and habits of civilized life. The
Government of the United States is willing that the
company constructing said railroad may become the
purchasers of said lands on terms favorable to the
Osages and the settlers, because said railroad has
received from the United States no money subsidies,
and only an inconsiderable land grant, and because
when constructed it will become a great trunk line
from the Missouri river to the Gulf of Mexico, and
with its branches will open to settlement vast and
fertile districts, now too remote from railroads and
navigable waters to be susceptible of advantageous
settlement and cultivation.
It is, therefore, agreed that the

Leavenworth, Lawrence, and Galveston Railroad Coinpany, a corporation duly organized under the laws of the State of Kansas, shall have the privilege of purchasing the present reserve of the Osages in Kansas, and also the strip of land lying along the north border of the present reservation, ceded to the United States in trust by article second of the treaty betweeen the United States and the Great and Little Osage Indians, concluded September 29, 1865, on the following terms and conditions; said company shall, within three months after the ratification and promulgation of this treaty, pay to the Secretary of the Interior

(E.) Distriet of Columbire, 88 :

George H. Hoyt, beiog duly sworn, deposes and says he is a citizen of the state of Kapsas, and is attor

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