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Secretary of the Interior in the manner herein before under the direction of the Secretary of the Interior, ner select, and cause to be certified to him or her for provided. And in case said company sball desire to and the expenses of survey paid by the said Leav- purposes of cultivation a quantity of land not oxpay any portion of said bonds before the saine shall enworth, Lawrence, and Galveston Railroad Com- ceeding cighty acres in cxtent, and thereupon be become due and payable, it shall be permitted to do pany.

entitled to the exclusive possession of the same, as 80, and shall be entitled on such payment to have


above directed. For each truct of land so selected a lands seleciod and patented to it in like manner as

certificate containing a description thereof, and the

If the proceeds of the sale of the lands ceded to on the payment of the bonds when due. Aud no the United States by the first article of the treaty of

name of the person selecting it, with a certificato patent shall issue to any assignee of said company

indorsed thereon that the same has been recorded, January 21, 1867, shall exceed the amount of purfor any of the lands purchased by it under the pro

shall be delivered to the party entitled to it by the chase-money paid.therefor by the United States and

TELELI visious liereof.

agent after the same shall have been recorded by him
expenses incident to the survey and sale thereof,
then the remaining proceeds shall be invested for the

in a book to be kept in his office subject to inspesThe right of way is hereby granted to said com- Osages in United States registered stocks, and the

tion, which said book shall be known as the "Osage pany through the lands herein authorized to be sold, interest thereon applied semi-annually as other

Land Book," The President may at any time order not exceeding one hundred feet in width, and the annuities.

a survey of the reservation, and when so surveyed right to tako froin said land such timber, stone,


Congress shall provide for protecting the rights of ne bote water, and other inaterial as may be necessary for

saiid settters in their improvements, and may fix the the construction and operation of the road, and for

The Osage Indians, being sensibleof the great ben. title held by each. The United States may pass such the construction of its stations,calverts, and bridges : efits they have received from the Catholic mission, laws on the subject of alienation and descent of propProvided, however, That no timber or stone shall be and being desirous to have said inission go with them erty, and on all subjects connected with the governtaken by the company or its agents from any of the

to their new homes, it is horoby stipulated that two ment of the Indians on suid reservation and the lands noi paid for, except on the payment of the fair sections of laud, to be selected by the said society at internal police thereof, as may be thought proper, value of such timber or stone, and under such regu- or near the agency, shall be grauled in tee-simple to lations as the Secretary of the Interior shall pre- John Shoenmakerin trust for the use and benetit of

ARTICLE XIII. scribe, for which amounts the coinpany shall be the society sustaining said inission, and it shall have It is hereby agreed that the first article of the entitled to credit on prying, as herein provided for

the free use of such timber and firewoud as may be treaty made at Conville trading post, Osage nations, thelands from which such tinber and stone inay bavo

necessary for the use of said inission and school on in the State of Kansas, on the 29th duy of September, been taken.

condition that said society sball establish and main- A. D. 1500, by and beiwcen the United States and the ARTICLE III.

tain a mission and school for the education and civ- Osage tribe of Indians, shall be, and hereby is, so The proceeds of the sales of lands herein authorilization of the Osages. But if the said society shall amended as to strike out in the second line of the

alar fail to avail itself of the provisions of this treaty ized to be sold shall be invested for the Osage nation

fourth page. (printed copy.) after the word "Intein United States registered stocks, except us herein

within twelve months after the removal of said lu- rior," the words on the most advantageous terins;"

dians to their new home it shall forleit allihe rights, and in the third and fourth lincs, after the word after provided, and the internet thereof shall be

privileges, and immunities berein conferred upon it, applicdscini-annually under the direction of the Sec

"laws," strike out the words "no preemption clairn;" retary of the Interior, as follows: (The interest on

including said lands, in which contingeucy these so as to make the clause, of which the words stricken $100,000 shall be paid in support of schools in said game rights, privileges, and benefits su toricited shall out are meinbers, read as follows; "Said lauds shall

ཅི་སྨ inure to any oiher Curistian suciety willing to assume nation:) the interest on $300,000 shall be paid in cash

be surveyed and sold under the direction of the Secthe duties and responsibilities, and comply with the retary of the Interior for cash, as public lan is aro for national purposes ; $5,300 thereot'shall be paid its

condicions bereid enjoined on suid mission: Procompensation to the chiefs and councilors of the

surveyed and sold underexisting lates, butno homenation : $5,000) shall be expended for the encourage

vided, huicever. Thatinthoevent no Christian society stead settlement shall be recognizul." It is also

should avind iheuscives of the benefits herein pro- agreed to add after the last word in the amended ment of agriculture, to be paid pro rata to each head vided within two years from the removal of said of a family in proportion to the number of acres cul

clause, namely,"recognized:"Provided, That nothing Indians in their new homes, then all funds herein tivated and improvements made thereon by indi

in this amendmentshall be so construed as to diminset apart for said school and missionary purposes vidual members of the tribo, the object being to

ish in any way the funds derivable to the Indians shall be applied, under the direction of the Commisencontrare realindustry among them, and the remnin

under said treaty, or construed so as to interfere with sioner of Indian Atairs, to such purposes as in his ing $1,800 shall be expended under the direction ofthe

Vested rights under said treilty. judginent will best promote the moral, intellectual, council and agent forthciribe in the payment of such and industrial interests of the Osige nation: Pro

ARTICLE XIV. other expenses as may be necessary for the benefit vided, Thaithe annual expenditure for school pur

The United States hereby agrees to sell to the and support of their national government; and the interest on the balance shall be paid to the members

poses may be increased at the discretion of the Great and Little Osages tribe of Indians, for their

Commissioner of Indian Affairs to an amount not io of the nation per capiia, or to the council for distri

future home, at a price not to exceed twenty-five exceed $1.000, is in his judgment the educational nebutioniu money, goods, provisions, and other articles

cents per acre, the following-described district of cessities of the Osages may require, lu be deducted of vecessity as the council of the nation and the agent

country, namely: conimencing at a point where from the annuities. for the tribe may recommend under the direction of

the ninety-sixth meridian west from Greenwich ARTICLE X.

crosses the south line of the State of Kansas; thence the Commissioner of Indian Affairs.

The Great and Little Osage nation of Indians being

south on : aid meridian to the north line of the Creek ARTICLE IV. anxious to relieve thousetres fruia the burden of

country; thence wcst, on said worth line, to a point

where said liue crosses the Arkans:is river; thence All persons being hcads of families and citizens of their present liabilities, ind it being essential to their

up said Arkapsas river, in the middle of the main the United States, or members of any tribe at peace best interests that they should be allowed to com

channel thereof, to a point where the south line of with the United States, who have settled on the strip inence their new node of life free from the embar- the State of Kansas crosses said Arkansas river; north of the present Osage reservation known as the rassment of debt, it is bereby stipulated and agreed

thence cast on said State line to the place of begin** trust lands," and are at the date of the signing that all just and valid debis which mity be due and hereof residing thereon as bona fide settlers, shail uupaid it the date of the signing of this treaty, either

ning. It is bereby agreed that the United States

shall, at its own expense, cause the boundary lines have the privilege at any time wiibin one yenr from to waites or Indians, by said Usages, shall be liquid- of said country to be surveyed and marked by perthe date of the ratification of this treaty, of purchas- ated and paid out of the funds arising from thesale ing from the United States a quarter sectioư. at $1 25 of the lands herein stipulated to be sold, so far as

inanent and conspicuous monuments. Saiu survey

to be made under the direction of the Commissioner the same shall be found just and valid on an examper acre, to be selected in one body according to legal

of Indian Affairs. And it is hereby stipulated and divisions, and to include, as far as practicable, tho ination thereof, to be made by the agent of the tribe agreed that when the United States his secured a improvements of each setiler: Provided, horoever. and the superintendent of Indian atairs for the cenToit said quarter seetion shall not consist of, or be tra! superintendency, whose duty it-ball be to ex

title to the above described lands, the Osages shall be made up from, parts of different quarter scctions. amine all claims presented to them within one year

required to move and reside thereon; but nothing in from the promulgation of this treaty and to tako in

this treaty shall be so construed as to compel the ARTICLE V. writing ihe evidence in favor of and against said

and Indians to remove from their present reserva, Nothing in this treaty shall be held to impair the claims, and after having made such examination,

tion until the Governinent has secured said title, and rights of half-breed Osages, and of the heirs of Joseph they shall submit said claims to the national councii

notice thereof given by the Commissioner of Indian Swiss, under the provisions of article fourteen of the of the Osage nation for their approval or rejection,

Affairs to the agent oi said Indians. treaty concluded September 29, 1865, and it is hereby and report their proceedings thereon, with the evi

ARTICLE XV. declared that the following persons are the heirs, and dence and decision of the council, and their opinions the only heirs, according to the Osage customs and in each individual case, to the Commissioner of

The Ozage tribe of Indians hereby ansent to any laws, of the said Joseph Swiss, namely: Phebe Dey. Iudian Affairs, whose decision, subject to the revis

alterations or amendments which the Senate of the ette, Julia Rivellette, Julia Ann Deloricn, and ion of the Sectetary of the interior, shall be final:

United States may make to this treaty: Provided, Jacob Swiss; and it is hereby provided that the Provident, That the amountso allowed and paid shall

That such alterations or amendments do not affect improvements of said half-breeds now on the lands not exceed $10,000: And provided further. That if the the rights and interests of said Osage Indians, as herein stipulated to be sold, shall be appraised by amount of just claims shall exceed the sum of $40,000,

defined and secured in this and former treaties. the commissioners appointed to appraise iteso lands, the said amount of $10,000 shall be divided pro rata and the value thereof shall be paid to the owners of among the different claimants whose claims shall

ARTICLE XVI. said improvements by the parties purch:using thein, have been established and allowed.

The Osnges acknowledge their dependence on the within six inonths after the ratiucation of this treaty.

Government of the United States, and invoko its

ARTICLE XI. They shall have an equal right, in poportion to

protection and care. They desire peace, and promise their number, with the iull-blood Indians in all the The United States agrees that the agent for said to abstain froin war, and commit no depredations on benefiis to be derived from this and all former treat- Indians in the future shall make his home at the cither whites or Indians; and they further agree to ies with the Usage Indians, and shall select from agency buildings; that he shall reside among them tbcir number one of their people who shall represent and keep an office open at all times for the purpose

use their best efforts to suppress the intruduction and

use of ardent spirits in their country.
thorn in the councils of the nation, upon an equal of proinpt and diligent inquiry into such matters of
footing with the other members of said council. complaint, by and against the Indians, as inay be


presented for investigation under the provisions of
their treaty stipulations, as also for the faithful dis-

The United States hereby agree to pay to the Great

and Little Osage tribe of Indians a just and fair As a compensation to the Osages for the stock and charge of other duties enjoined on him by law. In all compensation for stock stolen from thein by whites farming utensils wyliich the United States agreed to cases of depredation on person or property, he shall furnish thein by the second article of the treaty of cause the evidence to be taken in writing and for

since the ratification of the treaty of September January 11, 1839, and which were only in part fur- warded, together with his finding to the Commis

1865, and it is made the duty of the agent for the suid nished, the United States agrees to pay the said sioner of Indian Affairs, whose decision, subject to

tribe to investigate all claims of this character and pation $20,000; and as compensation for the saw and the revision of the Secretary of the Interior, shall be

report the same with the proofs in each case to the grist mill which the United States agreed by said | binding on all the parties to this treaty,

Commissioner of Indian Affairs within three months treaty to maintain for them for fifteen years, and

from the ratification of this treaty. which were only maintained five years, ihe United


ARTICLE XVIII. States agrees to pay said nation $10,000, wbich suins If any individual belonging to said tribe of Inshall be expended uuder the direction of the Com- dians, or legally incorporated with thein, being the

It is herchy agreed that the Commissioner of Inmissioner of Indian Affairs in the following man- head of a family, shall desire to commence farming,

dian Affairs shall make an examination of the ac ner: $12.000 in erecting agency buildings, a ware- ho shall have the privilege to select, in the presence

counts of the Osage tribc of Indians, and if he fails house, and blacksmiths' dwellings, and a blacksmith and with the assistance of the agent then in charge.

that the sum of $3,000 due Clairinont, a chief of said si:op, and the remaining $18,000 in the crection of a a tract of land within said reservation not exceeding

tribe, under the ninth article of the treaty of 1539 school-louso and church and the purchase of a saw three hundred and twenty acres in extent, which

has never been paid to said chief, he shall cause thio and grist mill, wbich will is to be managed and con- tract when so selected, certified, and recorded in the

said sum to be paid to the said Clairmont for the role trolled by the society in charge of the Catholio mis- land book, as herein directed, shall cease to be held

use and benefit of the band of which he is cbief. sion, for ihe benefit of said Indians. in common; but the same may bo occupied and held

In testimony whereof the undersigued, the said in the exclusive possersion of the person selecting it

Nathaniel G. Taylor, Thomas Murphy, George C. ARTICLE VII. and of his fainily so long as he or they may continuo

Snow, and Albert G. Boone, conuissioners as atyreThe reservation herein authorized to be sold shall to cultivata it. Any person over eighteen years of

said, on behalf of the United States, and the under be surveyed as other public lands are surveyed, ase, not being the head of a family, may in like man

Osage tribe of Indians, hava bergunto set their hands

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and seals, at the place, day, and yoаr first above Shin-ko-wa-sah, (Beaver's councilor,) his X mark. tion of country from Lake Superior to the Gulf mentioned.

Men-ti-ankı, (brave)

his X mark. of Mexicoare immensely and deeply interested. [L. S.) N.G. TAYLOR,

0-pon-to-ga, (third chief Clarmont's President of Commission. biind.)

his X mark.

It is one in which the people of Kansas are oila THOMAS MURPHY, Wa-he-sa-he, (principal councilor old

anxious to aid in a proper and reasonable way. hon bere,

[L. s.]

his X mark.

It is one which I, as a member of this House

his mark.
(L. S.
Commissjoners. Night,

his mark

and as a citizen, should feel bound to aid by A. N. BLACKLIDGE, Secretary of Commission. Wolfe, (fourth chief Clamore's band.) his mark. any proper means in my power.


bis mark. JOSEPH PAW-NE-NO-PASHE, or White Hair,

Sir, as I have said before, this proposition Wa-sha-tun-ka,

his his X mark.

mark. Her-la-she,

his mark, is a remarkable one; it is an unjustifiable one; Principal Chief. Le-he-pie,


mark. it is one wrong in principle, and one acconGab-be-gah-ton-gah, (chief Clamor's band,


Pa-bungra-ha-kie, his

his mark

plished, I believe, by improper means. I have Ne-ka-gone,

his mark Black Dog, (chief of Black Dog's band.) his X mark.


his mark

said at a moderate estimate this great body Dog Thiet, (second chief Big Hill band.) his X mark.

Me-lo-tu-mu-ni. (12 o'clock.)

his mark. of fertile lands is worth at least $12,000,000. Mon-shon-o-lar-ka, (second chief Young Clamont's


his X mark.

mark. In addition to this, up to this time this rait No-pa-wa-bre,

bis X mark. William Penn, second chief Black Dog's band.)

Ka-la-wa-sho-she, his X mark.

bis inark.

road company has received from the State of je tb sache


his his X ipark.

mark Big Heart,

Kansas one hundred and twenty-five thousand Kon-sa-ka-a-ree.

his x mark. kan-sa-gah-ne, (first councilor to Big Hill band.)

acres of land through the action of the Legis. I

his X mark.

his X mark.

lature of that State--worth at least three dollars in se Che-sha-la-sha, (third chief Big Hill's) his X mark. Signed in our presence this 27th day of May, A. D. Wa-che-wa-be, (third chief Clamont's band.) 1868.

---amounting to $375,000. It has also ALEXANDER R. BANKS, his X mark. Special United States Indian Agent,

received from the Government five hundred Major Broke-arm, (third chief Black Dog band.)


thousand acres of land along the line of the bis mark.

Captain Seventh United States Cavalry. road-land worth at least $750,000. It has also Ma-i-ka-ha, (fourth chief Black Dog's band,)

J. S. KALLOCII, his X mark.


received from the county of Douglas $100,000 Clar-mont. (ebief of Carmont band.) his X mark.

Reporter for Commission, in bonds, and from other connties $500,000 in
Tan-non-ge-be, (chief Big Hill band) his X mark.

Little Beaver, (second chief White Hair's band,)

bonds; making in the aggregate $14,025,000



as the amount of franchises conferred upon No-pa-wala, (first chief Little Osages.) his X mark.


this road if this treaty pending in the Senate Strike Axe, (second chicf Little Osages,) bis X mark. Tallers, (second chief Clannor's baud,)' his mark.

The undersigned, interpreters of the said nation, shall receive the sanction of that body. Now, Wah-ho-pa-wah-no-sha.

his X mark.

do hereby certify that the foregoing treaty was read sír, all this railroad proposes to do is to build Wa-sho-pi-wat-Cank, (fourth chief Little Osages.)

and interpreted by us to the above nawed chiefs and
his X mark.
head men of the Osage nation, and that they declared

one hundred and fifty iniles of road at the rate Wa-ti-sanka, (fourth chief Little Osages,) his X mark.

themselves satisfied therewith, and signed the same of twenty miles per year, which, at a liberal Thes-a-watanga, (third chief To-nan

in our presence. ALEXANDER BEYETT, estimate, can be constructed for $25,000 a sba-bees.) his X mark.

United States Interpreter. mile, making $3,750,000; leaving an absolute Wy-o-ha-ke, (third chief Little Osages.) his X mark.

LEWIS P, CHOUTEAU, Tall Chief, (fourth chief Big Hill's.) his X mark,

Special Interpreter.

profit to the company of $10,275,000. Mo-en-e-she, his X inark.

AUGUSTUS CAPTAIRE, Now, sir, there arč many questions affecting Ho-wa-sa-pa, (Big Chief's band.). his X mark.

Special Interpreter. the public prosperity, the rights of individuals, Was-la-an-ka, (principal councilor of Big Chief's band.) his X mark. The question was upon adopting the resolu

and the interests of the Siate I have the honor No-ka-ka-honey, (principal councilor

tions reported from the Committee on Indian to represent upon this floor, and also affecting of Black Dog's band)

his X mark.

Affairs. Black Bird, (Joe's band.)

the interests of the whole country, which Non-se-an-ka, (Black Dog's band ) his X mark. Mr. CLARKE, of Kansas. Mr. Speaker, demand an investigation in connection with Wa-ko-e-wa-sha. (Big Hill brave.) his X mark. this is one of the most remarkable transactions

this most remarkable treaty. Su-ne-ke-sa, (second councilor to Big Camer)

Sir, the people of Kansas are anxious to mark

that has ever occurred in the whole history of Wag-come-ma-neh, (Clarmont brave,) his X mark. this Government, one which, in my judgment, have an outlet upon the Gulf of Mexico. To-tan-ka-she. (Clarinont brave,) his mark demands the earnest, serious consideration of In this anxiety I fully share. But, sir, notSa-pa-ko-a, (Clarmont brave.)

his mark Wa-sha-she-wat-ian-ker,

this House. It is neither more nor less than withstandiug that, I have abundant evidence in (Clarmont brave.).

his mark the transfer of eight million acres of land, which extracts from newspapers and letters that they Wo-sha-o-ker-shan, (Big Hill brave.) his X mark. properly belong to the public domain of the earnestly protest against this treaty in its presChe-wa-te, (Little Osages.)

bis X mark. Wa-ho-pa-inka. (Little Osages.) bis X mark.

United States, which belong to the landless ent obnoxious form. My constituents demand Matthew, (Little Ozages.)

bis mark millions in all parts of the country, into the protection from all systems of land monopoly. Hard Chief, (Little Osages.)


mark. Wa-ka-le-sha, (Little Osages)

hands of a railroad corporation, to be sub- They protest against injustice in all its forms. his

mark Shinka-wa-ti, (Little Osages)


jected to their supreme and unlimited control. They ask, if this land is to be used for the ben. Wa-sho-she, (Little Osiges.)

his mark It will be my purpose, in the brief time I efit of railroads, that provision be made to Pit-ne-10-pa-sha, (Little Osages.) his X mark. Che-to-pah, (principal councilor Little,

shall occupy the attention of the House, to open it to immediate settlement at a stated Osages.)

his X mark.

state, as well as I may, the main facts con: price per acre, and that the profits accruing be Hard Rope,(WhiteHair's principal coun,

nected with this proposed speculation. This used to construct at least eight hundred miles

his X mark. We-pi-she-way-lap.(Beaver's councilor.)his X mark.

most remarkable treaty now before the Senate, of different railroads, instead of one hundred Ke-no-e-nen-ke, (second councilor to

and being pressed upon their attention by the and fifty miles, as provided in this treaty.

his X mark, most remarkable and unjustifiable means, was They are willing to encourage the Galveston Wa-la-ho-na, (councilor White Ilair's

made and framed in all its details and in all its road to an extent necessary to secure its speedy

his X mark. Ka-ke-k-wa-ti-anka, (little chief White

essential features between the high contracting construction. But they are not willing the

his X mark. parties here in the city of Washington long whole substance of the State should be absorbed Ta-pi-gua-la, (little ehief White Hair's

before it was transmitted by the commission and the rights of the masses infringed by

his X mark. Yellow Iorse. (Big Hill brave,)

his mark. || appointed by the President to the Indian coun- exorbitant and unreasonable demands. Go-she-seer. (brare Big Hill band.) his mark. No-son-ta-she, (Big Hill brave,)

try; it was so framed several months before it I send to the Clerk's desk, and ask to have his

mark. Ne-ko-con-see, (Big Hill brave)

was sent to the Indian country by the commis- | read, the following article from the Lawrence bis mark

Tribune, one of the leading journals in my his

sion appointed by the President; in fact, it was mark,

his mark. Va-ba-su-she. (third chief Big Hilla.)

not made by the commission at all, but by the State.

his X mark. Joseph Paw-ne-no-pashe's braves.

parties in interest, who design to absorb eight The Clerk read as follows: his mark. million acres of land which properly belong to "We are not very familiar with the new treaty, his mark the public domain of the United States.

except that we learn that eight million acres of the his mark

best lands in Kansas have been contracted by the This great body of land is located on the his

high contracting parties for twenty cents per acre, mark.

southern line of the State of Kansas, running on the condition that the Galveston Railroad Com his

mark his mark two hundred and fifty miles from east to west, pany shall construct only twenty miles of railroad his X mark.

per year. Tbis is unreasonable and injust, not parand fifty miles from north to south, imme

ticularly to the Indians, for we do not go mucli on his X mark.

Mr. 'Lo,' but to the hard-working, honest settlers 17 bis

diately on the northern borders of the Indian mark.

of Kansas. It is right to encourage railroads and his mark. territory. .. bis mark Sir, it is not extravagant to say, looking to railroad men, but the settlers and all the people of

Kansas have rights which 'white men are bound to
Piso his mark

the development of Kansas and Missouri in

his mark. view of the valuable franchises conferred upon "It is unjust, because Mr. Sturges and his friends
23.731 his
mark the various roads there by the Government,

agreed to build this road to tbe south line of the mark

State, without any Indian dodation, within two years his mark. Ka-tuun-mo-ne, (White Hair brave, that this body of land, the best land within the

froin the time the franchise was donated to them, Pe-she-o-la-ba, (White Hair brave.) i his X mark.


mark area of the whole country, is worth at least and he and his friends have no right to require seven Wa-she-ti-in-gnb, (White Hair brave.) his

at this very moment $12,000,000; $1 50 per ycars for what they agreed to accomplish. mark.

It is unjust to the people, because no limit is his X mark. Ki-he-ki-na-she-p-she, (Bcaver's little

And yet it is proposed by this treaty to made to the price which the railroad company may

transfer this immense tract of land, comprising ask for these lands. Ka-he-ga-sta-ka, (little chief Beaver's his X mark. one sixth of the State of Kansas, into the hands "It is unjust to the tax-rayers of Kansas, becauso

it places it in the power of one man to prevent the Vene-ka-ka, (little chief Beaver's his X mark. of one man, Mr. William Sturges, of Chicago,

settlement of at least one tenth of the State, except who is in fact the Leavenworth, Lawrence, and Wolfe, (little chief Beaver's band.) his mark. Galveston Railroad Company. I will say in suihin und het toe hebatang an the whole line of

is unjust to the State, because these
bis mark.
Inark. reference to this corporation that it is a public

the road to Galveston, by a larger donation to them his mark. enterprise in which the people of that whole sec- than is given eron to the Union Pacific railroad.



White Hair.) band) lluir's band,).



Cho-she mon-nce,
War Eagle,
Sirike Ax,

Is his

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Big Elk. (Wbite Hair brave,)

chief,) band.)

band.) Wa-no-na-she, Ne-ko-lo-bra,

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"Either the company should becompelled to build far greater interest in the manner of the disposition such an unjust provision three fourths of the settlers

38973 tho rond through to Galveston, or to construct one of the land. The policy of making lanıl grants to

would suffer more or less, while many it would break hundred and filty miles of the branch by way of railroad companies has become oppressivo by the up entirely, for they have spent their all in their Emporia.

high ratey fixed upon the land, whereas if the terins improvements, all tor what? Just to give the rail. lloo. Williain Spriggs, who is well acquainted of treaty established that the proceeds of the line road a few more acres of land at sixteen cents per with ihose lands, told us that they were unexcelled sbould go to railroad companies, the settlement of acre, to the ruin of the settler, by any lands on which he had ever set his eyes. It the country is rapidly promoted instead of retarded. I was present at the council and called the attenis a low es inate to call them worth $8,000,000 more We understand that Congressman CLARKE months

tion of the commissioners to these facts, and they than the company pay for them, and it is not extr:- ago announced that he would fight the ratification assured in that they would so change that article as agant to say that the coinpany will realize $25,000,000 of any treaty which stipulated that the land, instead to give the settler bis improvements, which I suptor them.

of the proceeds, should go to a railroad company. posed was done till I sawastatement of it this morn"By no means would we say anything to defeat the Some very bitter opposition has sprung up to this ing in the Lawrence Journal. Nothing could be done roul; but we would plead for its speedy construc- treaty, and we hope for tho good of the State it may then without consulting Mr. Sturges, and of course tion. Let the treaty' be so amended as to require a fail to be ratified.'

he would oppose it and the three commissioners must sufficient amount of road to be constructed, first

yield. Such a gross outrage must be checked, and upon the main line, then on the branch toward

I might quote from many other journals of

the settlers are all looking to you as their Represents Emporia. The Neosho valley, that enterprising and my State extracts of the same importance, but . ative and friend to guard their interests. 'I know prosperous portion of Kansas, on and near which this is unnecessary. But not only the press, I express the wisbes of thousands of settlers, and these lands lie, have rights in the public domain.

I most carnestly hope you will give your especial The good sense of the managers of this enterprise but the people appeal to us for relief from this

attention to this matier. ought to teach then that the enormity of this grant tlıreatened injustice. I ask to have read the Very respectfully,

J. B. F. CATES. requires them at once to suzgest such amendments. following letter from a well-known citizen of Never was such an opportunity presented fortho

Hor.. SIDNEY CLARKE, Washington, D. C. developinent of a country as is now offered to southKansas,

At this moment the following letter has been crn kansies in this treaty, and our Senators and

The Clerk read as follows: Congressman will have a heavy responsibility rest

referred to me by the honorable gentleman VERDI, KANSAS, June 7, 1865.

Wishi lo ing upon them if this $35,000,000 worth of land is not

from Illinois, (Mr. WASUBURNE:] made to coustruct at leastsix hundred iniles of Kan

DEAR SIR: I wish to say that the treaty recently sas railroads." made with the Great and Little Osirge Indians, in

LAWRENCE, KANSAS, June 2, 1868. Mr. CLARKE, of Kansas. I also call atten.

cluding the trust lands, ve regarı as wrong in prin- Sir: A treaty has just been forced from the Osage

ciple. The public domain, as fast as the title of the Indians, whereby they sell all their diminished retion to the following article from the Lawrence Indian is estinguished, should be held sivered to tho serve and trust lands, embracing cight million acres, Republican: use of the settler who by his labor improves and cul- to the Leavenworth, Lawrence, and Galveston Roil.

VIE tivates, and by so doing develops the country. The road Company for $1.600.000, payable in sixteen seroi"The principle on which this treaty is founded, as purchase of millions of acres to be owned by one in. annual installments. Three cights of said land are we understand it, is the purchase of eight million dividual or company is dangerous. Place one fifth the finest in Kansils for farming, while the remainder acres of very choice lands from the Osage Indians by of this state in the control of one company and you is inexhaustibly rich in pineral wealth. The interthe Government at twenty cents per acro, and a build up monopolies that we cannot but regard as ' tion now is to rush this treaty hastily brough the Seisdonation of all the net profits arising froin the sale very dangerous. I am living on the trust land here. ate upon the falso assumption that unless the Osages of the same to the endowment of railroads in kansas. We supposed the land being treated for we had a " Thenet proceeds froin these lands have been vari

are at once removed bloody collisions with the whites right to settle, and by proclamation of sale had a will ensue, The treaty was drafted some time since ously estimated at from eight to twenty-five million right to tbink that ere this we would be in possession at Washington. The settlers and those who shall dollars; and we think we are sate in saying that of a certificate of purchase from the Government, desire cheap homes for many years to come can rely $10,000,000 can be realized from that source without But, instead, there seems to have been a studied effort only on you and such of your associates as are opposed seriously retarding the settlement of the country, to drop us in tho dark, and now there are various This settled, ihe next question arising is, how

to the usurpations of monopolies for relief. Appreci. rumors: first, that there is no provision for the setshall chis sum be approprinted? The trenty, in its

ating your previous efforts in this direction, I not tler; second, that there is some kind of parlial pro- write you in behalf of all poor men who may in the present shape, appropriaies the whole sun to the vision by wbich some of us must lose largely of our next ten years desire to emigrate West, and request construction of one hundred and filly iniles of the improvement. We learn, also, there is no provision Galveston railroad, amounting to more than $100,000

that you will institute an inquiry as to the means at all for those that were settled on the Osage dinin- \ whereby so iniquitous a treaty was obtained, and why per mile, which no one can fail to recognize as a reck- isbed reserve. This would ruin many families who

actual settlers are not allowed to obtain, by the terms less waste of resources, and one which, if submitted have expended all their means on the land. What thereof, their homes at $1 35 per acre, instead of sellto, will convict our Senators in Congress of the I want is for you to exercise your influenecin behalf ing to a monopoly at fourteen cents per acre on sixgrovest veglect of the best interests of the Stato of the settler, and save our young State, of which we teen years time. they represent.

are justly proud, from the clutches of such soulless We look upon the Galveston railroad as an enter

I am, sir, respectfully, your obedient servant,
prise in a national point of view, second only to the

Ever yours,

HENRY C. WHITNEY. Union Pacitie; and in the first place this treaty Ilon. SIDNEY CLARKE, M.C.

llon. E. B. WASHBURNE, Washington, D.C. should be so amended by the Senate as to secure the Construction ofthat road beyond contingency. This Mr. CLARKE, of ansas. The following

But I must not detain the House with these most desirable object can be effected by the appropriition of one half of the sum above named, which

letter is but one of many of the same character: appeals for justice. I will conclude this testi: would be equal to a donation of $16.000 per inile for


mony with ihe following: it distance of fire hundred miles. At that distance

June 7, 1808,

OSAGE Trust LAXDS, Wilson Cornty. KANSAS. from the present terminus of the road, the road now Sir: Permit me to call your attention to the treaty boing constructed from Galveston northward would made with the Osage Indians in favor of Sturge3 &

Dear Sir: By request of many citizens of Kansas be met. No one can doubt, for a moment, that a Co., May 27th last. Every settler here leels that the

living upon the public domain, I send you this note, donation of this magnitude, and the liberal land treaty is a great swindle,

asking your intuence in bebalt of settlers so located. grants already made to tbis road, together with what The settlers living on the Indian land are not re

Many settlers came on these lands treated for by dir. The Cherokees and the State of Texas propose to give, spected in the treaty, and the sottlers on the trust

Sturges this season, and located themselves as perwill make it the most richly endowed road on the land are not given the privileges that are usually

manent settlers of this State. A great number are continent, and secure its speedy construction beyond given by the Government in selecting their claims

now raising the necessaries of life upon the farins of a doubt. and, what is still moroimportant, have to settle with

older settiers, and cannot work their own "claims' What shall we do with the remaining eight mil- a company instead of the Government, and take a

until crops aro made. Towns have been surveyed lions, equal to an endowinent of $10,000 per mile for bond for a deed and wait fiiteen years for a good

and improved. Cannot such settlers and companies five huniired additional miles of railroad in Kansas? title. No one here wants to trust a company in this

rely upon your protection in Congress ? We could use one fourth of that suin in the construc- way.

Yours, &c., tion of the Einporia and Olathe railroads, of the I will not attempt to give any further particulars,

JAMES J. BARRETT, M. D. first importance, and enterprises worthy of the first but earnestly ask you to look into the matter and

Hon. SIDNEY CLARKE. consideration. This still leaves us six inillions for stand between the settlers and this great wrong, other roads that are alike noudy and equally im- which I trust you will do.

Mr. Speaker, aside from all this, aside from portant,

Respectfully, your obedient servant,

the great injustice the treaty perpetrates upon It is in the power of the Senate so to amend this

E. II. PARRIS. the people of my State, it is wrong in princi: treaty as to secure the construction of at least one Ilon. SIDNEY CLARKE. thousand miles of railroad in the place of the one

ple, wrong in fact, and ought to be earnestly hundred and fifty, as provided for in the treaty, and The following sets forth the facts in reference and sternly resisted by the Congress of the our Senators thus have an opportunity of conferring to the settlers on the trust lands : benefits on all parts of the State that they represent

United States. I pass, then, to the consideraof the first magnitude. We trust they will not let

HUMBOLDT, KANSAS, June 3, 1868. tion of the power of this House over this ques. the opportunity pass without improvement."

DEAR SIR: Knowing you to be the friend of the settler. I would call your attention to a matter of the

tion. Perhaps if we act in accordance with The Junction City Union, an influential most vital interest to a large portion of your constit

the past policy of the Government in reference journal, published in the interior of Kansas, uency-the settlers on the Osage trust lands. The

to the transfer of these Indian reservations to treaty just made with the Osages, and soon to be speaks as follows:

individuals and private corporations we have referred to the Senate for ratification, provides that “Much indignation has been created throughout the settler shall purchase one hundred and sixty


power in connection with this question; the State by the unfairness of and manifest swindle acres at $1 25, but it restricts the settler to the limits but, sir, representing the people of the United existing in the terms of the treaty made with the of the same quarter section, which, if ratified in its Osuges. It was made entirely in the interest of the present form, will be most ruinous to the settler.

States, representing the interests of the whole Leavenworth, Lawrence, and Galveston Company, There are three facts that must be taken into con

country, it appears to me it is within the prov; whose road does not touch the lands. The tract sideration in determining the rights of the settler. ince, and within the just prerogatives and treated for consists of eight million acres on the 1. A large proportion of the settlements were made south border of Kansas, and is fifty miles north and prior to the Government survey, and they could not

powers, of this House to enter its protest, havsouth by two hundred and fisty cast and west. It locate their claims in reference to quarter section

ing the facts before it, on an examination into comprises nearly one fifth the State, and is fertile lines. 2. The entries under the fourth article were the case by one of the legally constituted comand productive in the extreme. This land all goes irregular in shape, leaving the adjoining claims also mittees of the House. It is clearly within our tu a railroad company for $1.600.000, or twenty cents in an irregular share-30 the seitler cannot enter per acre, no endowment for State schools, and no one hundred and sixty acres in the same quarter sce

power to enter a protest against the ratificution provisions made for the half-breeds. Other compa- tion, 3. Also, the settler inade his improvements

of this treaty on behalf of the United States; nies desired to purchase ine lands, but the commis- with the view of purchasing lis lands at public sale, sioners refused their propositions, claiming they were and of course could have purchased in any shape.

and to say to the Senate that if that remarkonly authorized to treat in bebalf of the Lawrence In perhaps the majority of instances two or three

able treaty is ratified by that body we will not and Galveston Company. There is no security to settiers live on the same quarter section, with their make the appropriation to carry it out, and will the Indians for the payment of their money, only improvements around, so under this provision all $100,000 being paid in money within three months but one will be defeated in his entry, and he can enter

not recognize its validity. from the ratification of the treaty, and the residue in all the improvements that happen to be on his quar

Mr. WASHBURN, of Wisconsin. I wish the bouds of the coinpany, running through a period ter section without any referenco to the owners to inquire of the gentleman what provision of of fifteen years.

thereof. "It is claimed that the land is sufficient to build From what I know personally and have heard from

the treaty there is that requires legislation to three or four railroads. While it is manifestly unjust all sections of the trust lands as to the location of

carry it out. Is there any appropriation re: to Government and dishoncst to grant such extrava- the settlers' improvements, I know they are in no quired by the terms of the treaty ? gantly liberal donations, the State of Kansas has a instances located in reference to section line. Under

Mr. CLARKE, of Kansas. I am not able

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to answer the gentleman only in a general of the Interior Department and of the Com- sume that the purchase can be made from the Indians way—that there are some appropriations neces- missioner of Indian Affairs, are occupied at

at a price not exceeding $1,500,000, and certainly not sary to be made by Congress to carry out the this moment by thousands of settlers who have

exceeding $2,000,000. The protits derived from the

sale of the land to actual settlers during the next provisions of some treaty; not the one to which gone there in good faith and established their five years would yield enough money to build the I am now alluding-in regard to the disposi- || homes, built school-houses and churches, and

Galveston road to the Arkansas river, at Fort Gib

son, or run a road west or southwest an equal distion of the land. introduced all the elements of civilization.

Thus the interests of railroads and of the Mr. WASHBURN, of Indiana. I desire to Now, sir, the Secretary of the Interior ought State and of actual settlers would be all subserved, ask the gentleman from Kansas if the title to to have known, if he did not know months ago,

andaland policy established which would add greatly

to the growth and wealth of the State I represent. Beate it the land is not now in the Indians, and whether these facts. Under this state of facts, when it

do not indicate the details of this policy, but if railit is to-day a part of the public domain. came to my knowledge that a proposition was road companies desire to purchase, the principles I Mr. WASHBURN, of Wisconsin. The In- to be made to treat with these Indians for this

Jave indicated can be easily incorporated in the

detailed provisions of the proposed treaty. dians have a mere possessory right there after land I presented to the chairman of the com

There is another important question to which I all.

mission the views which I entertained upon earnestly call your attention, Mr. CLARKE, of Kansas. That question the subject in the interest of the people of my

The settlers on the land ceded and sold by the

treuty proclaimed January 21, 1867, are yet without I give Face

has been up before this House heretofore, and State, a copy of which I hold in my hand. titles to their homes.

I believe this body has repeatedly expressed In this paper I insisted that right and justice J.B.IO

A joint resolution has been passed by tho House of its opinion that the Indians have only a pos- demanded that this great body of land should Representatives for the relief of these settlers and is

now pending in the Sonate. I appeal to your com: sessory right so far as this reservation is con- be opened up to the operation of the preëmp- mission to meet the settlers referred to in full and cerned, and that it is not in the power of the tion and homestead laws of the United States. free conference, and in the treaty you are about to Senate but of Congress to dispose of the land, But I said that if that could not be done, that

make, provide for the full recognition of their rights,

as you have abundant power to do, and thus settle which, as I said before, properly belongs to if this land was to be transferred to a railroad tbe question, already too long at issue, in the inter15345, da

the public domain of the United States when- corporation, then I insisted, in the interest of ests of justice. I also recommend that you insert a dat ever it shall be transferred from the possessory the people 1 represent, that this land should

clause in the new treaty recognizing the full power

of Congress to legislate hereafter.
right of the Indians.
be opened to settlers at $1 25 an acre, the

The importance of the questions to which I hare Mr. SCOFIELD. Will the gentleman allow railroad company taking the profit between referred to the interests of a large portion of ruy conine one moment upon that very question ? nineteen cents an acre and $1 25 an acre, which

stituents, and the pressing necessities of immediate

solution inakes no apology on my part necessary in Mr. CLARKE, of Kansas. Yes, sir. would yield to the company several million thus earnestly addressing you, and through you the

Mr. SCOFIELD. The committee,, as I dollars in the course of the next four or five | Gentlemen of the comwission.
understand, do not undertake to decide the years. At the same time I urged upon the

The title to the land of a country is the first ques

tion to be considered in any point of view. Espequestion whether the Indians have a possess- commission the propriety of protecting the cially is this truo in a State like Kansas, where the ory right to the land or a right in fee-simple. | settlers upon another portion of this Osage people are devoted to Agricultural and pastoral purBut it is conceded on all hands that they can- reservation included within the provisions of a

suits. It is for such a people I have the honor to

seek for justice at your bands, as well as for the landnot alienate the land, whatever title they may bill which has already passed this House, and less millions of the country now seeking for new have to it, except to the United States. That is awaiting the action of the Senate.

homes where they can add so materially to the wealth is the stipulation. The question now is pressed the opinion that unless these essential

and power of the nation.

It is but proper to add that in my opinion no treaty whether a few worthless Indians may be provisions were incorporated in this treaty in that does not open the lands to immediate settlebrought to Washington or some men not much the interest not only of the people of my State ment, essentially in accordance with the views I have more deserving sent out there to treat with but of the people of the whole country who

suggested, can or ouglit to receive the approval of

the Senate. them, and a treaty may be made with them in pay the taxes and have an interest in the pub I ask you to make my views known to your comthis way, by which the United States are made lic domain of the United States, the treaty mission and to the Secretary of the Interior. to consent to the alienation of this land to a could not and ought not to receive the sanc

Very respectfully, your obedient servant,

SIDNEY CLARKE. body of speculators that may happen to fall in tion of the Senate of the United States :

Hon. N. G. Taylor, Commissioner of Indian Afruire, with the Indians and get control of their agent.


Wushington, D. C. The committee were of opinion, I believe all

WASHINGTON, D. C., April 13, 1868. Notwithstanding that I represent the State who were present-at all events I was of that SIR: In a conversation on Friday last you informe

in which this large body of lands is situated, opinion--that the consent to be given by the

me of the appointment of yourseli and other gentle-
men as a commission to make a new treaty with the

no attention has been paid to the views which United States was not within the treaty-mak. Great and Little Osage Indians, with the view of I presented in the interest of the people of ing power ; that the President and the Senate extinguishing the title to their lands in the State of tbat State and of the whole country; but this

Kansas, and removal to a new reservation in the could not give that consent to the alienation

Indian territory. This result is most ardently de- treaty has been made in the interest of priof this large body of land belonging to the sired by the people of my State, is in accordance with vate parties and in the interest of a corporapublic; that we could not carve out a tract the will of Congress expressed several years since,

tion. I have strenuously insisted that this land of eight million acres of land, as large as the

and is in harmony with the interests of the Indians
and of the Government.

should be open to settlement by some process States of Massachusetts, Connecticut, and But there is another question in which Kansas, at $1 25 per acre, so that the people of my Rhode Island all together, and put it under

and the whole country, has a deep interest, and to State and of all the States, whenever the treaty

which I desire to call your attention and the attenthe control of a few speculators. They may tion of your associates on the commission, before

shall be concluded, shall have the privilege of be very good men, and we have no objection you enter upon the duties assigned you. I refer to

entering on these lands at the Government to their making a fortune legitimately, but we the manner of extinguisbing the Indian title to the

price, yielding the homestead privilege, which, do object to putting this land beyond the con

diminished reservation, and the opening of the same
to the vast flow of emigration now seeking new

on reflection, I think I ought not to have trol of the United State and closing it to the right homes in southern and southwestern Kansas. The l yielded in reference to so large a body of lands of settlement. The question now is, will the land for which you are to treat comprises about

and so favorably situated for immediate settleHouse consent that the control over this vast

eigbt million acres. It is fertile in its soil, situated
in a mild climate, is well watered and wooded, and

ment. But desiring to encourage this great domain shall, under a wrong interpretation of

must be in every way vastly attractive to the mul- public enterprise, desiring to secure as speedily the treaty-making power, be contined to the titude of people now seeking homes on the new

as possible this outlet to the Gulf of Mexico hands of a few men, who have in the first

lands of the continent.
Sound public policy, as well as the interests of the

froin the interior of the continent by the complace got the consent of the Indian depart- Indians themselves, demands that this great body | pletion of this great public thoroughfare now ment and of the President, then the consent of land should be opened up for settlement at once,

in process of construction, I was willing that of a committee of the Senate, and lastly, the

and placed in a position where the settlers can ob-
tain perfect titles, and at a price pot exoeeding $1 25

this railroad company should receive the profit consent of the Senate itself. Shall this land

between the purchase money, nineteen cents belong to the nation or to these men ? It would be far preferable, and but justice to our

per acre, and $1 25, which would yield them Sir, for myself I intend never to give my con

pioneer settlers. to have this land opened up to

homestead entry. But if this cannot be done, then sufficient money to make a continuous line of Bent to allowing the treaty making power to

the people of my State and the public interests gen- railroad from Fort Leavenworth, Kansas, to add to or diminish the domain of this country.

erally unite in the demand that the new treaty sball Galveston bay, in the State of Texas. But not It has no power either to cede away the State provide for preëmption rights at the usual price per

satisfied with that, not satisfied with this reaacre, It is estimated that seventy-five thousand of Maine to Great Britain or to acquire new

people are now on their way to, and are making sonable proposition, the gentleman interested, territory on the Northwest, or to exercise exarrangements to settle in the State of Kansas the

or rather the proprietor of this road-for one Clusive control of the House of Representatives present year. Indeed, it is not improbable that the

man has furnished all the money for the con. increase of our population will be double that numover the limits of this country either to contract

ber. Most of these people are seeking for new and struction-has seen fit to bring before the or enlarge them. cheap lands. In behalf of these hardy pioneers,

Senate of the United States a treaty which Mr. ČLARKE, of Kansas.

many of whom fought for the defense of the GovernNow, Mr.

strikes down in the most ingenious manner the ment, whose protection they now ask from all sygSpeaker, I desire to say a few words in refer- tems of land monopoly, I earnestly appeal. As the rights of the State of Kansas as a whcle, as ence to the settlement of these lands, after only Representativo of my State in the lower branch

well as the rights of the people of all the which I will yield the floor to others who desire.

of Congress. I shall insist that all future treaties for to be heard. When it came to my knowledge

the acquisition of Indian reserves in Kansas be based States, and urges the Senate to indorse such

upon the principle I have indicated, namely, that an unjust proposition. that an attempt was made to make a treaty the lands be opened up to actual settlers, free from

Now, sir, it seems to me that the action prowith the Great and Little Osage Indians, I pre

all schemes of speculation and monopoly so disassented to the chairman of the commission the trous to the prosperity of the new States.

posed by the Committee on Indian Affairs, to I am advised that propositions will be made by whom this subject has been referred, is just views which I entertained as a Representative railroad corporations to secure these lands by abso

and proper. It seems to me that the House from the State of Kansas in reference to the

lute purchase. To this I have po objcction, provided provisions which should be incorporated into

the company making the purchase build the road ought not to sit idly by and see eight million through the laods, and they are iminediately opened

acres of the public domain of the United The proposed treaty. And I will say here that to settlement at Government price. There is prob

States transferred by treaty into the hands of these Indian reservations, by the permission ll eilver abondanti million acres west of said river. I as- a corporation or of one individual, this House,

per acre.


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representing the people, exercising no control Yet, it is proposed to transfer the whole of the treaty-making power. The Osage Indians, or supervision over the matter whatever. The this domain, by a pretended Indian treaty, to as this House has repeatedly decided, had 10 time has come here and now for us to exercise a single railroad corporation in the State of power to transfer these lands to any railroad the prerogatives which properly belong to us, Kansas, in utter disregard of the rights of the company. And the Senate has no power to

has the to pat a stop to this outrage, this wrong, which | great body of the bona fide settlers on the grant away the public domain, certainly not is being inflicted upon the people of this coun. land, in definnce of the authority of Congress by treating with Indians, who are the were try by transactions of this character, which of over our Indian reservations, the moment the wards of the United States, and have no title laie liave been far too frequent.

right of occupancy by the Indians is relin- to the land. This treaty is not alone involved in a proper | quished, and in shameless disregard of the Conceding the power referred to by the

gen: decision of this question. There are other equal rights of other railroad corporations to tleman from Pennsylvania, (Mr. ScoriELD, treaties at this moment pending in the Senate | the aid of the Government. Such a trans- the power of the President and Senate to cede proposing to transfer other Indian reserves-- action needs no other exposure than its bare | away a portion of the State of Maine, it is in fact other Indian reserves have been trans- statement to secure for it the condemnation of wholly inapplicable to the treaty with these ferred into the hands of railway companies and all honest men. All this land is to be sold to minor children of the nation wlio hate no title to private parties to the detriment of the interests this railroad corporation at nineteen cents per their lands and no power by treaty, except to of the people. And if this House shall, by acre, on a credit of fifteen years, payable in cede their right of occupancy to the United refusing to exercise its power, by refusing to equal annual installments, and in the stock of States. express its opinion, sanction this course of the railroad company. And although a prop- Mr. Speaker, since the year 1861 we have

Yumber proceeding, how long will it be before the whole ilosition was made by another railroad corpora- had a new Indian policy. As I stated here on public domain of the United States will be tion to pay $2,000,000, instead of $1,600,000, 1) another occasion, prior to 1860 all our treaties absorbed by these unjustifiable means, and it

Parol and to reserve the sixteenth and thirty-sixth with the Indian tribes went upon the principle will be beyond our reach to arrest this great sections for school purposes in the interest of


of directly granting to the United States the wrong.

Kansas, and to protect the rights of settlers on lands upon which the Indians resided, and of The Committee on Indian Affairs have thought this land, including the Indian half-breeds on thus giving to Congress, at once, their man. proper to report these resolutions and to ask it, yet that proposition was contemptuously agement. In 1861 we began this policy of for then the favorable consideration of this spurned by the railroad company and the In- special treaty stipulations by which the jurisHouse to assert the power which we properly | dian commission having the matter in charge. diction of Congress over the public domain has possess in this matter, expressing our opinion Mr. Speaker, this Indian commission was been to a very great extent overthrown in the as one of the coördinate branches of Congress, appointed by one Andrew Johnson some time interest of monopolists and thieves; and, sir, presuming that the Senate will respect that ago, composed of men who seem to have been this Osage Indian treaty is the crowning flower opinion, and hesitate before they give their admirably fitted for the work they have done. and fruit, the rich culmination of the system. It sanction to this flagrant injustice.

Instead of being an Indian commission it has has grown worse and worse, and more and I now yield for ten minutes to the chairman | proved itself to be a thieving coinmission, more defiant, because it bas been unchecked of the Committee on the Public Lands, [Mr. | whether its action is considered in relation to in its course ; and this last ripe product of its Juliax.]

the Indians or to the settlers on the land or infernal achievements goes very far to make Mr. JULIAN. Mr. Speaker, the measure to the Government itself. I mean exactly respectable the ordinary thieves and picknow before the House involves the disposition what I say. I find certain expressive words pockets who have found their way into the of a large portion of land in the State of Kan- scattered here and there through the diction | jails and penitentiaries of our country. sas, which ought to be dealt with as public ary, and when I meet with a case like this I Mr. Speaker, I invoke the interposition of land of the United States. I therefore desire feel justified in giving them fit employment. this Honse, in the naine of decency and of to speak briefly upon the question before us. It was a thieving commission, organized to common justice, in checking these flagrant out

Some ten days ago I introduced a resolu. cheat the Indians, and aid and abet the cold- rages, and calling upon the Senate to repudiate tion in this llouse calling on the President to blooded rapacity of railroad monopolists. them. Let us say to our Senators that we will inform the House by what authority and for A VOICE. Who are these commissioners? not recognize the validity of this treaty by what reason the large tract of territory re- Mr. JULIAN. The names of the commis- paying any of the expenses occasioned by it; ferred to was conveyed directly to a railroad sioners are N. G. Taylor, Hon. Thomas Mur. that we deny the right of the President to execorporation in the State of Kansas, and not to ply, superintendent of the central superintend- cute titles under it, and that to our utmost we the United States, by which the disposition of ency; Colonel A. G. Boone; and Major Snow, || condemn and protest against it. it would have devolved upon Congress? The | agent of the Osage Indians.

Mr. CLARKE, of Kansas. Mr. Speaker, President replied, through Secretary Brown Sir, I repeat it, this was a commission for when I was upon the foor I ought jo bare ing, that the treaty then pending had not been | swindling, spoliation, and plunder, and every stated that under this treaty it is within the oflicially communicated by the commissioners, act of this transaction brands it as I have

power of this company to break this contract and he could not therefore give the desired branded it. In the name of honest people at any time. It inay go on until it selects the information.

everywhere, I denounce it as the foul job | best lands and then terminate the contract, The gentleman from Kansas (Mr. CLARKE) of men who must have been chosen to per- | leaving the poor lands to fall to the Governthereupon introduced another resolution call. form it, and who have done their work with a ment. It may terminate the treaty at any tiine ing on the President for the same and some perfection of skill and workmanship that sur- without any penalty whatever. 1 yield now additional information relative to this treaty. passes anything I have heard of in ihe way of five minutes to the gentleman from Indiana. The President, in reply, informed the House public plunder.

Mr. SHANKS. Mr. Speaker, as a member tbat the treaty had been sent to the Senate, Mr. BURLEIGH. I ask the gentleman

of the Committee on Indian Affairs of this and being a secret document he could not tell whether he refers to the peace

commissiou? House, I am not willing to let this matter pass us anything in relation to it.

Mr. JULIAN. I am glad the gentleman without at least puuing upon record, in addi: And thus the Representatives of the people | las asked that question, for I understand these tion to the comunittee's report, my

denuncia are left without any definite, certainly without men are not the peace commission which has tion of the origin, practice, and purpose of any official knowledge, respecting this singular gone out on a noble errand, but special com- this movement. I desire to call the attention transaction; this monstrous projeet, involving missioners appointed by the President of the of the House to the fact that if this transaction the disposition of so large a portion of the United States to negotiate this swindle, a domain of Kansas. To obtain this knowledge swindle, as I am reliably informed, that was

is permitted to be consummated by the com:

sent of this House another consequence may and bring it before this House was the purpose concocted and worked up in the city of Wash- result. The Cherokee nation, wbich is organof the committee whose report is now before us. ington a year ago between Mr. Sturges and the ized within the limits of this Government, can

Now, Mr. Speaker, the facts in this case are men who have acted as his tools under the as well sell out their whole domain to a set of so very remarkable that I must beg the particu- name of Indian commissioners.

speculators, either for railroad or other purlar atiention of the House to what I have to Mr. Speaker

, these Great and Little Osage || poses, who may organize within this Goveru The land referred to consists of a body Indians had no power to cede these lands to a ment a State in the hands of a few men who fifty miles wide and two hundred and fifty miles railroad corporation. They had, as the gen- would have absolute control of its lands, and long, containing, consequently, twelve thou. tleman on my right has said, the right of occu. sand' five hundred square miles or eight million pancy upon these lands under previous treaties of the country and people. If we permit this

of course of its destiny, against the best interesis acres, which, divided by one hundred and sixty, with the Government. The title was in the to be done in one portion of the territory of will give an aggregate of fifty thousand home. United States, and their power over the lands the United States now, and we cousent to the steads of one hundred and sixty acres each; was simply the power of cession to the United establishment of the precedent, and allow other and allowing every head of a family to repre- States, and was exhausted the moment they l parties to do the same thing, the result will be sent an average of five persons--which is the exercised that power,

that all the vast region now controlled or occuordinary computation-it would sustain a popu- Why, sir, has it come to this that we are to pied by the Indians will become the property lation of two handred and fifty thousand.' The sit here and recognize the right of the Presi. of individuals, contrary to the settled policy territory is larger than either of the States of dent and Senate to build railroads and make of this Government, which has been to open Rhode Island, Delaware, Connecticut, Massa- land grants in contravention of the powers of chusetts, Vermont, New Jersey, New Hamp | Congress? If we want to build the Leaven. In addition to that it will necessarily require

all its domain to settlement and improvement. suire, or' Maryland. It lacks but little of being worth, Lawrence, and Galveston railroad, and appropriations of money out of the public large enongh to enable you to carve out of it endow that company with land grants for the

Treasury to carry out these treaty stipulathree sueh States as Massachusetts, Connec

purpose, it is for the Congress of the United tions. ticut, and Delaware. States to do it, and not the Osage Indians or

It should be the purpose of this Government


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