Gen. Clark has remarked in his report, oppo

site the entry of this claim, that a regular
demand was made to the Sacs for the mur-
derers, and for the property taken; that two
men were delivered over to the civil autho-
rity of the United States, who were tried

and acquitted; that of the property, two
horses and one mule only were restored,
and that these were turned over to the claim-
ants.

He claims payment for a horse
The horse is stated in the account to have
been stolen by the Ioway Indians, on
the 18th July, 1815; and in support of
the claim, a deposition is produced,
made by John Hancock and Ste. Jack-
son, before George Jackson, J. P., of
Chariton township, on the 31st January,
1817, wherein it is declared, that the
witnesses knew the horse, and thought
him worth $80; that he was taken at
the same time as the creatures of Henry
Ferril and John Hancock; and that it
was thought to be the Ioways that stole
said horse.

Claims payment for a mare and 3 colts
In support of this claim two depositions

are adduced, purporting to have been
made on the 31st January, 1817, before
George Jackson, J. P.; one of them
by Stephen Jackson and Robert Han-
cock, wherein they have testified, that
the valuation set upon the property in
the account, is about the real value
thereof; and that it was generally
thought, in the Boon's lick settlement,
that Ioways stole the same; and the

$80

160

report when, or by whom, the de-
mand was made on the Ioways,
nor whether or not any proofs were
adduced to them, nor what reply
they gave to the demand.
more than three of the stolen
horses are proved to have been
seen in their possession; one of
these is shown to have been re-
gained, and another of them, to
wit, the mare of Henry Ferril,
seems evidently to be twice claim-
ed for; [see the claims numbered
78 and 83.] Unless as to the lat-
ter two horses, the alleged offend-
ers are not shown to have crossed
over any Indian boundary line;
the place of the alleged robbery
of the others would seem, from the
testimony, to have been on the
north side of the Missouri river,
on land over which the loways and
the Sac and Fox tribes had claims
that were not extinguished till 1824.

Remarks.

As to several of the horses, an at-
tempt to obtain private satisfaction
is shown to have been made, at the
Ioway village. The Ioways, be-
sides, are not alleged to have been
at the time, in amity with the Uni-
ted States; nor, from the circum-
stance of a treaty of peace having
been concluded with them at Port-
age des Sioux, a few days afterward,
to wit, on the 16th Sept. 1815,
(and being the first appearing to
have been ever entered into with
that tribe,) would it seem that they
could have been so; if they were
not, the claims would have been
inadmissible under the law, had suf-
ficient testimony been produced,
and Indians of that tribe been there-
by proved the offenders.