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intendency proper. A great deal is said by the people to the prejudice of the governor in his management of Indian affairs, but I was unable, under the circumstances, to elicit such facts as would sustain these reports against him. Upon his return from the Upper Missouri I propose to make further investigation and report in his case.

CROW CREEK AGENCY.

The Indians of this agency having been removed to Niobrara, in the northern superintendency, I did not extend my inquiries to it.

PONCA AGENCY.

I heard nothing said, of a definite character, to the prejudice of Agent Potter. I found the Indians of his agency nearly all located on their proposed new reservation, about twelve miles from the agency buildings. In a talk I had with some of the chiefs and headmen they expressed great solicitude about the ratification of their new treaty. These Indians raised much more corn last year than they needed, but their liberality in giving it away to their neighbors, the Yanktons, has almost brought them to want. They have a little more ground planted this year than last, and the prospects for an abundant crop were never better.

The Poncas have no school, and never had. The school-house erected at the agency by late Agent Hoffman was never finished, and should not be. It is twice as large as the wants of the tribe would require; and the frame-work is as much too light as the building is too large. The lumber in it is good, and could be used in building a school-house at the new reservation, should the treaty be ratified. No funds have been expended for school purposes at this agency since Agent Potter took charge of it.

YANKTON SIOUX AGENCY.

The conduct of affairs of this agency was the subject of universal remark by the people of Dakota, but the limited time I had at my command, and the difficulty I experienced in tinding parties who have been personally cognizant of its details, compel me to submit an incomplete report, accompanied by testimony that is little more suggestive of what common report and the logic of circumstances indicate has been going on there since the agency was established. I found no one who was acquainted with the details of the management of the agency under the administration of late Agent Redfield, and very few who were familiar with its management by late Agent Burleigh. The few I did find were generally unwilling to give information. One of them, Jacob Rufner, who was the first I called upon to testify, refused to be sworn, unless I first explained to him what I desired. "I want to know what you want," he said, "because, if it's any slur on Dr. Burleigh, I aint a going to have anything to do with it. If I do he will fix it so I'll never get anything in the world, and he will drive me out of the country." Therefore, in making such investigation as I did, I was compelled to search out individual cases at random, without previous knowledge as to their character. Among other data placed in my hands to assist me in examining into Indian affairs in Da kota were the duplicate accounts of late Agent Burleigh. Many of the facts which I have elicited are unintelligible, except in connection with these accounts, and I shall, therefore, be compelled to make frequent reference to them; and, to make what follows more readily understood, I must refer to one matter that appears from the accounts alone, which is the manner in which late Agent Burleigh disposed of the property which came into his possession, a manner which I know you have not tolerated since you assumed the position you now hold. In looking over the accounts of the late Agent Burleigh I find that, at the end of each quarter, he reports no property on hand, and in seeking an explanation of this I discover that he has taken and filed with his accounts the receipts of the Indians for every article purchased by him, or sent to him by the department. The form of receipt generally used is as follows:

We, the undersigned, chiefs and headmen of the tribe of Yankton Sioux Indians, hereby acknowledge to have received from W. A. Burleigh, our agent, all the goods and property hereinafter mentioned, and we authorize our said agent to retain in his possession for our use and benefit, as he may deem best for our interests, and to actually deliver to us for our use and consumption, such portions, from time to time, as he may judge proper for us.'

Under these receipts all farming implements, all work-cattle, all stock, all tools for the shops and mill, all medicines, all property of every description. from the horses he drove to the pen-knife he carried in his pocket, were dropped from the agent's returns as "issued to the Indians."

Take, for example, the following items from the Indian receipt, in late Agent Burleigh's account, for the third quarter of 1853, a copy of which is herewith: "One pair of bay horses, 7 years old; 1 set of double harness; 1 dozen 17-inch mill files; 2 14-inch ploughs, 2 ox wagons; 6 dozen Seidlitz powders; 6 pounds compound sirup of squills; & dozen Ayr's pills; 1 gallon 95 per cent. alcohol; 3 bottles of rose water; I cook stove; † M 6,434 84inch official envelopes; I M double thick white letter envelopes; 1 ream P and P excelsior legal cap; ream first-class Congress cap; 1 ream quarto post; 1 ream P and P first-class note; 1 seal; 1 penknife; 1 ruling pen; 1 gross pens; 1 dozen lead pencils; 1 cash box;

4 bottles, (quart) Arnold's fluid; 4 bottles, 8-ounce mucilage; 2 bottles, 2-ounce, carmine 1 pound of wax; 1 memorandum book; 1 ream of vouchers; 1 port-folio."

To this receipt the agent makes a certificate in these words:

"I certify on honor that I have actually delivered to the chiefs and headmen of the Yankton Sioux all of the goods and property mentioned in the foregoing receipt.

"YANKTON AGENCY, September 30, 1863."

"W. A. BURLEIGH, "United States Indian Agent.

Another matter, of much less consequence, however, appears from the accounts above, which is, that many articles were purchased by late Agent Burleigh with Indian funds which could not have been necessary for the Indians. The following list will furnish an example: One sewing-machine, June 1, 1861..

School-books, July 30, 1861...

Eleven bedsteads, 2 dozen chairs, August 12, 1861.

One cook stove, August 14, 1861..

One cook range, August 21, 1861.

School-books, September 8, 1862..

One cook stove, September 8, 1863...

Four bedsteads, 2 mattrasses, 2 dozen chairs, 4 tables, September 13, 1862....

$90 00 49.64

77 30

30.00

75.00

25 97

24 00

49 00

These accounts also show that the late Agent Burleigh frequently made purchases of corn, cattle, beef, &c., from the employés of the agency-a thing not allowed under your administration-and they also show, which is of much greater consequence, that all the purchases made by late Agent Burleigh were made without inviting competition by advertising for proposals, or in any manner regarding the act of March 2, 1861, on that subject.

I will now briefly refer to some points in the testimony, which is herewith submitted, in connection with some of the items in the accounts of late Agent Burleigh. First, his accounts show that, in addition to the cattle for beef, he purchased seventy-three yoke of work cattle, two hundred and seventy-five milch cows, also five horses, fifty-six stock hogs, and seventeen wagons. The testimony shows that there was at the agency, when Agent Conger took possession, one milch cow, and no more, which the late agent gave to Mrs. Conger; but not one ox, one horse, and not one hog, and one wagon. Owing to the peculiar manner in which the agent accounted for all property which came into his possession, it is difficult to find exactly what became of these cattle, horses, hogs, and wagons. The Indian receipts, with his accounts, merely show that they were delivered to the Indians or retained by the agent to be delivered when he saw proper.

John W. Owens testifies, that "two yoke of cattle, two wagons, some ploughs, chains, and yokes," were brought from the agency and put under his charge on Dr. Burleigh's farm, at Bon Homme; and Ellis W. Wall testifies that he bought from the agent and took from the agency three yoke of cattle and one wagon. Mr. Owens also testifies that the Indians killed thirteen oxen for getting into their fields, and that the meat of these oxen was taken to the warehouse and "sold out to the Indians.'

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He also testifies that there were large numbers of milch cows brought to the farm of late Agent Burleigh, at Bon Homme, and that when John H. Burleigh (the agent's brother and farmer at the agency) brought one hundred and eleven head to the farm, he (John H. Burleigh) said they were Indian cattle, bought with Indian money. This is not competent testimony, however, and the remark made by the agent to Owens, in regard to this same lot of cattle, "We have a fine lot of cows here now, and we can keep them till we get a calf or two apiece from them," is not definite.

Second, in the accounts of the late Agent Burleigh, for the fourth quarter, 1862, he has a voucher which he designates as a "Pay-roll of employing, constructing a school-house." On this pay-roll are the names of Ira Williams, Richard Kane, John Kenny, Wm. Moore, George Yale, Abram Shaefer, Joseph Brady, Mathew McWherry, James Clark, Dwight Wodworth, and James Dugan. They are rated as "carpenters," and paid each for twelve days' service at the rate of one dollar and seventy-five cents per day. I know by personal observation and by testimony that there is not and never was a school-house at the agency; and Charles E. Hedges testifies that these "carpenters" were soldiers stationed at the agency. Third, these accounts show that the late Agent Burleigh paid Sallie D. Faulk, as a teacher, in the fourth quarter, 1861; and she, and Catherine S. Burleigh, as teachers in the first, second, third, and fourth quarters, 1862; and Catherine S. Burleigh and Henrietta Faulk, as teachers, in the second quarter of 1863.

The testimony shows that there was a school for white children at the agency, taught by Dr. Barrett, who was paid as a physician, but there was never a school for Indians.

Fourth. The accounts show that Clarence Brown was paid as engineer in the second, third, and fourth quarters, 1861, and that Alexander Keeler was paid as miller from the time Agent Burleigh took charge up to March 31, 1863, about two years. The testimony of Guyon and Bradford shows that the mill was not in running order, and that it was not even standing until Mr. Bradford set it up in the summer of 1862. Guyon says "the only engineer was Mr. Bradford; there was no miller there."

Fifth. The testimony of Mr. Bradford shows that John Thompson and James Mechling worked for Agent Burleigh on his farm, at Bon Homme, while they were enrolled and paid, the former as blacksmith and the latter as tinsmith at the agency. The same testimony shows that this blacksmith did work for parties outside, and was paid for it, and that this tinsmith made tinware which was sold by Agent Burleigh to his trader.

Sixth. From the time Doctor Burleigh took charge of the agency, early in 1861 until July, 1863, as also in the fourth quarter 1864, and first quarter 1865, Timothy B. Burleigh was enrolled and paid as a laborer at the rate of forty dollars per month. The testimony of Owens, Guyon, and Bradford shows that this Timothy B. Burleigh was a son of Agent Burleigh; that he was a boy of thirteen years, going to Doctor Barrett's school, or amusing himself in hunting and trapping.

Seventh. The testimony of Hedges and Wheeler shows that the mess-house at the agency, which is a stage station where travellers are wont to stop, was kept up, during the administration of Agent Burleigh, until May 16, 1864, by S. B. Shrader and Foster T. Wheeler, and that the receipts went into the hands of Agent Burleigh or to his family. These men were, as the accounts will show, enrolled and paid as employés-paid with the money of the Indians while they worked for the agent.

Eighth. John W. Owens testifies that while he was employed at the agency he was paid at the rate of one dollar per day, for which he generally signed blank vouchers. According to the accounts of late Agent Burleigh the Indians paid Mr. Owens at the rate of $460 per annum for a part of the time, and for a part at the rate of $480. Foster T. Wheeler swears that he worked in the mess-house for over two years, for which he received pay at the rate of twenty-five dollars per month, and no more. In these accounts Mr. Wheeler receipts for wages at the rate of thirty dollars per month, except for the fourth quarter, 1863, when he receipts at the rate of forty dollars. After examining one of the pay-rolls he testifies that he "don't think the figures were there when he signed it."

Ninth. Mr. Owens testifies that in the spring of 1862 he sold to Agent Burleigh "sixty or seventy bushels (but not more) of corn and forty bushels of potatoes, for twenty-five cents per bushel for each," for which he signed a blank voucher. This sale would bring Mr. Owens between twenty-five and thirty dollars. In the accounts of the agent (Burleigh) the voucher purports to be for one hundred and seventy bushels of corn and two hundred bushels of potatoes, at one dollar per bushel each, making three hundred and seventy dollars, for which amount the agent gets credit. It is scarcely worth while in this connexion to mention that Guyon swears that he sold Burleigh a mule for eighty dollars which is put down at ninety in his accounts.

Tenth. Voucher No. 41 in the accounts of the late Agent Burleigh is for "gathering and hauling from wreck of steamer J. G. Morrow forty tons of freight to the Yankton agency, at thirty dollars per ton." It is receipted by Charles E. Hedges. The timid Rufner testifies that he helped to save these goods, and that they were hauled to the agency by some Norwegians that Agent Burleigh hired. Owens testifies that there were different men hired to haul them, and that he was one of them. Siever Halverson Myhren, a Norwegian, testifies that he hauled 3,500 pounds of these goods to the agency, for which he was paid at the rate of seventy-five cents per hundred pounds. Lewis Larson, also a Norwegian, testifies that he hauled two loads of these goods, for which he was paid at the rate of seventy-five cents per hundred pounds. He also swears that ten others who hauled at the same time he did were paid at the same rate. Both Myhren and Larson testify that they were paid by Agent Burleigh, and that Hedges had nothing to do with the matter. Here we see, then, that if there were really forty tons of these goods, Agent Burleigh paid six hundred dollars for hauling them, and, having a convenient man at his elbow to sign a voucher, he charges the Indians twelve hundred for it.

Eleventh. Voucher No. 5 in the accounts of late Agent Burleigh for the second quarter, 1863, is signed by S. B. Shrader, an employé who kept the mess-house. It is for furnishing twelve hundred meals for scholars and apprentices, amounting to three hundred dollars. The accounts of the late agent show that there was an apprentice employed for two quarters in the blacksmith shop; Bradford testifies that there was one employed in the blacksmith shop for about one month, and that there were no other apprentices. The only other indication that there were apprentices is that, per voucher No. 14 in these accounts, first quarter 1862, A. J. Faulk is paid for boarding two or three months. As I know there was no school, and of course no "scholars," who then, if anybody, ate those twelve hundred meals? There is no doubt the amount of this voucher was paid because, under the mess-house arrangement, the money went to the agent.

Twelfth. The accounts of late Agent Burleigh for the third quarter 1864 show that certain claims for depredations by the Yanktons had been paid as follows:

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Of these claimants I could only find Owens and Wall. Their testimony in regard to these claims presents a singular state of facts. I will briefly refer to it: Owens swears that he placed his claim in the hands of Doctor Burleigh, then agent, for collection, with the agreement that the proceeds should be equally divided between them; that he signed blank voucher for it to enable the agent to collect it, and that "he has never received a cent of it." Wall testified in regard to his claim that he presented it to Agent Burleigh, who said he had no time to attend to it, but advised him to get Esquire Faulk, the father-in-law of Agent Burleigh, to collect it; that he placed it in the hands of the esquire, agreeing to pay him onehalf for its collection; that when he afterwards spoke to the agent about it he stated that he did not know how the esquire was getting along with it, but he thought there was no chance; that in September, 1864, he was at the agency and saw Doctor Burleigh, but the witness had better relate the rest in his own language:

He continues, "Dr. Burleigh told me he was very anxious to see me, and told me to be sure and come to the office before he went away. I saw him before I left; he told me he had been on to Washington, and that there was no show for my claim. He said he wanted to help the people up here, though, that I was a poor man, and that if I would sign the vouchers, he would give me up my note for $500, and stand his chances for collecting my claim. I signed the vouchers and he gave me up my note. I have never heard anything further about the matter since; this was in September 1864." Funds to pay the claim, $1,313 75, in full, had been placed in agents hands in August 1864. The records of your office show that the claim of Owens, above referred to, was allowed by Commissioner Dole January 15, 1864. They do not show that either of the above claims was allowed at all, except that the funds to pay them were remitted to Agent Burleigh August 19, 1864.

Although Wall testifies that his claim was placed in the hands of Mr. Faulk to be collected on the shares, (the agent stating he had no time to attend to it,) the records show that Agent Burleigh, and not Mr. Faulk, presented it to the department.

The note for $500 alluded to by Wall, as above, was given, as his testimony will show, for four yoke of oxen and a wagon; one yoke of which oxen were sold to him by Agent Burleigh from his farm, and three yoke and the wagon from the agency.

The certificates to the vouchers of Owens and that of Wall are both in the same language, and as follows:

"I certify, on honor, that the above account is correct and just, and that I have actually, this 30th day of September, 1864, paid the amount thereof.

"W. A. BURLEIGH,

"United States Yankton Agent."

There is one other matter of which it may be well to speak, where the accounts of late Agent Burleigh and the surrounding circumstances do not seem to accord, which is in regard to lumber. There was no sawing done until 1862, as Guyon and Bradford testify. During that year agent Burleigh, as per his accounts, purchased 90,000 feet of saw-logs; in 1863 he purchased 150,000 feet; and in 1864, 49,000 feet-in all, 289,000 feet. Mr. Bradford, working by the month, sawed the logs in 1862, and, as per the accounts, was paid by the 1,000 feet for so doing in 1863 and 1864. What became of so much lumber? All the buildings at the agency do not contain any such quantity. Mr. Bradford swears that Hedges took away 1,500 or 2,000 feet, and Agent Burleigh took to his farm about 4,000 feet. But these items are insignificant; the agent's accounts throw no light on the subject, for he has receipts of the Indians, first, for the logs, and afterwards for the lumber.

There are some curious facts contained in the accompanying testimony which do not depend for their interest on Agent Burleigh's accounts. These can be understood by any one who reads the testimony, however, and I will refer to but one or two of them.

It appears from the testimony of Owens and Bradford that there was butchering carried on at the agency, either by S. B. Shrader or John H. Burleigh, or both. A beef was killed at least once a week, and the meat was sold to the employés and the Indians. Both these witnesses testify that the Indians bought and paid for meat, and both swear that they never saw any issued to them for which they did not pay, unless, as Mr. Bradford says, it was some part that was not saleable. When the Indians in a fit of anger killed thirteen of the work cattle at the agency, as testified by Owens, the meat was sold to them. The accounts of the agent show negatively that neither the Indians nor the government had credit for the proceeds of such sales.

The condition of the Indians of this agency for the last few months has not been very satisfactory. It was late in the season when crops were put in last year, and what was planted, owing to bad seed and dry weather, was almost a total failure. Their funds are not sufficient to clothe and subsist them, and they have, consequently, suffered to some extent. They have now more corn planted than ever before, with every prospec. of an abundant crop. Their summer's hunt, upon which they started while I was at the agency, bids fair to be successful; they will probably return with abundance of buffalo meat about the beginning of roasting ear season.

This must complete my report for the present. The facts elicited as to the past conduct of affairs are isolated and relate to matters of little importance compared with the numerous and large transactions of the Yankton agency. If the object in view by the House of Repre

sentatives in passing the resolution under which I was sent to Dakota is to provide any remedy or redress for these Indians, it cannot be accomplished without conferring upon a committee or a special commissioner full authority to make investigation, with power to send for persons and papers. I would respectfully suggest that this be done.

Respectfully submitted:

Hon. D. N. COOLEY,

ALEXANDER JOHNSTON,

Special United States Agent.

Commissioner of Indian Affairs, Washington, D. C.

No. 68.

YANKTON AGENCY, DAKOTA TERRITORY,
October 1, 1866.

DEAR SIR: In accordance with your instructions, I have examined into the condition of the Yankton Sioux Indians, located upon a reservation at this point, and now submit the result of such examination.

The seven bands number in all upwards of 2,500 Indians. They are peaceable, contented, and to a limited degree industrious. Heretofore, from various causes, but little ground has been cultivated. This year, however, there are nearly a thousand acres covered with a splendid crop of coin, the favorite food of these as of other Indians, which, it is believed, will harvest at least twenty thousand bushels. This bountiful harvest secures ample protection against hunger during the approaching winter months, and, in infusing a tranquil disposition among these Indians, will prove far more potent than a thousand "bristling bay.

onets."

The annuity goods, which arrived some time since, I saw in the Indian warehouse, and think they are just what these red men require, having evidently been selected with care and discretion, embracing, as they do, articles essential to comfort rather than the "tinsel trappings" which, while they charm the eye, are of no practical utility. The distribution of these it is intended shall take place immediately after the close of harvest, when the warriors will at once leave for their usual hunting grounds, and devote the remaining months of the year to killing buffaloes, antelopes, &c.

Agent Conger has constructed several log-houses, and most of the chiefs live in them, while the Indians of ordinary rank dwell in huts, or "tepes," made of buffalo-skins tanned as white as the drifting snow.

I was present and assisted in the payment of the cash annuity, $20,000, and witnessed the presentation, by Agent Conger, of the silver medals to each of the several chiefs. Medicine Cow objected at first to receiving treasury notes, or, as he said, "bits of paper." "My friend," said he, "why is it that our Great Father sends us bits of paper, soiled and wrinkled? He should send us gold and silver; that is money, while this," pointing to the greenbacks, "is useless; we can make better ourselves with our paint and bark."

The presentation of the medals was an interesting ceremony, the whole tribe being present, and the seven chiefs being painted in their most hideous forms. The stoical indifference so proverbial to the Indian character was noticeable here each chief received his medal in profound silence and, to all outward appearance, with supreme indifference. The silence, however, was of but short duration, for no sooner had the presentation ceremonies ceased than Strike-the-Red, the chief of all the chiefs, arose, and turning to Agent Conger, thus addressed him:

"My brother, our hearts are glad, and we love you. You encouraged our young men to plant corn, and they did so; now we have plenty to eat. I told you last spring you must visit our Great Father, and tell him from me that when my people gave him their lands he promised to do certain things, but he had not done it. We were told that our Great Father had a big war on his hands, and so we waited, believing that after a while the war would be over, and our Great Father would then remember his promise. Tell the Great Father,' said I, that he must now send us our annuity goods and our cash payments, or if not, don't you return here, for my men can no longer suffer.' We were told that in making a treaty with the United States we would become like white people. And now, my friend, you have returned to us after a long absence and brought with you our goods and our money, and also a silver token from our Great Father. These make our hearts glad, for we now know that we are not forgotten, nor shall we be hereafter."

This speech, accompanied with all the usual impressiveness and eloquent gestures so peculiar to Indian character, was listened to by the entire tribe with marked silence, save at the close, when one universal exclamation of " now-how!" broke the stillness.

Strike-the-Ree is almost venerated by the people. The frosts of sixty-five winters have left traces of their whiteness upon his head, and his once erect form is now bowed by the cares and anxieties of his eventful life. His people implicitly observe his commands, for they know his only wish is to please them.

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