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3d. Those friendly Sioux who have been for some time seeking a precarious subsistence in the vicinity of their old homes in Minnesota.

4th. The Sissetons and Wahpatons who surrendered to General Sibley, and are living near Fort Wadsworth, in eastern Dakota.

1st. The Crow Creek Indians.-Congress has made an annual appropriation of $100,000 for the subsistence and clothing of these Indians, and efforts have been made to raise crops for their subsistence, but thus far without success; and the expense of transportation of the supplies sent to them is enormous. The result of a full consideration of the report of the treaty commission of last fall, of recommendations by Hon. Mr. Hubbard, of the congres sional committee, and by Special Agent H. W. Reed, has been that these Indians should be removed to some place further down the Missouri river, where they can be reasonably expected to raise crops, and where the males of their families, long confined at Davenport, could join them, and aid in procuring their subsistence.

2d. The Davenport captives.-These Indians have been discharged, and turned over by the military authorities to an agent of this department, and are now on their way, to the number of about one hundred and fifty, to the new reservation, of four townships, situated at the mouth of the Niobrara river, near the Poncas and Yankton Sioux.

It is expected that these Indians will arrive at Niobrara between the 10th and 15th of May, and such arrangements have been made as will probably enable them at once to set about preparations for making a crop this year. It was also intended to get the Crow Creek Indians down to the same reservation in ample time to plant; but, from the fact that the steamer furnished by the War Department is, it is understood, to go up to Fort Rice with a cargo of supplies before bringing, on her downward trip, the Indians from Crow creek, it is feared that the month of July may be advanced before those Indians reach the reservation. Such directions have, however, been given as will, it is believed, put sufficient ground under cultivation to enable them, by proper care, to raise a good supply of corn and potatoes for their consumption.

Your attention is invited to the estimates in Superintendent Taylor's letter of 2d instant, a copy of which is herewith, marked A, as to the amount of funds necessary for carrying into effect the measures adopted relative to thetwo classes of Indians thus far referred to. That estimate amounts to $122,766, and covers the expense of getting the Indians down from Crow creek, by the method then intended to be taken; the purchase of certain lands and improvements of settlers on the Niobrara reservation; the erection of a storehouse and six buildings for the shelter of aged and infirm persons; the removal and subsistence on the way of the Davenport prisoners, (then expected to be done by land,) and the subsistence of the whole number (about 1,200 persons) upon the new reservation for twelve months. Superintendent Taylor estimates that an additional sum, sufficient to make the whole amount $150,000, should be added to cover the cost of implements, horses, wagons, &c. He thinks that upon this first outlay the Indians will, after the first year, be able to subsist themselves to a great extent. As, however, the removal of the Indiaus is made by steamer, furnished by the War Department, the elements of the estimate are much changed. I recur to the matter of estimates hereafter.

Referring again to the several classes of Sioux above noticed, I proceed to the

3d class. The friendly Sioux remaining in Minnesota.-In regard to those Indians it is noticeable that Congress has, by several enactments, made attempts to provide for them by donations of lands and money; but it has been found impracticable to accomplish anything under those acts, on account of the hostility manifested by the white people of that region towards everything in the form of an Indian. Many of these men have, for the past three years, been homeless wanderers, and actually suffering from want; a very poor return for services rendered to the whites at the risk of their lives. Action was taken by the department, about one year ago, to select for them eighty acres of land each upon the old reservation, but the feeling among the whites is such as to make it impossible for them to live there in safety.

Under date of April 6th instant, Right Reverend Bishop Whipple, of Minnesota, who has taken a deep interest in these friendly Indians, forwards a letter, (copy herewith, marked B,) from Reverend Mr. Hinman, a faithful missionary laboring among them, recommend ing that measures be taken to gather these Indians and remove them immediately to the new reservation of their people on the Niobrara, in order that they may have lands assigned them and earn, as they are ready to do, their living by their own labor. Mr. Hinman estimates the whole number to be so removed at 250. I heartily approve of the recommendation, and, with your approval, will take measures to carry it into effect. The govern ment, as it has acknowledged by several enactments, owes these people a debt of gratitude, and has not discharged that debt, but has deprived them of their share of the property and income of their people, by the act of 1863, abrogating all treaties, &c. It is difficult to make any reliable estimate of the amount necessary to remove them and settle them at Niobrara, but the sum named hereafter will, I think, be sufficient, and the appropriation of $7,500, heretofore made for their benefit, or some portion thereof, could possibly be used for the purpose now indicated, and the selections of land made for them last year could be sold, and the proceeds applied for their use. If they can be removed to Niobrara in time to raise

a crop this year, their subsistence need only be provided for till next fall, and therefore prompt action is deemed advisable.

A letter of General Sibley (copy herewith, marked C) refers to certain persons belonging to this class, who, he thinks, on account of their having acted a prominent part on the side of the whites, would not be able to live at Niobrara. Although there is some foundation for the apprehensions of General Sibley, yet, from the information in possession of this office as to the docile disposition exhibited by both the Davenport and Crow Creek Indians, this office is of the opinion that the friendly Sioux will have no difficulty in living with their people. Connected with this class, there comes a claim by Mr. A. Faribault, of Minnesota, indorsed by Hon. Mr. Ramsey, United States Senator from that State, for $3,971 77, for money, &c., expended by him in subsisting a portion of these Indians for about three years. The claim, and papers substantiating it, are herewith submitted, by copies marked D. I recommend that measures be taken to examine the claim of Mr. Faribault, and to pay what shall be found justly his due.

4th class. Sissetons, &c., near Fort Wadsworth.-Some action has already been taken in regard to this class, by providing for their being represented by their headmen at Fort Rice, on the Missouri, at the expected conference with the treaty commissioners. It is probable that a treaty will be made with them at that time. From representations made verbally to your department and to this office by General Sibley, to whom these people surrendered, it is supposed that these Indians will ask a reservation near Fort Wadsworth, in the country not heretofore ceded by them; while there is reason to suppose that the military authorities, and many of the people of Minnesota, would prefer their being located much further north, and in the vicinity of Devil's lake. As giving much valuable information in regard to the feelings and wishes of these Indians, and aiding in the foundation of a just judgment as to the proper disposition of these bands, I herewith transmit copies of two papers, marked E and F, being a petition from their chiefs, dated December, 1864, and a letter from Rev. Mr. Riggs, formerly missionary among them. If, as the information at hand appears to justify, we are to trust in the friendly disposition of these people, their location near Fort Wadsworth would be a wise measure, and a protection to the frontier settlements, and I recommend that proper instructions be sent to the treaty commissioners in regard to the point to be fixed upon for their residence.

But there are six to eight hundred people of these bands, at and near Fort Wadsworth, in great want, while they are able to earn their living, and willing to do so if they can be furnished with implements and seeds, and measures should be taken to provide them with these necessaries in time for the spring work. They will till the ground, for this season, at all events, to such extent as is possible, near Fort Wadsworth, and I trust that some means will be provided for enabling them to do this to advantage.

FORMER PROPERTY AND INCOME OF THESE BANDS

At the time of the outbreak, in 1862, the four bands of Sioux herein referred to were entitled to an annuity of $15,000 from the sum of $300,000 invested for their benefit, and to a sum total payment for lands ceded by them, amounting to $4,861,800. This sum was so graduated in annual payments that the amount due to the Indians, annually, was $135,060; or, including the $15,000 above mentioned, their annuities amounted to $150,060. This sum was forfeited by the act of February 26, 1863, by all, indiscriminately, friendly and hostile, and only the families of those who were executed or imprisoned have been provided for by government, and this, as we have seen, at an annual expense of $100,000, at Crow creek; while the sum of $1,380,374 has been paid for losses by the outbreak by a part of this people.

I beg leave to suggest, in view of the whole subject, whether the time has not come for such a disposition of funds long ago set apart by treaty with these Indians as will result to their advantage, and the best interest of the whites. The sum of $50,000 which has been for each of the last three years annually withheld from these tribes, if now placed in the hands of your department, would enable it to locate the first three classes comfortably upon the new reserva tion, and to aid the Sissetons at Fort Wadsworth to a reasonable extent; while it is believed that, after the expenditure of such portion of the $150,000 as should be found necessary in putting these bands in a condition to raise their own crops in peace, a sum much less than the annual interest upon the remaining capital of the Sioux funds will be sufficient for their use for years to come, and that they will soon become self-supporting. Or, to make this suggestion more clear, the whole amount to which these bauds were entitled was—

In 1862....

Deduct appropriated claims for losses.

$5, 161, 800 1,380, 374

3,781, 426

The interest upon which, at 5 per cent., would be $189, 071.

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(As the removal of the Indians is made by government steamer, no estimate is made for this expense. Rations are also provided by government for the Davenport Indians, and the ordinary issues for the Crow Creek Indians, already provided, will suffice for them. If these Indians succeed in raising a crop this year, the sum of $72,000, called for by Superintendent Taylor, is too large.) Removal of friendly Sioux from Minnesota to Niobrara.. Subsistence for six months on reservation....

$20,000

5.040

5,000

72,000

10,000

Assistance in implements, seeds, &c.....

7,000

Add to Sissetons, &c., at Fort Wadsworth..

3,000

Add for necessary buildings, expenses of employés, &c., at Niobrara, (a portion of the buildings necessary will be included in the purchase of improvements)..

10,000

40,000

Total.....

172,040

Subject to increase if the cost of removing the Indians to Niobrara is to be refunded by this department, and to decrease if the Indians should succeed in raising a crop this year. It will be borne in mind that the government has appropriated annually, for three years, $100,000 for the support of the Sioux at Crow creek alone. There will be available for the use of these Indians the proceeds of the sale of their large reservation in Minnesota, from which but a small sum has yet been realized by the General Land Office, by which office the sales are made; and that sum has been absorbed by the expenses of surveying the land. To recapitulate briefly the recommendations of this report, this office recommends that the friendly Sioux now in Minnesota be at once removed to Niobrara, by land, with a view of raising a crop this year if possible; that instructions be sent to the treaty commission to provide for a reservation near Fort Wadsworth for the Indians in that region; that aid be promptly furnished to those who are willing to labor, and who are now near Fort Wadsworth; and that such general policy may be adopted in regard to funds for the benefit of the four bands of Sioux referred to as will enable the department to provide for their welfare; this recommendation having special reference to the restoration, for the benefit of the Indians, of the funds withheld by act of Congress, deducting the amount heretofore paid for losses by the outbreak of 1862.

In order to make this suggestion practical, I beg leave to submit herewith a draught of a bill which may serve as a basis of action by committees of Congress, (if you shall see fit to submit the subject to that body,) providing for restoring, for the use and benefit of these Indians, the balance of funds held by government for them in 1863, after deducting the amount paid for losses by them. Should such a bill be enacted, the sum so appropriated would, it is believed, enable the department to carry into effect all the suggestions in this report, unless there should be such delay as to prevent the raising of a crop this year. Even in that case, I think that the condition of the Indians could be greatly improved by the careful expenditure of the sum indicated; this to be in place of the appropriation for the Sioux of the Mississippi, heretofore estimated for.

Very respectfully, your obedient servant,

Hon. JAMES HARLAN,

D. N. COOLEY,
Commissioner.

Secretary of the Interior.

No. 102 A.

A bill for an act to restore to certain bands of Sioux Indians the balance of certain annuities taken from them.

Whereas, by an act of Congress approved February 11, 1863, all treaties made with certain bands of Sioux Indians were, on account of hostilities committed by said Indians, declared to be abrogated and annulled, and all lands and rights of occupancy within the State of Minnesota, and all annuities and claims theretofore accorded to said Indians, or any of them, forfeited to the United States: and whereas a large amount of money has been paid by the United States for losses by the hostilities of said Indians, which payments were properly charged against the funds theretofore belonging to said Indians; and whereas it appears large number of persons belonging to the said bands of Sioux Indians never participated

that

in the hostilities referred to, and are now friendly to the United States and in need of assistance, while others have been for several years supported by the United States, and a large number in addition have recently been pardoned by the President and restored to liberty: Therefore,

Be it enacted, &c., That, for the purpose of enabling the Interior Department to provide for the welfare of such of the four bands of Sioux referred to as are now friendly to the United States, or as may become friendly hereafter, there shall be restored and invested for the benefit of the said Indians such amount as shall be ascertained to remain after deducting from the capital of the funds of the said Indians, as it existed on the 16th of February, 1863, the amount which has been paid by the United States on account of losses of citizens by the hostilities of said Indians committed in 1862.

SEC. 2. There is hereby appropriated, for the use and benefit of said Indians, to be expended under the direction of the Secretary of the Interior, in removing and concentrating a portion of the said Indians to and upon a reservation selected for them at the mouth of the Niobrara river, and providing for them there, and in providing for others at some point in Dakota Territory, such amount as shall be equal to five per cent. upon the balance of funds found remaining, as in the preceding section provided for.

(Or the sum of $189,071, being five per cent., &c.)

No. 103.

WASHINGTON, May 8, 1866.

I have recently learned, with much surprise, that the Commissioner of Indian Affairs has ordered the removal of the Sioux Indians, now in Dakota Territory, who were the perpe trators of the Minnesota massacre in 1862, from their present location at Crow creek down into one of the settled counties of Nebraska, and directly opposite our white settlements in Dakota.

You are aware that these Indians at that time murdered more than a thousand defenceless men, women, and children in the State. In the conflict which followed, some four or five hundred Indians were taken and incarcerated in Iowa, while the balance of the hostile bands were forced from Minnesota into Dakota Territory, where they now are. In 1863, the government ordered and effected the removal of all the Sioux from Minnesota, and located them at Crow creek, a place about one hundred and fifty miles above Yankton, the capital of said Territory.

Within a few weeks past an order has been signed for the release of those hostile savages who have been so long in confinement, and their transportation to our Territory, where they are to be turned loose to seek revenge, by a system of robbery, rapine, and murder, upon our unprotected citizens only known to barbarians. The place which I learn is selected for this location is upon the opposite side of the Missouri, and but a short distance above my own residence. This act of the government, in endangering the lives of our people and destroying our Territory, has been determined upon without a word of consultation with the citizens of Dakota that I am aware of, and has been concealed from their representatives here by the Commissioner of Indian Affairs.

If this order is carried out-if these Indians are located thus near our settlements-our citizens will either be compelled to abandon their homes for the security of their lives and property, or wage a war of extermination against them. If the officers of your administration having these important matters in charge would consult the feelings of our people, and take their advice in the disposal of the Indian tribes with whom they are compelled to live as neighbors, it would relieve the government of much embarrassment, and save the lives and property of many of our citizens.

In behalf of the citizens of Dakota, whose interests I have the honor to represent here, I beg to say that I enter my solemn protest against the removal and location of these savages any nearer to our white population than they now are. I am, very respectfully, your obedient servant,

W. A. BURLEIGH,
Delegate in Congress from Dakota Territory.

The PRESIDENT.

No. 104.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,
Washington, D. C, May 18, 1866.

SIR: I have the honor to acknowledge the receipt, by reference from your department, of a letter from the Hon. W. A. Burleigh, delegate in Congress from Dakota, to the President of the United States, in reference to the removal of the Sioux Indians to Niobrara, with instructions to report thereon.

The Indians whom it is proposed to remove to that reservation are a portion of the four bands to whom two adjoining reservations had been assigned south of the Minnesota or St. Peter's river, in Minnesota, by treaties, previous to the year 1862, and generally known as the Upper and Lower Sioux.

In the year 1862 the Sioux Indians residing in western Minnesota, caused, it is alleged by the failure to pay promptly the annuities due to the Indians, derived by treaty from the sale of their lands, which annuities, in money and for beneficial purposes, amounted to about $150,000, the capital of their fund being $5,161,000, commenced a war upon the defenceless settlements, and a large number of white persons were massacred. The farmer Indians participated to a very small extent in these acts of hostility, and many continued entirely friendly, but the large part of the four bands of Sioux to whom the two reservations belonged were either actively engaged in hostilities, or went off with the hostile party, through persuasion or fear, when the United States troops moved into the country in pursuit. By the prompt action of the military, under command of Major General Sibley, the outbreak was speedily quelled, a large number of Indians were captured, while many came in voluntarily and surrendered themselves, as soon as they could get away from the more guilty parties and obtain the protection of our troops; and these last brought in with them more than two hundred white persons who had been taken captive by the Indians. In this speedy suppression of the outbreak, many friendly Indians acted as scouts, and otherwise rendered good service, which Congress has recognized by special enactments.

After the outbreak a large number of the captured Indians were tried by military commission and sentenced to death. The late President, in reviewing the sentence, selected from the whole number such as were convicted of having personally committed acts of violence, and these were hung, to the number of thirty-nine. Such of the others as were proved to have been present at the commission of any acts of hostility were placed in confinement at Davenport, Iowa, but there were sent to the same place a number against whom no record of condemnation stood. The Indians captured, numbering bout one thousand seven hundred persons, consisted of the class last referred to and their families. By the execution and confinement of the males of this party, there were left the old men, women, and children. These were removed, in 1863, to Crow creek, Dakota, to a reservation there selected for their residence, and some seventy-five men, who were pardoned by President Lincoln in 1864, were afterward sent to that reservation.

At that point agency buildings were erected at large expense, in the expectation of making a permanent residence for the Indians.

The failure of crops for three successive years disheartened the Indians, and, owing to the great distance which supplies for them must be transported, the appropriation for their benefit ($100,000) has been found only sufficient to provide and transport to them the real necessaries of life, leaving nothing applicable to their comfort or improvement.

In the autumn of 1865 the commissioners appointed by the President of the United States-Major General Curtis, Major General Sibley, Governor Edmunds, of Dakota, Superintendent Taylor, and Rev. H. A. Reed-who were directed on their way up the Missouri to visit the Crow Creek reservation, did so, and made a report to the department, in which they alluded in the strongest possible terms to the unfortunate condition of the Indians at that point, their being in a state of semi-starvation for two years," and the unfitness of the location to enable them to hope for any success in tilling the ground. Subsequent inquiry and examination into the subject by Superintendent Taylor, to whom the matter was specially referred, after personal conference with him and with Generals Curtis and Sibley and Rev. Mr. Reed, of the commission above referred to, resulted in the selection of four townships of land at the mouth of the Niobrara, in Nebraska Territory, as a home for these unfortunate Indians, where they might be expected to raise their own subsistence, as they were and are willing to do, and at which point the necessary supplies for their use could be delivered at a vast saving in the item of transportation.

The selection of the locality at the mouth of the Niobrara was made by Superintendent Taylor, after careful investigation and search for a tract of sufficient size still in possession of government, and where the Indians would be as much isolated as was possible from contact with the whites.

The Crow Creek reservation was selected under authority of the act of Congress of March, 1863, providing for a removal of the Indians to a tract of "good agricultural land, well adapted for agricultural purposes," outside of the limits of any State. The reservation at Crow creek proving, after three years' trial, not to be such a tract, it was deemed to be within the power and duties of the President, under that law, to provide another tract which should fulfil its requirements for the use of the Indians.

The only other point proposed for their residence, in case of removal, was one adjoining the Yankton reservation on the north, suggested by Hon. Mr. Burleigh, delegate for Dakota. There did not appear to exist, in the location proposed by that gentleman directly, north of the Yankton reservation, any advantages over the one selected south of and near that reservation, to affect the palpable good to be gained by placing the Indians so as to have the Missouri river between them and the white settlements in Dakota, and so as to gain the greatest possible saving of transportation; nor did it appear desirable to place the Sioux in immediate contact with the Yanktons, whose condition, after the expenditure of much money

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