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in their behalf, has elicited much sympathy from the commissioners who visited them, as mentioned in their report, published in the annual report from this office for 1865, pages 540, 541. But, in truth, there is no just reason to apprehend any hostile acts on the part of these people. From the old men, women, and children, who have been starving at Crow creek, there is certainly none. Ever since being sent to that place, three years ago, they have been quiet and patient amidst their sufferings, and those who joined them from Davenport have been exemplary in their conduct. As to this point, I beg to refer you to a state ment of Rev. Mr. Williamson, the devoted missionary to these Indians, and other teachers, published on page 420 of the report of this office for 1864, and every report from superintendent, agent, or teacher brings testimony of the good conduct of these people.

The prisoners from Davenport-some 200 in number, men, women, and children-have, at the instance of the department, upon the concurrent recommendation of the military authorities who have had them in charge, and of their missionary teacher, Rev. Mr. Riggs, who was chaplain during General Sibley's campaign, been pardoned by the President, and turned over to this department and sent to the Niobrara reservation, to begin the work of preparing farms there. On the occasion of reporting in the fall of 1865 in favor of their pardon, this office forwarded a series of certificates, petitions, and letters showing the excellent disposition and entire submission of these prisoners, together with statements showing that many of them were absolutely guiltless of any act of hostility, and not only this, but deserving of reward for the rescue of white captives. These papers have been mislaid in their passage through the various departments, and cannot now be found.

Major General Pope recommends the release of these prisoners under the condition that they were not to be sent to any point in the upper country where they could possibly have communication with the hostile Sioux of the plains. This condition could not have been fulfilled by sending them to Crow creek, and would not be by placing them north of the Yankton reservation, while their position south of the Missouri river is deemed quite desirable, under the views entertained by General Pope. But, in the judgment of this office, not the slightest apprehension need be felt of any hostility from these people.

The only other class whom it is proposed to remove to Niobrara is composed of about 250 of those who were farmers or civilized Indians in 1862; who have acted as scouts for the government; who never committed any acts of hostility, or fled with those who committed those acts; for whom Congress has provided lands near their old homes, but who are not allowed by the whites to live upon and cultivate them. Certainly they will not be hostile. They have remained friendly while compelled to a vagabond life for three years by the indiscriminate confiscation of all the land and property of their people.

It is proper to state that, by the act of Congress of February 16, 1863, abrogating all the treaty agreements with the four bands of Sioux in Minnesota, their reservation lands, amounting to 800,000 acres, were confiscated to the government, although the avails of their sale are to be used for the benefit of the Indians who are removed; the amount for which they sold their large tract of land-being in 1862 over five millions of dollars-was forfeited, and immense damage was done to their property by the troops and captive camp in the fall of that year. The crops belonging to the farmer Indians were valued at $125,000, and they had large herds of stock of all kinds, fine farms and improvements. The troops and captives, some 3,500 in number, lived upon this property for fifty days.

By the flight to the far north of the most guilty of these bands who escaped; by the great sufferings of the Upper Sioux, who have gathered about Fort Wadsworth, in northeast Dakota, for the past two years, many of whom have always protested their innocence; by the execution of 39 of their number; by the long confinement at Davenport of others; by the suffering of the people taken to Crow creek, of whom full 300 have died; and by the utter loss of their lands and property, it is thought that this people has atoned for the crime of a part of its number as no people ever before made atonement, and that it would be a disgrace to the American people if the poor and humble remains of those tribes are not allowed a small tract of land, easy of access and of fertile soil, where they may, under careful agents, earn their own living, and, under the guidance of their devoted missionaries, continue to display that patience under suffering, and, in regard to too many of them, that forgiveness of injuries which their white brothers have not shown towards them.

I herewith return the communication of Mr. Burleigh.

All of which is respectfully submitted.

Very respectfully, your obedient servant,

Hon. JAMES HARLAN,

D. N. COOLEY,

Commissioner.

Secretary of the Interior.

No. 105.

CROW CREEK AGENCY,
May 28, 1866.

DEAR SIR: I have just been writing a couple of letters to Commissioner Cooley, and concluded to write you on several items, most of which are only alluded to in my letters to him.

The Indians of this agency are in several respects peculiarly situated. They seem in many respects very unfortunate. To-day they are just starting by land for their new home in Niobrara. Could they have been started two or three weeks ago, they could have had twenty-five or thirty yoke of cattle to move with, instead of only fifteen, as now; they could have been down there in time to get a spring crop of corn in; row if they get one-fourth of one they will do well. As it is, they leave a large amount of baggage to be sent by boat. But they go cheerfully, being anxious to be off rather than run the risk of waiting for another chance. About their moral condition, I had often heard of their devotion and what was being done for them morally. Yesterday I attended their service; a house 22 by 24, poorly fitted up, is their church and school-house. Mr. Williamson, their missionary, was away; but Mr. Pond, their teacher, who, as well as Mr. W., speaks the language well, having both been brought up among them, being the sons of missionaries. The house was filled full, and a good many were unable to get in, which they tell me is generally the case. The service consisted of singing, prayer, and exhortation by the teacher and several of the Indians. I was highly gratified with the entire exercises. The promptness, devotion, and general decorum would be a pattern for Christian whites anywhere. There are, I learn, over two hundred consistent members of the church at this place; their average attendance of children at school, I learn, during the past year is about ninety. I do hope, as they have given since coming here such good evidence of trying to do what is right, they will have substantial encouragement. It seems to me that the men who have devoted their lives to the good of this people ought to be aided in their efforts in every possible way. The universal testimony as to these Indians is that, as to intelligence, reliability, diligence, and morality, they are among other Indians in the country like light in a dark place. The testimony of all I hear is that the religion they profess makes them decidedly better. I should hope that so decidedly beneficial an influence may receive proper encouragement, both for their own sake, as also the sakes of those Indians who are to be in the immediate neighborhood. My judgment is that as soon as possible a good substantial school-house, not less than 24 by 40 feet, ought to be built and put at their disposal at once. They could use this for a time as a church also, though it would not be large enough to accommodate all. There are a number of Indians here whose character and conduct ought to be considered. One came to me this morning, called the Sounding Cloud, who, after doing all he could to prevent the raid of the Indians in Minnesota, did what he could, and frequently at great personal risk, to rescue whites from the cruelty and wrongs of his nation. He is known to have rescued, with the aid of his party, six women and children from the cruel fate of prisoners; others, and several of them, too, have an excellent record on the same subject, and yet they have all as yet to share the same common curse of Minnesota Sioux Indians. It does seem to me that if southern Christiau rebels and southern Christian Indian rebels are being pardoned, and their rights to land and property restored to them, there ought to be some little relaxation of the rigor of punishment, and some little show of mercy and kindness to these; but as these seem to have no helper or hope, except in the Interior Department, may it not be hoped that the kindness commenced with those at Davenport will be continued until all who are properly disposed shall be aided and blessed? I think, before leaving this subject, that a good manual-labor school or boarding-school, under the charge of the men now teaching these Indians, would do very much good, both to those and neighboring Indians; it could accommodate the Poncas to a certain extent, as also the Yanktons, and others above.

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DEPARTMENT OF THE INTERIOR, Office of INDIAN AFFAIRS,

June 4, 1866.

SIR: I have the honor to report, in compliance with your directions, upon the following House resolution of the 21st ultimo, viz:

"Whereas it has been alleged that the Sioux Indians of Minnesota, who were engaged in the massacre in that State in 1862, have been removed therefrom, and a location for their per manent residence selected in one of the organized and settled counties of Nebraska, contiguous to the white settlements of Dakota, and but a short distance above the capital of that Territory; and

"Whereas most if not all of the land suitable for cultivation in the neighborhood of said contemplated location is said to have been purchased from the government, and is now held by private individuals: Therefore,

Resolved, That the Secretary of the Interior be requested to inform the House whether any arrangement has been made or is contemplated for the purchase of private lands or other property for the accommodation of said Indians, and, if so, the quantity of said land and improvements so purchased or to be purchased, and the names of the

parties from whom said purchase has been made, and the amount which has been or is to be paid for said purchases, and also the total number of acres of land held by individuals, whether in a private or corporate capacity, embraced within the exterior boundaries of said reservation, and by what authority said Indians have been removed and located, and said purchases have been or are to be made." The Indians which have been removed, and whom it is proposed to remove to the reservation referred to, are

1st. The Indians that have been located at the Crow creek reservation, consisting of the old men, women, and children of the Sioux Indians, who surrendered to, and were captured by, General Sibley, in 1863, together with some seventy-five who were pardoned by President Lincoln, and were sent there about a year and a half since.

2d. The Sioux Indian prisoners, some two hundred in number, who have for some three years past been confined at Davenport, Iowa.

3d. The Sioux in Minnesota, who were friendly to the United States during the outbreak in 1862, and who are at present in a destitute condition in that State.

As to the latter, no steps have yet been taken for their removal to the new reservation, and for full information as to the removal of those recently at Crow creek and Davenport, as far as this office is at present advised, reference is made to the reports of Superintendent Taylor, of the 3d ultimo, and Special Agent Kilpatrick, of the 19th ultimo, copies of which are herewith enclosed, marked A and B. It will be seen, by reference to the report of Agent Kilpatrick, that he speaks very highly of the intelligence and docile and submissive disposition of the Davenport prisoners.

For the purpose of a reservation, townships thirty-one and thirty-two, ranges five and six west, in Nebraska Territory, were reserved from sale by virtue of the President's order of February 27, 1866.

Of the nature and extent of the claims and improvements of private parties within the limits of the four townships embraced by this reservation, this office has no information beyond that furnished in Superintendent Taylor's report above referred to, who states, “I had a meeting with all the settlers, (heads of families,) ten in number, and said to them that the lands owned by them would be appraised by the government at a fair rate, and that they would be paid a fair price for their improvements. This seemed to satisfy them. I told all of them to put in as much corn, potatoes, and other vegetables as possible, and that they would be paid for their growing crops in the appraisement of the lands. There are about three hundred acres of broke land, well fenced, and in good cultivation." In reference to the arrangement made for their purchase, this has been contemplated by the estimates for appropriations by this office heretofore submitted to you, as will be seen by reference hereinafter made. The selection of this reservation, and the location of the Indians on the same, is done under the authority conferred by the act of Congress of March 3, 1863, (Statutes at Large, volume 12, page 819,) providing for the selection of a tract of land "well adapted to agricultural purposes, ""outside of the limits of any State." The reservation at Crow creek was first selected, but proving, after three years' trial, not to be adapted for the purposes of a reservation, has been abandoned, and the present location selected.

The estimates for appropriations, submitted with report of this office of the 20th of April last, include an item which, if appropriated by Congress, will be sufficient to cover the expenses of removing the Indians to, and the purchase of improvements of settlers upon, the new reservation.

As bearing upon this subject, I would respectfully refer to my report to you of the 18th instant, in response to Senate resolution in relation to these Indians, and as stating the circumstances under which the massacre in Minnesota took place, a copy of which report is herewith included, marked C.

Very respectfully, your obedient servant,

Hon. JAMES HARLAN,

Secretary of the Interior.

D. N. COOLEY, Commissioner.

No. 107.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., April 5, 1866.

the instructions

SIR: You are hereby detailed as a special agent of this department to proceed immediately to Davenport, Iowa, for the purpose of delivering to Mr. herewith having reference to the charge of Santee Sioux prisoners now at that place upon their proposed removal to Nebraska Territory. In case Mr. is at Davenport and ready to undertake the duties intrusted to him by these instructions, you will deliver them to him, when your duties will end; but if he is not at Davenport, or, being present, shall fail to accept and enter at once upon the discharge of the duties referred to, you will consider these instructions as addressed to yourself, and proceed to execute them to the best of your ability.

You will, as a special messenger of the department, be allowed your necessary travelling and other expenses, to be paid either upon presentation of your account, with memorandum of items certified upon honor, with such vouchers as you are able to procure, or as commutation for mileage at the usual rates.

Very respectfully, your obedient servant,

E. KILPATRICK, Interior Department.

JAS. HARLAN, Secretary.

On this 24th day of April, 1866, the above-mentioned Sioux Indians were placed in my care, under a military escort, on board the steamer Dora, ascending the Missouri river at St. Joseph, Missouri, by E. Kilpatrick, special agent of the Indian department.

JEDEDIAH BROWN,

Special Indian Agent. ST. JOSEPH, April 24, 1866.

$50. Received of E. Kilpatrick fifty dollars on account of services and expenses as special In dian agent.

JEDEDIAH BROWN.

No. 108.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,
Washington, D. C., May 19, 1866.

SIR: Having been appointed special agent of the Interior Department to supervise the removal of the Santee-Sioux Indian prisoners lately in military custody at Davenport, Iowa, I have the honor to report that, in obedience to instructions, I left Washington city on the 6th ultimo and arrived at Davenport on the 9th, and immediately had an interview with Lieutenant Mitchell, 3d United States infantry, military commander of that post, and under his charge, as commander of the escort, the prisoners, as well as some women and children, numbering in all 247, were on the 10th of April placed on board the Pembina and at once started for St. Louis. One of the Indian prisoners, named Iparte, who had been sick several days, died on the 11th of April, and was buried next day below Louisiana in the State of Missouri.

We arrived at St. Louis on the 12th, and on the next day the Indians were transferred to the steamer Cora, and a new military escort placed in charge, commanded by Brevet Major Dickey, 13th United States infantry. We remained in St. Louis until the afternoon of the 15th, and then started for and up the Missouri river, and arrived at St. Joseph, Missouri, on the 24th of April in the evening, at which time and place I was met by Mr. Jedediah Brown, special agent, to whom I delivered the instructions of the department, as I had been directed to do in the event of meeting such an agent, and transferred to him the supervision of the Indians. When I transferred the business to Mr. Brown, I paid him fifty dollars of the money advanced to me for expenses, and took his receipt therefor, which, together with his certificate of the transfer, is herewith returned.

In addition to the foregoing brief narrative of my connection with the business of removing these Indians, I take the liberty to add a few remarks in relation to them, founded on obser vation and information. I found the Indians much more intelligent than I had expected. Many of them can read and write in their own language, and have books for use in their religious exercises, prepared, as I was informed, by missionaries who had been laboring for their instruction. They held religious services regularly twice a week, which were con ducted in as good order and with as much apparent devotion as those of any religious assembly I ever saw.

During the transit the men were employed much of the time in making bows and arrows, pipes and other things for sale, and displayed mechanical skill which would be creditable to more cultivated people. The women were engaged in making various articles of beadwork. All seemed well pleased that they were once more to have a home where they could cultivate corn, beans, &c., and said they understood ploughing and other farm work and cutting timber.

I was informed by Lieutenant Mitchell that during the time the Indians had been under his care at Davenport they had been very quiet and orderly, and he expressed the conviction that they would remain peaceable when placed at their new home; and I am satisfied, from my observation of their conduct during the time they were under my supervision, that the opinion of the lieutenant is correct, and that they will not only be peaceable but industrious, and if their industry is properly directed by those having the oversight of them, they will soon be self-sustaining and prosperous.

I cannot leave this subject without expressing the gratification afforded by the courtesy and kindness of the officers commanding the military escorts, and their attention to the wants of the Indians.

Very respectfully, your obedient servant,

Hon. D. N. COOLEY,

Commissioner of Indian Affairs.

No. 109.

E. KILPATRICK, Special Agent.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., May 23, 1866.

SIR: I have the honor to acknowledge the receipt of your communication of the 22d ultimo, enclosing copy of resolution of House of Representatives relative to the reservation for the Santee-Sioux Indians, of townships 31 and 32, range 5 and 6 west, in Nebraska Territory, by President's order of February 27, 1866, and asking for a report upon the coudition of lands therein referred to.

In reply I herewith enclose a diagram of the reservation, showing the exterior lines of each settlement made therein, and a list of the settlers, with an alphabetical reference to their respective claims, also the area of each.

The total area of the reservation is 81,518.65 acres, of which 4,165.30 acres are covered by settlements; leaving vacant and unappropriated, 77,353.35 acres. I herewith return the House resolution.

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

Hon. JAMES HARLAN,

J. M. EDMUNDS, Commissioner.

Secretary of the Interior.

No. 110.

FARIBAULT, MINN., June 21, 1865.

SIR: I have the honor to report that I received my commission and instructions on the 12th instant, and, in obedience to these instructions, left for St. Paul on the morning of the 16th instant to confer with Bishop Whipple in reference to matters requiring early attention. On arriving at St. Paul I learned that the bishop resided here. Upon coming here, found the bishop absent from home, and I have been unable to see him until to-day; but in the mean time had conferred with Dr. Daniels and Mr. Alexander Faribault, and had visited the Indians here, and had seen their growing crops, and have since had an interview with Bishop Whipple.

As the result of these interviews and investigations I have to report that, immediately upon receiving your telegram that these people would not be removed this season, and that they should make a crop, Bishop Whipple procured of Mr. Faribault, free of charge, the use of some thirty acres of land for the season, upon which to raise a crop, and upon the same day procured the necessary seed, employed plough teams, set them at work, and caused the Indians to follow the ploughs with the seed; and thus, in the shortest possible time, the ground was planted. The crop consists of corn, potatoes, and garden vegetables, and, although from two to three weeks later than similar crops in the vicinity, they are looking well and promise to mature. Bishop Whipple has expended, in procuring plough teams and seed, as above, and in the purchase of some indispensable agricultural implements for the use of the Indians, as he informs me, a little over one hundred dollars. There are twelve families of these Indians bere, comprising sixty-five souls, fourteen of whom are men, some of them aged. They are all living in tents on the land of Mr. Faribault. At present they are almost wholly dependent upon him for subsistence. When he has work for them, which is only a portion of the time, they work for him, and he pays them wages, and when they need flour he lets them have it from his mill without any certainty of getting his pay. White people do not employ them. Mr. Faribault informs me that the ginseng season commences in July and continues into October, during which season they can do something towards obtaining a living. But even this resource is liable to fail them, as they are not allowed to dig on the land of white men, and Mr. Faribault's land has been pretty well dug over heretofore, and ginseng is of slow growth, and when the ground has been once dug over it requires several seasons to renew itself. On the whole, it is quite apparent that these people are now living upon, and must continue to depend in a great measure for some time to come upon the charity of Mr. Faribault (who cannot afford such liberality) or the benevolence of others, unless the government assists them. The neat and tidy appearance of their lodges, their attempts, with their scanty means, to keep up the show of civilized life in their deep poverty and destitution, are evidences that they have seen better days. They seem preeminently entitled to the kind, fostering care of the government. They have long since

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