No. 133. WASHINGTON, D. C., May 23, 1866. SIR: I desire to submit, for your consideration, the following statement in relation to a faction of the Sac and Fox Indians, headed by Maw-mew-wah-ne-kah, and now living in Iowa. It is represented to me by the chiefs in council of the Sac and Fox nation, that at the time of the allotment of lands in severalty under the treaty of 1859, this man was a chief; that he was opposed to receiving lands in severalty; that he refused to be enrolled for that purpose; that so far as his influence extended he prevented other Indians from being enrolled, and to the full extent of his power hindered and impeded the execution of said treaty. For this contumacious conduct he was, as I have reason to believe with the approval of the government, removed from his chieftainship by Major Hutchinson, at that time agent for the tribe; and thereupon, with some five or six lodges whom he induced to follow him, he left his people in Kansas and, without the consent of the agent or other proper authority, went to Iowa, where he has since continued to reside. The Sacs and Foxes are now and ever have been willing that he and his followers shall reside with them at their reservation and enjoy a full and complete participation in all the benefits resulting from their tribal organization and treaty relations with the United States. They are not, however, willing that these benefits shall be extended to them while they refuse to reside with them and persist in living apart from them, for the simple and sole reason that as a people they are willing to observe their treaty stipulations with the government and conform to the policy adopted by the United States and believed to be conducive to their best interests. They believe that any recognition on the part of government of this lawless and disaffected faction or any division of their funds for their relief, or as a contribution to their support while they continue apart from the tribe and refuse obedience to lawful authority as enjoined by treaties with the United States, is only calculated to promote and foster a spirit of disobedience, disaffection, and insubordination among their people, weaken the authority of their agent, encourage the disintegration of the tribes, and is promotive of no good end whatever, either to the people remaining upon the reservation or to those who are thus, in utter disregard of their treaty stipulations, separated from them, and, as they believe, leading a life of vagabondage among the whites, making themselves a nuisance in the neighborhood where they reside, and, so far as in them lies, bringing disrepute and disgust upon the whole Indian race. Whenever, as has frequently been the case, any of these stragglers have returned to the reservation at the time of the enrolment which is made preliminary to an annuity payment, they have invariably been enrolled without the slightest objection so far as I know on the part of the tribe, and have received their full share of the annuities, and there is not to-day, nor has there ever been, any obstacle or objection in any quarter to their return to the tribe, and to their full, free, and complete participation in all respects in every benefit and advantage to be derived under their treaty or in any of the laws, customs or usages of the tribes. Since my arrival in this city I have learned that some five thousand dollars of the tribal fands have been diverted to the use of these lawless Indiaus. Believing that this must have been done without accurate knowledge of the circumstances under which they have separated and are living apart from their people, and that to thus recognize Indians who are living in obstinate and continual disregard of law, and this at the expense of a people who are faithful to their treaty stipulations, can subserve no good end, and its influence upon the Indians upon the reserve tends only to promote and encourage disaffection and insubordi. nation. An honest desire on my part to faithfully discharge my duties to the Indians under my charge impels me to protest, and I now respectfully and most earnestly do, against any division of the tribal funds for the benefit of those who, as I believe, are utterly unworthy, and without any just claims thereto. Very respectfully, &c., Hon. D. N. COOLEY, Commissioner of Indian Affairs. H. W. MARTIN, United States Indian Agent. No. 134. To the Secretary of the Interior, Washington City, D. C.: We, the undersigned members of the band of Chippewas, of the county of Franklin, and State of Kansas, would most respectfully submit for your consideration the following questions, and would ask you to give us your opinion thereon at the earliest day possible, to wit: Whereas a difference of opinion has arisen between the said band of Chippewas and the band of Christian or Munsee Indians upon their treaty of July, 1859 First. After all the selections and assignments are made, the balance of the lands belonging to said Chippewas are to be sold, and for whose benefit? Second. Is the twenty thousand dollars belonging to the Christian Indians in the hands of the government; and is the three thousand dollars received by the said Chippewas from the Christian Indians, and the six thousand dollars received from the government, and the proceeds of the sale of the Chippewa lands, and the several amounts before enumerated, to be united and become a common fund between said tribes of Indians? Third. Are the said Chippewas and Christian Indians, under said treaty of July, 1859, regarded by the government as being one band of Indians? Done in council this 16th day of July, A. D. 1866. ESHTOWEQUIT, Chief, his x mark. his x mark. his x mark. his x mark. SIR By reference from the Hon. James Harlan, Secretary of the Interior, the following communication from Eshtonquit and others, members of the band of Chippewas in Franklin county, Kansas, assembled in council, has been received at this office, to wit: (See letter above.) You will please make known to Eshtonquit, and the others signing with him, the following answers to the interrogatories propounded by them, which are so numbered as to correspond to those interrogatories, to wit: 1. After all the selections and assignments are made, the balance of the lands belonging to the Chippewas, under the treaty of May 9, 1836, are to be sold, and the proceeds, by article two of the treaty of July 16, 1859, "shall be regarded as belonging to the aforesaid band of Chippewas," but, by article three, such proceeds, together with the residue of the Chippewa funds, are to have mingled with them the balance of certain funds of the Christion Indians, "and the moneys so mingled shall constitute a joint fund, subject to the direction and control of the Secretary of the Interior." And article 3 further provides that a portion of such joint funds shall be expended in certain ways, for the benefit of said united band of Indians, and that the residue, after deducting certain expenses shall be invested in safe and profitable stocks," the interest of which shall be applied, under the direction of the Secretary of the Interior, for various objects connected with the general prosperity and advancement of the aforesaid bands of Indians in the arts of civilized life." It appears evident, from the use of the terms bands and united bands, that the proceeds arising from the lands sold, although they were to be "regarded as belonging to the Chippewas" were really a part of their contribution to the "joint fund" and as such were to be expended for the benefit of both the Chippewa and Christian Indians. 2. The funds belonging to the Christian Indians, the three thousand dollars paid by them to the Chippewa Indians, and to the six thousand dollars paid to the Chippewa Indians by the government, have all been consolidated into one common fund, known as the trust fund of the Chippewa and Christian Indians, and after deducting the sums expended for school-house, church building, and blacksmith shop and necessary fixtures," the balance has been invested in stocks of the following character and par value : To this sum may be added the cash now on hand arising from proceeds of sales of Chippewa lands, of March 24 last.. Former balance, "proceeds of lands" Total...... This sum is yet to be invested in "safe and profitable stocks." 2,241 84 13 28 2,255 12 3. By article first of the treaty of 1859 it is declared that the "aforesaid," that is, the Chippewa and Munsee "bands of Indians are hereby united for their mutual advantage as berein" (therein) "indicated " The union indicated in the treaty consists in the equal rights of the individuals of either tribe in the allotments of land to be made, and in the holding of the balance by the reduced reservation in common, as provided for in article one. It also consists in sharing in common, under the provisions in article three, the benefit of the funds to be expended for "school-house, church building, and blacksmith shop and necessary fixtures," and the benefits of the interest accruing from the investment of the remaining funds in safe and profitable stocks. The two bands also have the same agent. It appears, therefore, that, in these several respects, the Chippewa and Christian Indians are regarded by the government as being one and the same band of Indians. Whether they are to be so regarded in other respects the treaty does not determine, and probably is not within the scope of the interrogatories propounded by the Chippewa council to ask. Trusting that these answers may prove satisfactory to all the parties concerned, I am, very respectfully, your obedient servant, THOMAS MURPHY, Esq., Sup't Indian Affairs, Leavenworth, Kansas. D. N. COOLEY, Commissioner. No. 136. OFFICE SUPERINTENDENT OF INDIAN AFFAIRS, SIR: I have the honor to inform you that, in obedience to instructions of your letter of 11th ultimo, I have visited the Sac and Fox agency, and paid the Sacs and Foxes their annuity. I arrived at the agency in the night an the next day sent out messengers for the Indians to come in. About noon of the same day I held a council with the chiefs and councilmen of the tribe, at which council I informed them what I had come for and how I intended to make the payment; that I would pay a portion of debts they had incurred on orders, and a portion direct to them, and wished to know their wishes on this point. Whereupon head chief Keokuk informed me that the clothes they wore and the food they had eaten were got from the traders; that they owed for them still; that they were just debts, and ought to be paid; and requested me to pay off al! the orders. In this the other chiefs and councilmen unanimously coincided. I told them that I could not do this; that I had special instructions in relation to making this payment, and that I would have to obey them. I found, from an examination of the traders' books and consultation with the agent, that he, the agent, had issued orders to all these Indians to the amount of twenty dollars each. So far as I could ascertain from an examination of the traders' books, everything seemed to be fairly done; in dealing with the Indians the prices charged being about the same as that charged for similar articles on the Missouri river, transportation added. After carefully examining everything pertaining to this question, and taking into consideration the desire of the chiefs and counsellors to pay off all these orders, I decided to pay three-fourths of the orders, and pay direct to the Indians one-fourth. On the next morning, about eleven o'clock, the Wild band, led by Mo-ko ho-ko, assembled on the heights above the agency, all being mounted, and, with their banners flying and drums beating, marched down to the agency. After a general shake-hands and a wardance, which they insisted on giving, I informed them what I was there for, and also as to how I proposed to make the payment, which they all agreed to. I then commenced paying, and concluded by dark that day. Some of the Indians, on receiving that portion of their annuities in money, handed it over to the traders, saying it did not belong to them, while the larger portion of the Wild band kept what they got, saying they needed it now for their families, and when they were paid in the fall they would pay the traders; this I have no doubt many of them will do. It being late when the payment was concluded, and many of the Indians having to go some twelve miles to their homes, they requested that I would remain until noon the next day; that they would return by that time, and wanted to have a talk with me in relation to their business on the reserve. Of course I remained, and the next day at noon met them again in council. They said they had been told by white men, some of whom speak their language, many things which made them very uneasy. Some of the things told them were that their agents and chiefs were to be removed; that their head chief was to be a white man; that these and many other stories had been told them, and that the parties who had told them said they had letters from the honorable Commissioner of Indian Affairs which said all these things were true; that their young men believed these white men, and that it had caused bitter quarrelling and divisions among the tribe, and had almost lead to war among themselves. 1 explained all these things to them, and gave them good advice how to act in future. When we parted they expressed themselves as glad that I had come, and promised to live more agreeably among themselves in future. Such is briefly what was said and done while I was with these people. They are, as a tribe, the most intelligent Indians I have yet met, and I believe as a general thing mean to do right. I find among them the same differences that exist in all the tribes in Kansas; the chief councilmen and others siding with the agent in sustaining schools and trying to have their children educated, teaching others to cultivate farms, &c., and to advance, if possible, their people in civilization. These are always opposed by the wild portion of the tribe, who think anything tending to civilization is an innovation on the Indian customs and a useless expenditure of money. This tribe are trying to educate their children, and seem to take considerable interest in their advancement. Having no treaty provisions for school funds, they take out of their annuities each year a small sum for this purpose, and the chiefs are very desirous that the department would sustain them in this good work. All of which is respectfully submitted. Very respectfully, your obedient servant, Hon. D. N. COOLEY, Commissioner of Indian Affairs. THOMAS MURPHY, Superintendent of Indian Affairs. No. 137. KANSAS AGENCY, COUNCIL GROVE, SIR: I have the honor to submit the following report of the condition of the Kansas trite of Indians for the year ending with date. Immediately after the payment in September, last year, the Indians began to go into the buffalo country, and by the 1st of November there were but few left at home. These few obtained a very precarious support. Those among the buffalo lived well and were generally healthy. It is estimated that they killed three thousand buffalo, and obtained nearly as many robes, which brought an average of seven dollars, yielding an income of twenty-one thousand dollars, in addition to the meat and tallow. They sell, during the winter, enough to buy their groceries and dress, and sell the balance in the spring, and thus support themselves while putting in their crops. They carry on a considerable traffic with the western Indians in horses, which they sell to the whites, and thus support themselves in the summer. This traffic amounts to not less than fifteen thousand dollars per year, two-thirds of which is profit. Farming among them this year has been successful, and some few take considerable interest in their work. I think there is an increasing disposition with some men to do their part of the work. The accompanying report of the farmer will acquaint you with the results of this branch of the efforts to civilize the tribe, and render it industrious and self-supporting. The school, which has been under the care of the Society of Friends, will be closed on the 15th instant. This effort to educate the Kaws has been a failure. The letters which I have written you on this subject, during the past spring, sufficiently indicate my views of the cause. I would respectfully refer you to my letters of April 9 and May 18. Whoever succeeds with this tribe must be thoroughly imbued with the missionary spirit. Religion and its handmaid, education, cannot be separated with reasonable prospect of success. Men in other offices may theorize to the contrary, but a few years' actual contact with savages will suffice to show the fallacy of many plausible theories. Whenever the school is resumed, it should be done on such a liberal scale that the scholars may be better clothed, better fed, and better cared for in every respect than the children at home. Then the contrast will show the superiority of civilized over savage life. Simultaneous efforts should be made to Christianize the adults, otherwise the scholars, very soon after leaving school, will return to heathenism with greater capabilities of evil. The old men of the tribe see this tendency, and remark that the young men who have been to school are the worst in the tribe. The accompanying report of the teacher and superintendent will show the number of scholars and other information. The small amount which last year was granted for medicine and medical attendance, has been the means of saving some lives. A still more effective and economical method will be for the agent to keep a supply of medicine at the agency, and distribute them himself. One of the chief obstacles to the improvement of this tribe is intemperance. The Santa Fé road passing their lands, whiskey is obtained in large quantities from trains, especially Mexicans, who are frequently supplied with kegs of whiskey for Indian trade. many other sources of supply. The profits of this trade are so great, the difficulty of conviction for the crime, and the trivial penalty, in case of conviction, which our courts inflict, are all inducements to engage in the traffic. The courts treat this violation of law so lightly that there is little encouragement to agents to attempt to bring the guilty to trial. There are As a general rule, whoever looks for much improvement among such a people in a single year, will be disappointed; yet I may safely say that, during the time I have been with them, there has been some advance, and now I think they respect the rights of property of white men as much as white men respect theirs. During the year a considerable number of horses have been stolen from the Indians by white men, a few of which I have recovered. I am satisfied that the condition of this tribe would be improved if they were moved farther south, and greater facilities furnished them for farming and stock raising. About a year ago the young men who were in the army were honorably discharged; since that time their conduct has been far better than was anticipated. Some were decidedly improved by their army experience. The steam saw-mill belonging to this agency is fast going to ruin from disuse, and cannot now be sold for one-fourth of what it would have brought three years ago. Very respectfully, your obedient servant, Colonel THOMAS MURPHY, Superintendent Indian Affairs, Atchison, Kansas. H. W. FARNSWORTH, No. 137 a. FRIENDS' KANSAS MISSION SCHOOL, 9th month 10th day, 1866. RESPECTED FRIEND: In compliance with thy request, we make our annual report. There has thirty-three Indian children attended the school more or less the past year. Twenty-two of them attended quite regular through the winter, while the Indians were out on their hunt, but on their return in the spring, the children visited their relatives and returned, but in a short time wished to go home again, and in some cases left without our consent, and, as it was more agreeable to them to live an idle life, they did not wish to return, and, as their relatives generally felt but little interest in having the children educated, they were allowed to remain at home. Others were taken home to assist about ploughing and planting. Thus our school was reduced to about half the number that it was through the winter. We made considerable effort to get more children to come to school, but there was not enough interest in having their children educated to prompt them to keep them in school regular, but as they become more civilized this interest will increase. We think that there has been some improvement in this tribe in the past nine years, and we hope to see more in the future. Civilization is a very gradual work, and we should not become discouraged if the great work moves slowly on. We have not been unmindful of the great importance of giving religious instruction both to the young and old, and have endeavored to embrace all suitable opportunities of giving such instruction I will enclose in this our teacher's report for the past six months. RESPECTED FRIEND: With this date closes my six months' term in this school. I have twenty-five names enrolled. Of these twelve can read-one in the Third Reader, five in the |