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nation together, and hold a council in reference to the matter, and at the expiration of the time would bring them in, or answer to the contrary. The length of time required was granted him, and during the expiration of the time, he (Setanta) and his tribe went to Fort Dodge and effected a sale to the commander, which I have been informed he paid the amount of two thousand dollars for the delivery of the prisoners to him. By what authority he did it, I know not; but, however, I presume he does. I would most respectfully and urgently call the attention of the department to the fact that every prisoner purchased from the Indians amounts to the same as granting them a license to go and commit the same overt act. They boastfully say that stealing white women is more of a lucrative business than stealing horses. I think it high time that they were made to feel the strong arm of the government, which is the only thing that will bring them to a sense of their duty.

I have had considerable trouble suppressing the liquor trade among the Indians. Large quantities have been smuggled into the country and buried, and traded to them secretly. I have burst up the business of several of them, and at the present time I think there is but little of it done. My Indians have and still are behaving themselves admirably, and I have no fears of an outbreak if the Dog Indians leave them and go north, which I presume will take place in a few days. As soon as I give them their autumn annuities, they are to go to their bunting groand, one hundred and twenty miles south of the Arkansas, at which place they will remain until I send for them. I think about two-thirds of the Cheyenne nation are disposed to live up to the treaty, and the remainder, which compose the Dog Soldier Indians, are opposed to the treaty. "The Arapahoe Indians are all well disposed, and tell me they intend to live up to the treaty, and remain at peace with the United States if all the Indians of the Cheyenne nation should go to war; and I have confidence in what they tell me, as they appear to be very submissive. A large number of the Arapahoe nation are afflicted with those filthy, loathsome diseases, gonorrhea and syphilis, and gonorrhaal oph. thalmia. They learned I was a physician, and I was importuned upon every hand for medicine to cure them, until I sent and purchased a small amount of drugs out of my own funds, which has been the means of curing a large number of them. All of which is most respectfully submitted. I have the honor to subscribe myself your obedient servant,


United States Indian Agent. Colonel Thomas MURPHY.

No. 144.

Atchison, October 6, 1866. Sir: I have the honor herewith to transmit a letter from Agent Taylor, of the 1st instant, relative to the Dog Soldier bands of the Cheyenne Indians, in which it is stated that they have abandoned the region of the Smoky Hill country, and have gone south to join their tribe. I am afraid the good behavior of this band will last only until they have received their proportion of the Indian goods and presents which are now being sent to Fort Zarah. Very respectfully, your obedient servant,


Superintendent Indian Affairs. Hon. D. N. COOLEY, Commissioner, Washington, D. C.

FORT ZARAI, October 1, 1866. SIR : I have the honor to inform you that, since sending my report, the Dog Soldier Indians have been to see me about Smoky Hill road. In council with them I told them that it was nonsense in the extreme for them to contend against the road going through that country; that the Great Father at Washington had said that it must go through, and that it would go through, if it had to be done at the point of the bayonet, and that extermination would be the final result, of every Indian that would attempt to resist it ; and that I wished them to look at me as their friend, and listen to my advice ; that I would say nothing to them but what would be for their own good. I wished them to give up the idea of contending for the stoppage of the road, go south of the Arkansas river, remain with the tribe, behave and conduct themselves proper and right, and that the Great Father at Washington would use them well, treat them kindly, and care for their wants. I wished them to understand that I talked straight and positive, and they might depend upon it as being the facts in the case.

They remarked that my talk was different from any that had been given them before, and that they knew now what they had to depend upon, and liked me much for my frankness in expressing myself to them, and thought, perhaps, they would take my advice, but desired time to think and talk the matter over among themselves.

Since I had the conversation with them I have been informed by Little Rock (one of the braves, and a leader of a band) that the Dog Indians had come to the conclusion to give up the road and go south this winter with the tribe. I have the honor to subscribe myself your obedient servant,


United States Indian Agent. Colonel THOMAS MURPHY.


No. 145.

Lawrence, Kansas, September 30, 1866. SIR : In July last letters were addressed from this office to all the Indian agents within this superintendency, copies of which are enclosed, directing them to forward their annual reports by the 13th of September, and up to this dite no reports have been received.

In August, 1865, I was appoiu ted by the President a commissioner to negotiate treaties with certain Indian tribes, and immediately after making my last annual report was ordered to Washington, where I was detained, by order of the Interior Department, until in September instant.

My duties as commissioner have prevented me from visiting the Indian tribes at their homes, and cannot, therefore, from personal observation, give you such information as to the condition and wants of the several nations and tribes as I would be glad to, and baying received no reports from the agents who are in direct communication with the Indians, I have not the means of furnishing that information usually and properly embraced in the annual reports.

Às far as I have been able to learn, the Indians are generally returning to their former pursuits before the late war, and many of them put in crops, but a portion will not raise a sufficient amount of produce to prevent suffering.

The Indians embraced in the Wichita agency, are probably the most destitute, and unless some relief is furnished, they must suffer the horrors of both hunger and cold, as they are greatly in need of subsistence and clothing.

I would suggest the importance of promptly complying with the treaty engagements of the government with all the Indian tribes, furnishing all the facilities necessary to re-establish schools and to encourage agricultural pursuits.

With proper assistance and encouragement all the tribes within the Southern superintendency will not only become self-sustaining, but independent, and ultimately wealthy.

I exceedingly regret that, upon my return to these headquarters, I did not find from the agents such information and statistics as would have enabled me to have given you a full and complete report.

Owing to the delay in negotiating treaties, no material changes in the status and con. dition of the Indians in the Southern superintendency have occurred since my last annual report. Very respectfully, your obedient servant,

ELIJAH SELLS, Superintendent of Indian Affairs, Southern Superintendency. Hon. D. N. COOLEY,

Commissioner of Indian Affairs.

No. 146.


Office Indian Affairs, March 21, 1866. Sır: I have the honor to acknowledge the receipt, by reference from your department, of a request from Hon. B. F. Wade, chairman of the Committee on Territories of the United States Senate, that that committee may be furnished with information relative " to

the unanimity of sentiment among the Indians therein resident, in relation to the organ ization of the proposed Indian territory, and also the population of said territory, with the probable number of such population who are in favor of and against the proposed Territorial government."

In reply, I have the honor to state that the basis of the information in possession of this office upon the subject is the frequent expression of opinion made by leading men among the several tribes when in conference at Fort Smith, Arkansas, in September, 1865, when the proposition referred to was first submitted to the Indians.

By conference with the representative men of the tribes who have for several weeks been present in this city and through their agents, this office is convinced that the sentiment in favor of the project having in view the same end as the organization of territorial government has been constantly gaining ground.

The present population of the Lodian country is estimated, from the best sources at command, as follows: Cherokees.....

17,000 Choctaws and Chickasaw)........

29,000 Seminoles ...

2,000 Creeks ...

14, 396 Wichitas and affiliated bands....

2,300 Quapaws, &c. .....



of the above a sufficient expression of sentiment has been obtained from the Cherokees, Choctaws, Chickasaws, Seminoles, and Creeks, and the Quapaws and others of the Neosho agency to authorize this office to judge of their sentiment in regard to a territorial government, and to state that while they do not favor that proposition, they are willing to adopt provisions which will, doubtlees, lead to such a result in the form of a general council, as described and provided for in articles of the treaties now being negotiated, and which articles, it is expected, will be assented to by all of the tribes and hands treated with.

I herewith transmit a copy of the proposition last referred to, which has already been assented to by the Creeks and Seminoles, and is favorably thought of by the Choctaws and Chickasaws, and by that portion of the Cherokees who took part in the rebellion, numbering some 6,500. In this proposition the Wichitas and affiliated bands, and the Quapaws, &c., will readily concur, and the Shawnees of Kansas, who propose to remove to the Indian country, have already agreed to it, as will also the other Kansas tribes whom it is proposed to remove thither.

Tbe so-called Loyal Cherokees, numbering about 10,500, do not consent as yet to either the Territorial proposition or the other, as described in the accompanying paper ; but it is hoped that, upon further reflection, they will consent to a policy which is deemed to be so clearly calculated for their benefit.

The Iudians are thus seen to be, by a large majority of those now resident in the country, opposed to a territorial policy, but in favor of a council whose operations will gradually lead them up to that policy, in the proportion of about 48,000 to 10,000. Very respectfully, your obedient servant,

D. N. COOLEY, Commissioner. Hon. JAUES HARLAN, Secretary of the Interior.

No. 147.


Fort Smith, Arkansas, January 5, 1866. SIR: I have the honor to report that, pursuant to instructions from you, of date November 20, 1865, I have visited the following tribes of Indians, in the Indian territory, which formerly held slaves, viz: Seminoles, Creeks, Cherokees, and the loyal portion of the Chickasaws, under Lewis Johnson, and my report is made out and forwarded at this time, be. fore visiting the Choctaw and Chickasaw nations, for the reason that as the condition of the freedmen in these nations requires the immediate action of the government, there should be no delay on account of any failure of mine to make an early report. The freedmen are the most industrious, economical, and, in many respects, the more intelligent portion of the population of the Indian territory. They all desire to remain in that territory upon lands set apart for their own exclusive use.

The Indians who are willing that the freedmen shall remain in the territory at all, also prefer that they should be located upon a tract of country by themselves. This question has been canvassed much by the freedmen and the Indians, and the freedmen have come to the conclusion that they are soon to be moved upon some tract of country set apart for their exclusive use, and hence are not inclined to make any improvements where they are, or do any more work than is absolutely necessary for their immediate wants.

The spring or warm season commences early in this country, and farmers and planters ordinarily commence ploughing and planting as early as the 1st of March. Hence you will see that it is of the most vital importance that if lands are to be set apart for this popula. tion it should be done at once, and if not they should be so advised immediately, so that they will be induced to make other arrangements. Most of these freedmen bave ox teams, and among them are blacksmiths, carpenters, wheelwrights, &c. The sentiments, prejudices, &c., on the part of the Indian nations towards the freedmen at present are as follows, viz :

The Creek nation look upon the freedmen as their equals in rights, and have, or are in favor of, incorporating them into their tribes, with all the rights and privileges of native Indians. The Seminoles entertain the same or nearly the same sentiments and feelings as the Creeks.

The Cherokees are divided in sentiment. A portion, and not a very small portion, think the government should move the negroes from their country, as it has freed them ; while a portion, including the principal chief, Downing, are in favor of having them retained in the nation, and located upon some tract of land set apart for their exclusive use ; and Col. onel Downing says that this policy will obtain in the nation, and that civil rights will be accorded to the freedmen before a great while

The Choctaw nation is divided in sentiment, but the preponderance of sentiment is strongly against the freedmen, and a violent prejudice exists against them in that nation, which time alone will overcome. The public men and council acknowledge a change in the relations of the former masters and slaves, while a large portion of the people do not admit any change in these relations, and their action and treatment towards them is much the same as formerly, except in instances where the freedmen are driven away from their former homes by their masters. One freedman bas been killed at Boggy depot by his former master, and their are rumors of several other cases, and no action has yet been taken by the government to punish the party guilty. As indexes to the feeling in the Choctaw nation, I enclose copies of laws passed by the pational council, in October last, marked Exhibit A, and a letter of date of January 1, 1866, from N. Folsom, one of their prominent meo, marked Exhibit B. My own conclusion is that the public sentiment of this nation in regard to the freedmen is radically wrong at the present time.

The Chickasaw nation is still holding most of their negroes in slavery, and entertain a bitter prejudice against them all. They have provided by law for the gradual emancipation of their slaves, and exclude all from the nation who left it during the war. In other words, all negroes who left the country and joined the federal army are prohibited from returning. This is also true in the Choctaw nation It is reported to me by the chief, Lewis Johnson, that Governor Colbert stated to many people, and publicly, before leaving for Washington, that they should hold the slaves until they could determine at Washington whether or not they could get pay for them, and if they could not then they would strip them naked and drive them either south to Texas, or north to Fort Gibson. So bitter is the feeling against the return of the negroes that have been in the federal army, that Major Coleman and myself have concluded that it is not safe or advisable for Lewis Johnson and party to return until troops are stationed at Arbuckle. At the request of the Indians I enclose paper, marked Exhibit C, showing what terms the loyal Indians demand of the disloyal before living with them again.

Many negroes have been shot down by their masters in this nation, and the government has taken no steps to punish the guilty.

My conclusion is that nothing can be done to ameliorate the condition of the freedmen in the Choctaw and Chickasaw nations until there is a proper military force stationed at Boggy depot, Forts Lawson, Washita, and Arbuckle, and that my advent there at the present time, to carry into effect your instructions, would be the cause of much excitement, while nothing would be accomplisbed, and insults and disgrace be likely to follow.

The first step towards the accomplishment of anything for the freedmen of those nations, or even towards enabling the loyal Indians to return with the freedmen associated with them, is the garrisoning of the military posts. It is possible that much more might have been done to change and correct the public sentiment of these nations if all the federal officers brought in contact with them had been decided in their own ideas that these classes were free, and endeavored to impress their views upon the Indians. But with the public sentiment and law of these nations as it is, and the most prominent of the public men absent, I am certain that nothing can be accomplished more than to commence the correction of public sentiment, which I have endeavored to do by circulars, herewith enclosed, marked

Exhibit D, and which the agents will circulate and explain throughout their respective tribes.

The condition of public sentiment throughout these two nations is no cause for delay on the part of the government to make provision at once for the freedmen of all the tribes, to go upon tracts of country set apart for their own exclusive use, which is so much desired by the freedmen and all loyal Indians. There are two practicable methods of doing this. The first and most desirable is by treaty stipulation with the respective nations in the treaties about to be concluded at Washington. The second is by congressional enactment, carried in to effect as Congress shall provide.

There should be set apart a tract large enough to give a square mile to every four persons, as there is much waste land in the nation.

The tract or tracts of land should be the most fertile in the territory, as the freedmen are the principal producers, and should in all cases touch either the Arkangas or Red river, so that the crops could be run out on flat-boats. Reference should be bar to timber and prairie as well as bottom and uplands. Persons not freedmen, living row upon lande so set apart, should be allowed the option of remaining or having the improvements appraised by three disinterested parties, and receiving the appraised value of the same from the government. Sixty days from the passage of the act or approval of the treaty should be allowed such party to signify his choice to the proper officer.

Provisions should be made for the survey of such tracts, at the earliest time practicable, into sections, &c., and the freedmen over eighteen years of age allowed to enter three hundred and twenty acres of the same under the homesteal law, or by scrip provided for the purpose, without power of alienation during the life of the party entering the same, or for a definite term of years.

When the tribes know that this policy and course is determined upon by the government they will, in my judgment, submit to it without any open resistance, perbaps without a murmur; and the freedmen will rejoice that at last they have a prospect of a permanent home for themselves and their children.

The freedmen of the Seminole and the Creek tribes believe that the national laws and customs of their tribes are sufficient for their protection, while the freedmen of the other tribes all feel, and say they know, that there is no security or protection for them, either in person or property, without some power or government superior and above that of the In. dian nations to which they belong. These views of the freedmen are, in my judgment, correct, and the territory should either be organized into a military district, with martial law in full force, and fully enforced, with a good executive commander who would supervise everything, or a territorial goveroment should be organized to execute the laws.

All the Indian tribes are unanimously opposed to the erection of a territorial government; bat such a government, or a military government, is imperatively required by the situation. It cannot be expected that any government would leave ten or twelve thousand of its citizens as the freedınen of the Indian territory now are, while within its own borders, without any government, or without the full protection and benefits of its own laws and institutions. To hand them over to the laws and customs of the Indian tribes would be extraordinary and anomalous.

All lands set apart for the freedmen should, whenever practicable, be located east of the diuety-seventh degree of longitude, as the drought is usually so severe west of that as to render the maturity of the crops very uncertaio. With lands set apart for the freedmen of the Indian nation, and the freedinen located upon them, and a government, military or civil, organized and executed for their protection, they will, beyond doubt, soon become an industrious, intelligent, and happy population. All wbich is respectfully submitted. I have the honor to be, very respectfully, your obedient servant,


Brevet Major General and Commissioner. Hon. James HARLAN,

Secretary of the Interior.

No. 148.

Forl Smith, Arkansas, January 27, 1866. Sir: I have the honor to report that I have just completed my visit and tour through the Choctaw and Chickasaw nations, and beg leave to submit the following as additions to, or modifications of, my report of date January 5, 1866.

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