It would be well for traders to read Indian disclosures, so as to avoid the odium hereafter of having fraud attached to their names.

Our intercourse with all these tribes during these months of sojourn among them, and the knowledge also acquired by some of us years before in our official relation with them, convince us of their general desire to do as the Great Father desires them to do. They understand their natural rights, and only resist their encroachment as their security from extermination. In their system of social government they enjoy freedom, equality, and fraternity, perhaps more than any other people. There is some jealousy among them, but they neither quarrel nor fight in their families or villages. During the months that we have had daily opportunities to see their domestic habits, (for they always keep their families with them,) we never saw a quarrel or blow among children or adults. It is our conviction, therefore, that these prairie tribes are not anxious for war, but opposed to strife, and only want a full knowledge of the government's wishes, and a fair way opened for their adoption, to secure any rational or reasonable policy the government may desire.

NATURE AND GENERAL OBJECT OF OUR TREATIES.

All our treaties have a similar outline, although in some details they differ to suit special localities and particular tribes. Our first aim has been to establish peace, a stipulation with which they always expressed themselves delighted, except so far as it related to their ancient Indian hostilities. It was for many weeks always a debatable question as to our being actually commissioners from the President, whom they regard as their Great Father, possessing all power. But they complain of having been often deceived by emissaries pretending to be agents of their Great Father, and they showed us many papers given them which display egotism, arrogance, or contempt, well calculated to disappoint and deceive the Indians, and deserving the reprehension and penal inflictions of our government. Even the silver medals distributed by government, as tokens of regard and an emblem of power, have been counterfeited, and miserable block tin imitations have been distributed by the traders, thereby arrogating to themselves special official connection, through their license and their medals, with the Great Father. And as a further evidence of this false use of their veneration for their President, they often spoke of their diligence and success in procuring robes and furs and loading great steamboats, which they had sent out of their country with messages to their Great Father; but they had received no returns.

Peace they all desire; but confidence can only be secured by a more faithful, vigorous, and efficient administration of Indian affairs. Peace, as understood by Indians, these tribes evidently design to maintain. The chiefs will also do all in their power to prevent trespass or robbery; but among Indians, as among white men, there are some lawless characters, and the chiefs cannot guarantee perfect security to persons and property. Neither should property be left, as it was at Union last year, and as it has been at Sully recently, exposed to seizure almost without resistance or the hope of detection, and inviting rogues to the venture. The rights of property need guarding everywhere; and in countries where there are no constables or courts, some other power should protect it. Stock, especially, is liable to be stolen, although, since our treaties last fall, the starving Indians about Fort Rice, Sully. and elsewhere, have not been guilty of trespass in this regard, although abundant occasion and actual starvation were inducements. Yet it must not be supposed that peace means perfection, and our treaties contemplate some remedy for trespass, by providing for payments which are to be retained from their annuities.

Peace, with tribes who are at peace with us, is provided for, except in cases of self-defence; but horsestealing warfare is so inherent among some tribes, that only partial success is apprehended. If, as General Harney proposed, each chief had a few Indian soldiers, armed and equipped, and subject both to the chief and our military and civil officers, such breaches of the peace could be restrained. The chiefs, however, will try to maintain this clause of the treaty, and the proper partial assistance of government will ultimately secure success. The treaties have a provision intended also to restrain horsestealing, which provides for indemnity by compensation out of the annuity.

RIGHT OF WAY FOR ROADS.

This proposition has been the most difficult to secure. They say, with evident sincerity, they would like to accommodate this demand, but it seems to them sure to scatter and destroy the game, which is their sole dependence.

As to the Platte route and the Missouri river, they yield these great lines with some regret ; but many of the chiefs signed the treaties with strong protests against intermediate lines, which would bisect the angle of these two rivers. In our treaties last fall, the general clause for a right of way was inserted, but some of the commissioners did not then perceive any immediate necessity of other intermediate routes, as those by the Running Water, the Cheyenne, or the Yellowtone; and, in procuring the signatures of some of the chiefs, the probable delay of such an intermediate route was expressed to the chiefs. Some of your commissioners, therefore, objected to the movement of troops up the Cheyenne this season as likely to give offence to chiefs and tribes occupying the country between the Platte and

the Yellowstone, insisting that here, in the region of the Black Hills, where they congregate in winter, and occupy the numerous valleys of streams heading in those hills, they must resist our encroachments, as it seems the only region unmolested by our people, and therefore their only remaining buffalo hunting grounds. West of the Black Hills, on the Powder river and Big Horn, the northern bands of Cheyennes and Arapahoes mingle with some of the wildest bands of the Ogallallas and Oncpapas, and some of these, as other tribes inform us, will not peaceably submit to our intrusion or occupation. We therefore apprehend danger to travellers who attempt to pass through by Powder river or elsewhere between the L'eau qui Court and the Yellowstone. It is, however, a country which seems to invite adventure; and lines of travel, especially one by the Cheyennes, are earnestly advocated, and probably will be a near, if not the nearest, route from Virginia City, in Montana, to our regular frontier settlements. The route from Laramie by the Powder river and Big Horn, is also, in connection with the advancement of the Pacific railroad, destined to become a most desirable way. But before these routes between the Platte and the Yellowstone are established and occupied by our people, justice to the Indians and safety to the whites, in our judgment, require some arrangement in the form of compensation to those tribes of Indians that now depend on the game of that country for their clothing and subsistence. It seems, indeed, hard to find, in the vast unsettled regions of which we write, where the encroaching scattered miners and white adventurers seem willing to allow Indians to live unmolested.

Neither do existing laws or regulations seem to have any restraint in the diffusion of whites over Indian country, especially if gold is supposed to exist in any appreciable quantities. Even science, without much regard to treaties which promise a security against all explorations, finds devotees, who venture to penetrate the sacred region of the Tetons, hazarding their own lives, and involving government in apparent disregard of treaty obligations.

In the course of our observations we found a kind of trade being opened from St. Paul, Minnesota, via Forts Wadsworth and Berthold, to the various towns of Montana. Three trains passed us on this route, and it seems so well adapted to a great line of travel that we made special efforts to secure the peaceable passage through the adjacent tribes. It seems likely that a route following up the Missouri on the east side of the river will hereafter also become a great highway. This last route and that from St. Paul would unite at the salient bend of the Missouri, some twenty miles below Berthold. To support the river and overland travel, white settlements will be necessary; for it is quite impossible that teams, stages, and steamboats should travel thousands of miles successfully without occasion for such rests and repairs as whites alone could accommodate.

Indeed, the production of vegetables and other articles of food, easily produced in the river valley, seems absolutely necessary to the comfortable and economical support of the commerce which is now rapidly accumulating on those northwestern lines to Idaho and Montana. Taking these views of the necessity of some development of the Upper Missouri country as the great highway to the increasing mineral settlements of the northwest, and in harmony with the general instructions emanating from your department, we obtained from the Indians the Arikarees. Maudans, Gros Ventres, Assinaboines, and Crows-not only a right of way through their possessions, but also cessions of lands at such points as seemed to us especially necessary for settlement and cultivation. The cession from the Arikarees, Mandans, and Gros Ventres, who inhabit the country about Fort Berthold, cedes the country on the east side of tthe Missouri, from old Fort Clark to Snake creek or river, being about forty miles long and twenty-five miles wide, and including the salient point of the river which is nearest to Devil's lake, Pembina, Lake Superior, and the upper settlements of the Mississippi. There is a good showing of coal on this land, the quality of which seems very uncertain, but if at all capable of being made available as fuel, will be of great value to commerce in a country where wood is extremely scarce. There is also on this land, as elsewhere along the upper Missouri, considerable timber; far more than grown on the Platte, Upper Arkansas, and other streams west of the 96th meridian. The soil, coal or lignite, and timber, united with the exorbitant prices paid for everything in that region, will probably invite settlements at this natural junction of commercial lines, so as to accommodate them, and ultimately advance the development of the northwest prairies.

We also secured the right of way and a cession of lands at the junction and between the Missouri and the Yellowstone, including the old trading post known as Fort Union. This cession is to accommodate a double line, one following the Missouri to Benton, and the other following the Yellowstone to Virginia City. Both these lines are being opened, and the distance between the Montana settlements seems to require them. The two routes involve the necessity of a river crossing, and special accommodations. The Yellowstone is far the largest tributary of the upper Missouri, appearing to the eye almost equal to the main river. Navigation, therefore, at this junction of the two rivers is likely to be interrupted at lowwater, so as to require overland, and small boat substitutes for the larger crafts that can always ascend to the junction. The changes and delays incident to this point involve & necessity for storehouses, machine shops, and actual settlements. All the arguments favor ing such a combination at the point previously mentioned, also appertain to this point at the mouth of the Yellowstone.

There is also more timber and cultivatable land in the two valleys, especially that of Yellowstone, and we therefore obtained a cession between the river, extending over a hun

dred miles up each, and some twenty miles of length opposite the junction on the north side of the Missouri. These cessions were made by the Assina boines, Crows, and Gros Ventres, who are evidently the only rightful claimants, as Indians. They also convey not only the right of way, but make cessions of station grounds not exceeding ten miles square, to accon nodate any highways that may be constructed through their country, which extends beyond the head of the Yellowstone into the settled portion of Montana.

This country, between the Yellowstone and the Missouri, is les; needed by Indians, as it lies adjacent to tribes always at war with each other, and therefore making frequent incursions in this country. The settlement or occupation of the line of the Yellowstone by whites will be a protection against these incursions.

In most of the treaties we have inserted an article designed to encourage agriculture, giving additions to such annuities for each family that settles down in agricultural pursuits. Much depends on the efforts of agents as to the success of this clause. Personal assistance, instruction, and encouragement, are necessary to secure success; and agents should be specially instructed and well supplied with every means of assistance.

The annuity is so apportioned as to grant from twenty to forty dollars to each lodge or family, which would give to each person (estimating six to the lodge) from three to six dollars' worth of clothing and food. It is enough to protect them from starvation, if properly expended, and not so much as to induce neglect of other means to sustain themselves.

Such is a general outline of the treaties which we submit for your consideration. The gradual but inevitable occupation of the whole country by those who will cultivate or pasture the soil, devolves on government the duty of guarding and instructing the weak and waning tribes of Indians, so as to protect them against injustice and oppression. The idea of extermination, as sometimes named as a policy to be applied to relieve us from trouble, is too monstrous to deserve a moment's consideration, and can only exist in the bosom of those who are ignorant of the Indian race, or incensed by revengeful passions more sa rage than those attributed to savages themselves. As a race they are more" sinned against than sinning," and the efforts of government should be directed to rules of restraint which will control bad white men and bad Indians.

Their wars were marauding expeditions, generally small in numbers. If their acts appear shocking, it may be attributed to custom more than revenge. They have no newspapers to relate their success, and have to make ocular exhibitions to their enemies and friends, as proof of their vengeance and success. In our assaults on Indians, these occasions do not exist, and all acts of barbarity committed by our troops in retaliation are void of excuse, and deserve the severest punishment. Where In lian outrage is committed it would be well to demand the authors before a general assault is directed, for nine times out of ten such wrongs are abhorrent to the wishes of the chiefs and the tribe, and they would gladly have the guilty ones punished; they are afraid to punish their young men as they deserve, and would like to have us do it for them. They fully understand our superior numbers and equipments, and do not want our resentments to be directed against them.

Their attacks on trains and stages are in conformity to their custom of annoying tribes who encroach on their hunting grounds, and they wish to discourage our encroachments. Those who make treaties, and clearly comprehend their meaning, do so in all sincerity, and, until they believe we have entirely abandoned them, they will fulfil to the best of their abilities; but they are so often insulted, defrauded, or ousted from their homes by worthless adventurers, their young men, in their usual mode, assemble war parties of from ten to fifty, and attempt retaliation.

Although this may be against the earnest remonstrances of the proper chiefs, and the act of one excited band, the telegraph announces an Indian war, and our people immediately desire general hostilities, which fall on fifty innocent tribes who may be unconscious of any outbreak. While we have been in council with tribes on the Upper Missouri,a trespass or murder by Indians would be announced as a violation of our treaties and evidence of Indian duplicity, though the outrage was committed a thousand miles distant, by Indians totally unknown to those we were with.

There is not only great ignorance concerning the location of the prairie or blanket tribes, but malicious, designing, and heedless persons, who seem fond of lavish expenditures, or auxious to secure some favorite route through or the occupation of some particular Indian territory, are very ready to give false impressions concerning every Indian transgression. It would be well for our people to know that there are nearly half a million of Indians on this continent; that they are widely separated, speaking different languages, and hundreds of tribes are totally ignorant of each other; that most of them have engaged in agriculture, and adopted the most cordial relations with surrounding whites, while the remainder are also divided, so as to desire to join the whites in any Indian or rebel warfare which has recently transpired or may hereafter occur; that a war party of Cheyennes or Arapahoes, or some bands of these tribes who have not made treaties, should not give occasion to distrust and denounce the innocent tribes who have most faithfully entered upon treaty arrangements, and, as far as we know and believe, have for nearly a year successfully maintained their stipula

tions.

In the report which we and other associates had occasion to make last fall, we took the opportunity to call your attention to flagrant and patent acts of negligence which had oc

curred in the administration of Indian affairs, as exhibited to us on Indian territory. Great improvements have been made in many things since that period, and tribes that seemed destitute and starving when we first visited them, a year ago, are now surrounded with splendid cornfields, and rejoicing in apparent affluence.

But our further progress up to more remote tribes has disclosed to us more mortifying evidence of negligence by former agents, and most probably stupendous frauds and outrages in the administration of Indian affairs, which may deserve your special attention. Immediate arrangements should be made to place the present agents independent of traders, and also enable them to build safe storehouses, where the goods can be properly protected and preserved.

Military officers should also be instructed to give attention to government property, and not, as in the instance referred to at Union, abandon a post, leaving twenty or thirty thousand dollars of government goods uncared for. There must be harmonious action between the agents and military officers in remote localities.

A large portion of the Indian expenditures are made near our settlements, where the military has little or nothing to do with the Indians or their neighbors. In such locations deliveries of goods should be witnessed by some federal officer who should certify that he saw the delivery. In remote localities, where the military have charge of the police regulations of the country, the commanding officers of the post should attest the delivery in similar terms. An Indian mark on a receipt is not sufficient evidence of anything. Without proper witnesses, you have no assurance that he made it, and it is almost impossible to get one of those wild Indians to comprehend the meaning of his touching the pen. They only conceive there is some "bad medicine" about it, which they will take on the presentation of a gun or a banket. You have some good honest agents now in the administration of affairs; but our information admonishes us of the necessity of establishing a better system of vouchers to secure any permanent justice in the matter of Indian deliveries.

Although the law may not specially connect the Indian and military departments, (and so far as the settled agricultural tribes are concerned there seems no occasion for a connection,) yet in the remote administration of government affairs there should be united exertions, harmonious regulations, and patriotic devotion to the government interest in the maintenance

of treaties and laws.

Our Indian intercourse laws need revision, especially so as to give them more sanction or certainty of execution in localities remote from marshals, sheriffs, and judges.

It would be well to give military courts concurrent jurisdiction in cases where crimes are committed by persons traversing our remote Indian country. Plain and palpable violations of the laws came to our notice, but prosecutions were impossible, and rogues go unwhipped of justice. Indians complained, and we believe with justice, of the use of false weights, measures, and false-bottomed cups, by traders, and we unite with some of our commissioners who last year recommended some provision of law that will secure true measures and fair dealing among Indian tribes.

Regulations concerning Indian service have many years ago been published in pamphlet form. They were evidently made to apply to Indians of a resident character, in easy access to legal process, and not suited to nomadic tribes, which now constitute almost the only troublesome Indian communities. These rules need revision, and a sufficient number should be published to give copies to all agents, officers, steamboat captains, and traders occupying the country. It should embrace all laws and treaties in operation in form of a digest, carefully and conveniently arranged with a proper index, so that travellers could easily understand, and Indians be taught, the kind of intercourse tolerated or prohibited by the national government. The scarcity or entire absence of copies of old laws and regulations concerning the Indians is a great inconvenience, and is a main cause of inaction on the part of officers, and injustice on the part of travellers and explorers.

Ignorance and indifference as to laws and regulations seem to prevail among all classes, military and civii; and curt expressions of contempt for all rules of discipline, and arrogant displays of local rules, orders, councils, and appointments, confuse and confound all rational system in the administration of Indian affairs. Laws and regulations clearly defining duties and crimes, with officers well informed and convenient to act and execute, would greatly improve our intercourse with the aborigines, save us from reproaches, and prevent many of the troubles that cost so much of blood and treasure.

EXECUTION OF TREATIES.

In the preceding remarks we have said enough to show the very irregular and imperfect mode of our execution of treaties. Negligence and frauds have characterized this essential executive duty. Indians are like children, hopeful and anxious for the goods which the "Great Father" has promised as an annuity.

As the time of delivery and amount has been uncertain, they are left to conjecture and often remain away from hunting grounds for months, anxious and starving, with hopes deferred. The delays of appropriations, delays of purchase and shipment, and especially the unsafety and uncertainty of navigation on such rivers as the Missouri and Arkansas, are the fruitful causes of painful disappointment.

A period for the delivery of goods should be selected that would allow, if possible, all delays to be overcome, and as far as possible the day should be known to the Indians, so they would all understand when and where payment is to be made.

The season for navigating the upper Missouri is June and July, and at other seasons it is too difficult for certain dependence. Seeds and agricultural implements should be delivered in the fall to the agent, so he can commence distribution early in the spring, before rivers and roads are fairly passable. This is of greater necessity in the arid countries west, where the moisture of melting snow and early spring rains are the surest aids to agricultural success. The general delivery of other goods, in view of the frequent hindrances before named, could be also arranged best for delivery in the fall season, say on the first day of November. But it would be better for the Indians to deliver heavy articles at two or three different points, as these prairie Indians have no means of conveying or preserving heavy stores.

Without going into details as to the goods which Indians need, we would especially recommend that every agent be supplied with agricultural tools and plenty of seeds, so as to invite and encourage agricultural pursuits.

Agents should also have a large supply of corn to issue to starving Indians, and it would be well to have a supply of coarse, warm cloth or blankets, for destitute Indians, who are unable to follow the tribes in their hunting excursions.

Medicines, in convenient form, to allay common diseases, should also be kept by the agent where a physician is not furnished for the tribe.

Generally, annuities should furnish the best of blankets and other articles of warm clothing for winter, and strong brown muslin for summer apparel. Provisions of corn, corn meal, potatoes, and less of flour and coffee and sugar, would best conform to their necessities and means for buying; and safe, sufficient storehouses be erected at each agency to preserve the Indian goods from theft or decay.

Agents should be appointed in much greater numbers for the Indians of the northwest. They should be located at military posts, and in convenient communication with the tribes they superintend, and never, as they have sometimes been years past, so far from their agencies as not to know the chiefs of the tribes, or to be known by them. They should be in convenient and frequent communication with their people, and not secluded and ignorant of the Indians for whom they pretend to be agents. A better compensation should be given to agents, and some certain amount of ground should be allowed them for their own personal cultivation, with a privilege of stock, so as to place the agents in more comfortable and independent relations to the tribes, and induce them to display their own skill in agriculture and household affairs.

ESTIMATE OF THE TRIBES.

Tribes generally know the number of their lodges or families, but it is difficult to ascertain the number of persons.

To make appropriations in fulfilment of these treaties, these numbers are necessary, and we submit the approximate numbers, as near as we can judge from our observations and inquiries:

Oncpapas.
Ogallallas..

Upper Yanktonais

Assinaboines

From this table estimates for regular annuities, and also the amount required under the agricultural provisions of treaties, may be commenced; but agents should hereafter carefully ascertain the correct numbers, so that all errors may be ultimately avoided.