half-yearly; and in case either of the above officers shall neglect or refuse to perform any of the duties of his office, he shall forfeit his salary, and his office shall be declared vacant, and another shall be appointed to fill the office.

SEC. 8. The chiefs and councillors shall semi-annually, in April and October, make an appropriation for national expenses, which appropriation shall be taken from the trust-fund or any other due the Delawares, and paid to the treasury.

SEC. 9. There shall be a treasurer appointed annually, on the first day of April, whose duty it shall be to receive and disburse all moneys to be used for national purposes, but the treasurer shall pay out money only on the order of the chiefs and councillors, and for his services shall be paid five per cent. on the amount disbursed.

ARTICLE VII.

SEC. 1. It shall be lawful for any person, before his or her death, to make a will, and thereby dispose of his or her property as he or she may desire.

SEC. 2 If a man dies, leaving no will to show the disposal of his property, and leave a widow and children, one-fourth of his property shall be set aside for the payment of his debts. Should the property so set aside be insufficient to pay all his debts in full, it shall be divided among his creditors pro rata, which pro rata payment shall be received by his creditors in full satisfaction of all claims and demands whatever.

SEC. 3. If the property so set apart for the payment of debt is more than sufficient to pay all debts, the remainder shall be equally divided among the children.

SEC. 4. The widow shall be entitled to one-third of the property not set aside for the payment of debts, and the remainder shall be equally divided among the children.

SEC. 5. If a man die, leaving no widow nor children, his debts shall first be paid out of the proceeds of his personal property, and the remainder, if any, with the real estate, shall be given to the nearest relative.

SEC. 6. Whoever shall take or receive any portion of the property belonging to the widows and orphans shall be punished as if he had stolen the property.

SEC. 7. The council shall appoint guardians for orphan children when they deem it expedient so to do.

ARTICLE VIII.

SEC. 1. If a white man marry a member of the nation, and accumulate property by such marriage, said property shall belong to his wife and children, nor shall he be allowed to remove any portion of such property beyonds the limits of the reserve.

SEC. 2. Should such white man lose his wife all the property shall belong to the children, and no subsequent wife shall claim any portion of such property.

SEC. 3. Should such white man die in the nation, leaving no children, all his property shall belong to his wife, after paying his debts.

SEC. 4. Should such white man lose his wife, and have no children, one-half of the personal property shall belong to him, and the other half shall belong to his wife's nearest relatives.

SEC. 5. Should such white man be expelled from the reserve, and the wife choose to follow her husband, she shall forfeit all her right and interest in the reserve.

ARTICLE IX.

SEC. 1. No member of the nation shall lease any grounds to persons not members of the nation.

SEC. 2. Should a white man seek employment of any member of the nation he shall first give his name to the United States agent, and furnish him with a certificate of good moral character, and also a statement of the time for which he is employed and the name of his employer.

SEC. 3. The employer shall pay all hired help according to agreement.

SEC. 4. Any person or persons violating any of the provisions of these laws on the reserve shall be punished as therein provided.

SEC. 5. All white men on the reserve disregarding these laws shall also be expelled from the reserve.

ARTICLE X.

SEC. 1. Whoever shall forcibly compel any woman to commit adultery, or who shall commit a rape upon a woman, shall, for the first offence, be fined the sum of fifty dollars and be imprisoned in jail for thirty-five days; for the second offence he shall be fined one hundred dollars, and be confined three months in the national jail; and for the third offence he shall be punished as the court shall see proper.

No. 120.

DELAWARE RESERVATION, KANSAS,
September 17, 1866,

SIR: The boarding school for the instruction of the children and youth of the Delaware nation presents its eighteenth annual report, as follows:

The numbers of boys enrolled has at all times exceeded the number of girls. Of the one hundred and one in attendance during the time covered by this report about fourninths are girls. Probably the presence of the girls is more necessary at home to aid the mother in the care of the younger children.

Our youngest pupil is four years of age, the oldest eighteen. It is not to be understood that the most advanced in years are the most advanced in knowledge, having been in school from childhood up; on the contrary, in real attainments they often fall much below those several years their juniors, who have been in more constant attendance.

A girl of thirteen bears the palm, at present, in mental arithmetic. She had a superior last winter in a boy of fifteen, who was equally apt in solving problems on the slate.

The branches usually taught in primary and intermediate schools receive attention here. A slate and pencil is furnished each. In this way new beginners learn to print very neatly before they can read, so apt are they in imitation. All who can read sufficiently well have two exercises daily in the Holy Scriptures, partaking somewhat of the character of Bible classes. Verses are committed to memory, and gospel principles inculcated as the rule of conduct in life. Much instruction is given orally of a miscellaneous character. In this way physiology, astronomy, &c., are brought to the comprehension of those who can understand the English language, and this class is largely in the majority.

Several large boys, after an absence of several years, have been in regular attendance during a part of the year. One of them thus expresses himself in his composition exercise: "We must know books, for white man know much, he cheats us much; I want to look hard on my book and slate." Irregularity in attendance is still the great perplexity and source of uncounted discouragement to those in charge.

The larger girls do the work of their dining-room, which is in a separate building from that containing their dormitories and work-rooms. All the rooms occupied by the school are kept in order by the girls. Sometimes a pleasant rivalry arises as to whose room shall be the neater swept or whose floor the whiter scrubbed. Sewing and knitting also receive attention.

Death has claimed one of our largest boys. He died during the winter term. With this sad exception we have but few cases of severe illness. Disease took the form of fever last winter, while inflammation of the eyes has been quite prevalent during the summer term in a very severe form, leaving the eyes weak long after the inflammation subsided. Our school is divided into two departments, according to the degree of advancement, each department occupying a separate room, with its appropriate teacher.

During the winter one, the more advanced department, was taught by Miss Mary Farrand, of Lansing, Michigan, who was succeeded by Miss Ellen W. Dickinson, of Quindaro, Kansas.

The school is supported from funds derived from the United States government, used for educational purposes alone.

Very respectfully submitted:

SIR I have the honor herewith to transmit a letter from Agent Pratt, of the 9th instant, enclosing a communication from R. Robitaille, secretary of the Wyandott council, representing, in behalf of the Wyandotts, their desire to sell their lands in Kansas and remove to the south.

I would respectfully urge upon the department to take some steps in this matter at an early day for the following, among other, reasons:

Most of the lands belonging to the orphan and incompetent Wyandotts have been sold, for taxes, to white men, who have taken possession and stripped the lands of the most valuable timber, thereby rendering them of very little value.

I am of the opinion that it would be right and proper for the United States to extinguish the Indian title to the Wyandott lands, and locate them south among the Senecas. Very respectfully, your obedient servant,

Hon. D. N. COOLEY.

Commissioner, Washington, D. C.

THOMAS MURPHY, Superintendent Indian Affairs.

OFFICE OF THE U. S. AGENCY for the DELAWARE INDIANS,
Delaware Reserve, Kansas, May 9, 1866.

SIR: Enclosed please find a communication from R. Robitaille, secretary of Wyandott council, wherein is represented a desire upon the part of the Wyandott people to obtain a permanent home in the Indian territory south of the State of Kansas.

I am clearly of the opinion that the interest of the people of the State of Kansas would be subserved, as well as the interest of the Wyandotts, for your department to devise a method by which the titles to the lands allotted in severalty to the Wyandotts may be extinguished. The condition of these people demands upon the part of the government such action, and, if consistent with your views, I should be pleased to hear from you upon the subject.

I am, very respectfully,

THOMAS MURPHY, Esq.,

Superintendent Indian Affairs, Atchison, Kansas.

JOHN G. PRATT, United States Indian Agent.

WYANDOTT, KANSAS, May 7, 1866.

SIR: The Wyandott council desire to inform you that they wish to procure a home for the remnant of their tribe in the Indian territory south of the State of Kansas, and wish you to call the attention of the Indian department to their present deplorable situation. We wish to get a permanent home without delay, and then obtain the right to dispose of the lands belonging to the Wyandott Indians on the incompetent and orphan lists, as those lands are now subject to taxation, and most of them being unimproved, and but few will have the means to pay the taxes.

Our people wish to settle down and apply themselves to habits of industry in any permanent home that they can get south of Kansas, and desire you to state to the Indian department that among their most urgent wants one would be a blacksmith shop, which we hope the government will grant us, with the necessary iron and steel to carry it on, as we firmly believe that the aim of the United States government is to help the Indians to pursuits of industry and civilization.

We are aware that government is opposed to alienating lands belonging to the incompetent and orphan class before they have assurance of a home elsewhere; therefore we are the more anxious to secure one in the Indian territory without delay. In several cases the lands of this class have been levied on and sold, and we wish you to call this matter also to the attention of the Indian department.

Yours respectfully,

Rev. J. G. PRATT, U. S. Indian Agent.

R. ROBITAILLE, Secretary of Wyandott Council.

We are informed that it requires an act of Congress sanctioning a law passed by the Kansas legislature to dispose of the incompetent and orphan grants of land. We desire that the Indian department would urge the passage of such a law, if none has passed Congress.

SIR My instructions of June 21, directing me to seek a conference with parties among the Wyandotts of Kansas, and obtain such information as would enable the office to prepare proper instructions in reference to a proposed treaty with Indians of the Neosho

agency, (Senecas and Shawnees,) as would provide for an incorporation with the former of such Wyandotts as should desire it, I proceeded, in company with Agent Pratt, from the Delaware agency, on Saturday the 14th instant, on the road towards Wyandott; having an interview with Francis Cotter, one of the Indian party," at his farm on the way, and obtaining the services of the interpreter, to find some of the leading men of both parties, to meet at Wyandott in the afternoon. Our arrangements were successful, and we met, separately as to the men of the two parties, and conferred with Cotter (as above,) John Grayeyes, acting head chief in the absence of Tauromie, and James Armstrong, representing the Indian party, with Robert Robitaille, their clerk; and with Irvin P. Long, and another of the citizen party. These men all understand and speak English, and the conferences with them were long and satisfactory.

The Wyandott treaty of 1855, by its first section, provided that upon the fulfilment of certain stipulations, those Indians should become citizens and take patents for their lands, and the existence of the tribe thereupon to cease, except that such of the Indians as should desire a temporary exemption from the provisions extending citizenship to them might for a limited period, to be determined by the Commissioner, have continued to them the assistance and protection of the United States, and an Indian agent in their vicinity.

A council composed of Tauromie, as head chief, John Grayeyes, acting head chief in Tauromie's absence, Francis Cotter, Jacob Whitecrow, Silas Grayeyes, John Karahoo, and James Armstrong, with R. Robitaille as their clerk, has been recognized by Agent Pratt since his being in office, under the above provisions of the treaty; while, as to business which remained to be done with Wyandotts who had accepted the provisions of the treaty and become citizens, a council or business committee exists, now consisting of John Sarahas, Irvin P. Long, John D. Brown, William Johnson, and Matthew Mudeater.

I judge, from a comparison of the views of the various parties with whom I conferred, that by far the larger part of the Wyandotts prefer to continue their tribal organization still, and many of them are now, and have long been, absent from the lands allotted and patented to them, and living before and since the war upon a part of the Seneca reservation in the Neosho agency, Indian country; while it is certain that many others, who have heretofore acted and lived as citizens, are dissatisfied with their condition, and desire to return to a tribal state, outside of the encroachments of white settlers. They complain that however much they may strive to live like whites, the people about them, in many cases, appear to think that Indians "have no rights that white men are bound to respect," and that they are constantly robbed of their stock and other property, and not able to obtain the same redress as white people. These citizens say, also, that the semi-compulsory manner in which they were made citizens, and the temptation held out by giving patents for the lands, induced many to accept the provisions of the treaty who were utterly unfit to assume the responsibilities of citizenship, and, having sold their allotments, they have become vagabonds.

The Indian party represent that there are many incompetents and orphaus whose property has been placed in the hands of guardians and squandered; that the property of others has been taken from them illegally under process from the courts of probate; and ask that the government will interfere and protect them. They insist that it would be better for all such to remove south with the reorganized tribe, and have the government realize their funds and pay them annuities thereon. This party deems itself still the Wyandott tribe, and supposes itself to be in a condition to make a treaty with the gov ernment, while it insists that the government should in no manner connect with them the interests of any who become citizens.

I confess that I see no good reason for this latter feeling except as it may be founded in the desire to obtain from government exclusive benefit of whatever may be recovered upon pending claims.

Both parties, with few exceptions, desire to remove to the Seneca country, south of Kansas From both of them I learned of the existence of an old pledge by the Senecas, (the result of kind treatment of the latter by the Wyandotts, in Ohio, in giving them a home,) that whenever, in after years, the Wyandotts might need land to live upon, the Senecas would give it to them. And, accordingly, they say that the Senecas are now ready to redeem that pledge, as is shown by the late informal agreement between the Senecas and Shawnees, and the proposition of the Senecas on file in the office.

But the Indian party say that the Senecas would not consent to admit the citizen party to this arrangement. Upon my suggestion, however, that if the government undertakes to settle this matter it would doubtless desire to make it complete, and provide for all : and that as the objections of the Senecas, if they existed, probably were derived from the Wyandotts themselves, so, if the latter become reconciled, the Senecas would not further object, the men of the Indian party appeared willing to reconsider the matter.

Upon the whole, it appears to me entirely practicable to make a full and fair settlement with these people and in their behalf. If the Senecas be willing to give them land, the ques

tion of compensation is disposed of. There does not appear to be any tribe of Wyandotts properly existing, in view of the provisions of the treaty of 1855, and subsequent action, with whom the government can treat; but provision can be made in a treaty with the Senecas for the incorporation with them, in some manner, of such of the Wyandotts as may desire, and a stipulation be made by the government that provision shall be made by law for a complete settlement of all matters necessary to establish those Wyandotts upon the lands to be given them by the Senecas, in a tribal state, and for proper guardianship of their interests.

The leading men of both parties appeared to be willing to look at these things reasonably, and promised to meet each other and talk them over. I was induced to believe that if no untoward influences are brought to bear upon them, their differences can be easily reconciled.

Very respectfully, your obedient servant,

Hon. D. N. COOLEY, Commissioner of Indian Affairs.

W. H. WATSON.

The following is a copy of the agreement between the Senecas and Shawnees alluded to in the above:

Articles of agreement, or a treaty, made and entered into this 22d day of November, in the year of our Lord one thousand eight hundred and fifty-nine, by and between Little Tom Spicer, head chief, George Douglass, Moses Crow, John Smith, and Doctor Thomas, councilmen of the Seneca tribe of Indians, of Indian territory, of the one part, Matthew Mudeater, principal chief, Irvin B. Long, Silas Armstrong, John Hicks, and John W. Grayeyes, councilmen of the Wyandott tribe of Indians, of Kansas Territory, of the other part, witnesseth that

Whereas that said Wyandott Indians did by two certain treaties, made and concluded in the State of Ohio, give unto the said Seneca Indians two certain tracts or parcels of land described in said treaties, as follows, to wit:

The gift conveyed by the treaty made and concluded at the foot of the rapids of the Miami river of Lake Erie, on the 29th day of September, A. D. 1817, containing 30,000 acres, and bounded as follows, to wit:

Beginning on the Sandusky river at the lower corner of the section granted to William Spicer; thence down the river on the east side with the meanders thereof at high-water mark, to a point east of the mouth of Wolf creek; thence and from the beginning, east, so far that a north line will include the quantity of 30,000 acres ; and

Whereas they, the said Wyandotts, did also give one other tract or parcel of land by the provisions of a treaty made and concluded at St. Mary's, in the State of Ohio, on the 17th of September, A. D. 1818, which is described as follows, to wit: 10,000 acres of land to be laid off on the east side of the Sandusky river, adjoining the south side of the aforesaid gift of 30,000 acres, which begins on the Sandusky river at the lower corner of William Spicer's section, making the whole of the two gifts amount to 40,000 acres ; and

Whereas the said Seneca tribe of Indians did then agree that if any misfortune should happen unto the Wyandotts, that they would take them in as brothers, and give them a home: Therefore, to carry into effect the said treaty stipulations, they have agreed upon the following articles :

ARTICLE 1. The Seneca nation, for and in consideration of the aforesaid gifts, and in accordance with the said treaty stipulations, do hereby give and convey to the said Wyandott Indians the following-described tract of land, being part of the reservation belonging to the said Senecas, and situate in the Indian territory and bounded as follows, to wit: commencing on the western boundary line of the State of Missouri, at a point where the northern boundary line of said reservation intersects the same; thence south on said State line for a distance of four (4) miles; thence west and parallel with said northern boundary to a point on the Neosho or Grand river; thence up the Neosho or Grand river, with the meanders thereof, to a point where the northern boundary line of said reservation intersects the same; thence east, along said northern boundary to the place of beginning, containing 33,000 acres, more or less.

ARTICLE 2. The Wyandott people being duly impressed with gratitude towards said Senec nation, do hereby agree that they will occupy said lands, and that they will permit no other people to trespass upon them.

ARTICLE 3. The aforesaid contracting parties do hereby covenant and agree that they will each of them set apart one-half of one section of land adjoining each other on the division line between them for to enable and assist them in the better education of their children, said section of land being forever dedicated to school purposes and no other.

ARTICLE 4. And the respective councils of the aforesaid two nations do hereby agree to appoint a committee of three persons each, whose duty it shall be to proceed, with as little