delay as possible, to make the selection of the school section aforesaid, and, in case that said committee should fail to agree upon a selection, that they be empowered to call upon the United States agent for the Senecas, or any other person upon whom they may agree, and refer the whole matter to him, and they, the aforesaid contracting parties, do hereby bind themselves to abide by his decision.

ARTICLE 5. And the said Wyandott Indians do hereby agree to join with and assist the Senecas in petitioning the Congress of the United States for the repeal of the 12th article of the treaty of the 28th of February, A. D. 1831, made between the said Seneca tribe of Indians and the United States government.

In testimony whereof, the parties respectfully have affixed hereunto their seals, and signed the same the day and year first above written.

LITTLE TOM SPICER,
GEORGE DOUGLASS,
MOSES CROW,
MUSH,

JERRY CROW,

JIM RING,

COFFEE HOUSE,

Attest:
A. J. DORN,
D. B. MASON.

MATTHEW MUDEATER.

IRVIN F. LONG.

SILAS ARMSTRONG.

his mark. [SEAL.] his+mark. [SEAL his mark. [SEAL his mark. [SEAL his mark. [SEAL

No. 123.

KICKAPOO AGENCY, KANSAS,
September 18, 1866.

SIR: I have the honor to submit the annual report of this agency for the current year. The year has been one of comparative prosperity with the Kickapoos. The tribe has increased in material wealth and has not diminished in numbers. A school has again been established, with a prospect of accomplishing something towards the civilization of the tribe. There had been no schools since 1861. The boarding school, which had been for a brief period in operation under the charge of the Presbyterian Missionary Board, was, as I am informed, discontinued about that time. The building, which had been erected at great expense, was permitted to become dilapidated. The contemplated removal of the tribe did not invite the expenditure of money in the re-establishment of the school. But, in consideration of the fact that the Kickapoos had of all others of the Kansas tribes received, perhaps, less educational privileges, the department finally made an order for the opening of a day school, its expenses to be paid out of the fund stipulated, by the 2d article of the treaty of 1854, for educational and other beneficial purposes.

The school was commenced on the 11th of June last, and is kept in a room fitted up for that purpose in the old missionary building. Fourteen children have been brought into the school, and their attendance has been quite regular.

About half of these live convenient to the school; the others, coming from a distance of from four to eight miles, board with the Indian families living near the school, a small amount being allowed by the department in payment of their board.

The school numbers about half the children in the tribe of suitable age to attend school. Effort has been made to induce a larger attendance, but many of the Indians are indifferent to the subject of education, and they cannot be prevailed upon to send their children to a day school at a distance to board in Indian families.

It is objected by them that Indian people do not take good care of other Indians' children. The children attending the school evince an aptitude for learning almost equal to that of white children. But two of them could speak anything of the English language when they commenced. By the use of Wilson's object-charts, together with other expedi ents upon the plan of object teaching, these children are rapidly learning to speak the English language, and at the same time to read and write and to compute numbers.

The severalty Indians, who are mostly of the Pottawatomie band, take most interest in the school. The principal headman of the band holding their lands in common is the only member of that band who sends his children to the school.

He sends three boys, two of whom had before attended school, and had learned to read and speak English. This old man is exerting himself to induce others of his band to educate their children. It should be said in their favor that this band lives further from the school than do the severalty Indians.

The teacher at present employed is Miss S. E. Steele, a young lady of intelligence and zeal in her calling. This commencement of a school is, I think, accomplishing all that could have been expected under the circumstances.

As there will be next year and thereafter a large addition to the payments to the tribe, I think a majority would consent to the application of money sufficient to establish a boarding school; in my judgment the government should make an effort for that object.

The whole number of members of the tribe is two hundred and forty-two-males one hundred and seventeen, and females one hundred and twenty-five; this is an increase of four since the last annual report.

There has been no epidemic or prevailing sickness in the tribe within the past year. There has been but very little drunkenness; it is not difficult to prevent the use of intoxicating liquors to any considerable extent among them.

Though this reservation is crossed by a great thoroughfare-the overland road—and by a railroad in process of construction, but little liquor has been introduced, and the Indians have been orderly and industrious. Prompt action, however, has been necessary in the prosecution of persons who have furnished them liquors, as well as in severe dealing with Indians who have committed offences while under its influence.

I have deemed it best to keep these Indians constantly reminded of that policy of the government which contemplates either their civilization and incorporation with the American people, with all the privileges of citizens, or their removal from proximity to the white settlements. The effect of this has been to stimulate a majority to efforts to improvement, as they do not wish to remove. They have become more industrious; they have increased their fields and cultivated them with care.

Last year they had 800 acres in cultivation, this year they have 1,083; last year they broke but sixty acres of new prairie ground, this year they have broken 251 acres, adding nearly one-fourth to the area of their ploughed land. There is a reasonable prospect that they will have this additional ground under fence by the coming spring. They have two frame and fifty log houses, ten more of the latter than last year. They sowed but little wheat last spring, and had no fall wheat.

Their crop yielded two hundred and nine bushels this year; about 600 last year. I have furnished them seventy bushels of fall wheat for sowing this fall. Their corn crop this year is estimated at 47,150 bushels, compared with 800 last year. Potatoes, 1,300 bushels

this year, 1,500 last year.

Tons of hay cut this year, 318, about the same last year; the number of their domestic animals is increased. Of horses they had, last year, 169, now they have 176; cattle last year 150, now they have 168; swine last year 240, now 383. It is estimated that their sorghum crop this year will yield 1,500 gallons sirup, about the same as that obtained

last year.

For two or three years preceding the last the farming and industrial operations of the tribe had been considerably disturbed by circumstances growing out of the late treaty. A number of families changed their locations to allotments, or to new situations on the common reservation.

Doubtless the improvement shown this year contrasts with former years more strikingly, owing to these circumstances. Still I trust it will be found that these Indians will maintain a continual tendency towards civilization, and a permanent advancement in material prosperity.

I am not of the opinion that these Indians are averse to industry and to the habits of civilized society. I would remark that the tendency to improvement is considerably more apparent among those of the tribe who hold their lands in severalty than among those who hold their lands in common.

Very respectfully, your obedient servant,

Hon. THOMAS MURPHY,

Superintendent of Indian Affairs.

F. G. ADAMS, United States Agent.

No. 124.

LEAVENWORTH, KANSAS, July 9, 1866.

SIR: I have the honor to report that, in accordance with your instructions of the 21st ultimo, I proceeded immediately to the Kickapoo reservation, after concluding, in connec tion with Superintendent Murphy and Agent Pratt, a treaty with the Delawares, which treaty was forwarded to your address, by express, on the 5th instant.

Superintendent Murphy and myself reached the Kickapoo agency at Kennekuk on Thursday night, 6th, and, with Agent Adams, met such of the chiefs and headmen as had answered the call of the agent to be present. They have three chiefs, two of whom, both

belonging to the class who have taken lands in severalty, and named John Kennekuk and Captain Hamilton, were present. The third chief, Par-thee, who represents the wild or Prairie band, holding lands in common, was not present, being away from the reservation. Two of the headmen of the Prairie band were in attendance, by name Mashco-pa and Red-man. To these men we stated generally the wishes of the department and tenor of the treaty which we desired to make, to-wit: To provide a method by which a new home in the Indian country might be secured for such as desired to continue their tribal condition, free from interference by whites, and those who remained might become citizens of the United States.

We were met at the outset by complaints from the chiefs that the tribe had not yet seen any good resulting to them from the treaty of 1863; that "the railroad company had their lands, but the Indians had not seen five cents of money." After a long and patient explanation of the reasons for the delay in payment of the interest due-as being the result of delays in making the allotments, delays caused by opposition here, not through any action of the government-they appeared satisfied, and expressed a willingness to hear our proposed treaty read.

Your instructions to base this treaty upon the rough draught prepared last spring, making it to conform generally to the Delaware treaty where the provisions were directed to the same end, were followed, with some few exceptions, caused by the difference in the degree of civilization of the two tribes.

We went carefully through with this proposed treaty, article by article, and explained it thoroughly to the Indians. No objection was made by them to any of its provisions, except that which proposed to retain the funds of minors in the hands of the government until they should become of age, and this was explained until they seemed almost reconciled to its necessity. One of the headmen, however, Mash-co-pa, was evidently reluc tant and suspicious. As we closed the council for the day, adjourning to 9 a. m. of Saturday, all except Kennekuk, the head chief, mounted their ponies and rode away, and we very soon learned that they had said they would not return. Kennekuk expressed his dissatisfaction at their conduct, and his own willingness to sign the treaty.

On consultation with the agent and others, it was ascertained that one of the leading councillors or headmen of the Prairie band, Keoquot, had gone to northern Missouri for a hunt, leaving such instructions with his people as would probably prevent their acting without his presence, although he and nearly all his people desire to remove. It was determined to endeavor to get the chief, Hamilton, with the others who had been present during the day, again in council, with as many other leading men as possible, and to make another trial, and accordingly messengers were sent out during the night. Early on Saturday morning Kennekuk and Hamilton were on hand, with several leading men of those who hold land in severalty, but Mash-co-pa and Red-man did not come. We again explained the treaty carefully, and asked the chiefs to state their objections, if they had any, but they had none. We then adjourned the council and prepared the treaty for their signature, and on recalling the Indians told them that the treaty was ready for them to sign. To our great disappointment Kennekuk led the rest in declining to sign any treaty. He said that " Perhaps he might make a treaty at Washington; he wanted to see his Great Father himself; there were funds due the Kickapoos which he could get by visiting him; he had his allotment and would not move from it, and did not know any. body who would do so; he wanted to see some good from the other treaty before he made another;" with much more to the same effect. No explanations were sufficient to change the determination to which he and the others had come, and we were reluctantly compelled to close the council with our mission unfulfilled.

It is quite probable that if the chief Par-thee and the headman Keoquot had been present, the result would have been different.

In making my annual report for this year, it gives me pleasure to be able to say that the general condition of the Shawnee tribe of Indians is, in many respects, an improvement on any year since I have been in charge.

By the blessing of Providence and the vigilance and energy of the friends of temperance, every dram-shop within the limits of this agency has been closed, and, on account of the im

proved moral sentiment of the community, what is known as the secret cellars are dried up, the effect of which has been most happy upon a great many members of this tribe. The passion for strong drink which seems to rule in the breast of the Indian, together with lack of personal pride of reputation, makes it almost hopeless to attempt to reform the habitual drinker, while the temptation to drink is found at every cross-road as has formerly been the case; but in my travel during the last four weeks to every house and hut in the nation, I have not seen one Shawnee under the influence of intoxicating liquors. The result of this change is very plainly seen upon the agricultural interest of the tribe.

By reference to the statistical returns of farming, &c., accompanying this report, it will be seen that a much larger breadth of land has been cultivated than in any former year, and with a much more favorable result. While taking the census I visited every house and farm belonging to the members of the tribe, and I was often agreeably surprised to find well-cultivated fields where, from my knowledge of the owners and their former habits, I expected to find nothing. Among the Shawnees who hold their land in severalty, there are seventy-four families who cultivate ten acres and over each. Of this number, thirty-five cultivate forty acres, sixteen who cultivate eighty acres, four who cultivate one hundred and fifty acres, and two who cultivate two hundred and twenty-five acres each. The crops of one of the last mentioned number would sell at the present rates for $7,367. Some of the Shawnees will rank with the best farmers in the State.

The principal crop raised is corn, although there are thirteen who have raised wheat and thirty who have raised oats. As a general rule the variety of the crops raised is a good criterion by which to measure the Indian in his advancement toward civilization. On the farms of the most intelligent we find every variety of crops, together with apples, pears, peaches, and grapes, while the ignorant and uncivilized are content to live upon pounded corn, raised mostly by the female portion of their families. Of this latter class there are but few who hold their land in severalty, while nearly all who hold theirs in common properly belong to this class. They having been driven from their homes in the early part of the rebellion, and their houses destroyed, they became discouraged, and while under these circumstances and through their ignorance they were made the dupes of unprincipled and designing men, (who should have been their friends,) to rob them, in the shape of fees, of what little they possessed and of pledges of much more of what they anticipated. Through the advice of these men they were prevented from returning to their own land even after it was safe to do so, where they might soon have erected comfortable cabins and cultivated sufficient land to have made themselves comfortable, instead of which, about one-fourth of their number have died from hardships. One-half of the balance are scattered among the southern tribes in the Indian country, while those that remain are living around among their more fortunate brethren as best they can, but in an almost destitute condition.

There is an increasing interest manifested by the most intelligent portion of the tribe on the subject of education. The Shawnee manual-labor school, under charge of the committee of the "Indiana Yearly Meeting of Friends," has been kept full during the year. The contract provides for the boarding and clothing, the furnishing of medicine and medical attendance, and instruction in the common English branches of education, of forty children of either sex. There is a tract of three hundred and twenty acres of land set apart for a farm for the use of the school, on which two hundred acres are in cultivation, where the boys are taught farming, while the girls are taught the art of cooking, sewing, &c., in the house. This is the only school kept exclusively for the Shawnee children. The children have made very fair progress during the year; some have become quite good readers, and have become somewhat proficient in arithmetic, geography, and grammar, while others who came into the school without any knowledge of the English language make slower progress, and it requires a great deal of patience and perseverance to get them started.

The children during the year have been remarkably healthy; only two cases of sickness have occurred, and no deaths, which shows that their diet, clothing, and habits have been duly cared for.

The expenses of this school are defrayed by the use of the farm, and out of the fund of the tribe set apart for that purpose.

The committee in charge had at one time under consideration the propriety of closing the school at the end of the present quarter; but, as the obstacles which stood in the way of its continuance have been removed, they have given notice that they will continue as per contract.

There seems to be a diffidence or bashfulness in the Indian children, especially the female portion, more than is common to white children, which hinders to a considerable extent their progress in learning. To assist in overcoming this difficulty, I have recommended the introduction into the school of the exercise of singing. The Shawnees are, as a general thing, very fond of music, and I find that a familiarity with the children can be brought about by the use of music more easily than in any other manner. With this addition I should feel well satisfied with the school, although it is all that could be claimed or expected under the contract, and may well be considered a success...

There are about twenty Shawnee children who attend the district schools of the State, and two or three have employed teachers in their families.

Religious services are held at the school-rooms once a week by the Friends for the benefit of the scholars and such Shawnees as choose to attend. There is also a Shawnee Methodist Episcopal church, who have preaching every Sunday either by some of their own members or by some of the white preachers of the vicinity, but there are no regular missionaries among them.

There is quite a decrease in the population as shown by the census, which is caused principally by an expectation that their treaty would have been ratified during the last session of Congress, under which they expected to be provided with a new home in the Indian country south of Kansas, and a great many have moved down, some among the Senecas and Shawnees, and others among the Creeks.

Notwithstanding very many of the Shawnees are well located, have fine farms, good houses, and are in a thrifty and prosperous condition, yet they are of the opinion that the tribe, as such, would be greatly benefited by removing to a new home where they can live more to themselves, collect together all the Shawnees who are scattered over the country, and, by forming a more compact settlement, be enabled to establish such a school system as will enable them to educate all the children of their nation, and at the same time to place themselves beyond the influence of evil and unprincipled white men.

To this end they have been endeavoring for the last four years to make a treaty with the government. Three treaties have been made with the Commissioner of Indian Affairs, which failed to receive the sanction of the Senate, and last winter another was made, which also failed to be ratified, and is now pending the action of the Senate. It is more than probable that these refusals and delays, on the part of the Senate, have been of sufficient benefit to the Shawnees to cancel all the loss caused by the suspense and uncertainty which has been felt for these four years, as it has been the means of keeping up a continual discussion of the subject, until the headmen of the tribe have become quite proficient in making treaties as well as comprehending their provisions.

At a conference of the Shawnee council and the United States senators of this State, held at Topeka early in the present month, it was stated if the tax case now pending the decision of the Supreme Court should be decided adversely to the Shawnees, then in that case the "civil rights bill" would make them citizens, and that would bar them from making a treaty with the government, and that the Indian committee refused to act upon the treaty until said decision was had.

The Shawnees (being Indians) fail to understand by what right Congress can make them citizens without their consent or treaty provision. They claim that when the treaty of 1854 was originally made, they reserved two hundred thousand acies out of which to make these selections, and for other purposes, and that the Senate amended the treaty so as to cede to the government their whole reservation. The sole object claimed for this amendment was the convenience of making the title to individuals who might make selections, and not for the purpose of changing the status of the Shawnees. With this understanding, the Shawnees were induced to accept the amendment. The same Senate provided (in a bill organizing the Territory) in what manner Indians who should so elect might become citizens. The clause was afterwards re-enacted in the act admitting Kansas as a State. In said act no Indian could be made a citizen without his consent. By this act it is clearly shown that neither party anticipated the Shawnees becoming citizens under any provision of said treaty.

If the treaty of 1854 did not make them citizens, and they fail to comply with the provisions under the organic act with reference to Indians becoming citizens, then they fail to see how it is that Congress can by act compel them to become citizens merely by the action of a State which was not a party to the treaty. While some of them are well qualified to become citizens, and have no objections to becoming such, yet they desire to have it done in a legal way, and by and with their own consent.

The Shawnees during the rebellion have invariably shown themselves loyal to the government, and have furnished a large number of soldiers for the loyal army. Owing to the fact that most of them were enlisted into white companies, it is somewhat difficult to obtain the exact number for the army statistics; but from the best estimate that can be made it is believed that the number will exceed one hundred.

During the rebellion, and up to the present time, the Shawnees have suffered great loss from thieves and robbers, who now infest their country, taking their horses, cattle, and hogs; also burning their houses, grain, &c. For these losses they will present their claims to the department, and through their office ask the government a remuneration therefor. All of which is respectfully submitted:

JAS. B. ABBOTT,
United States Indian Agent.

Hon. T. MURPHY, Superintendent Indian Affairs, Atchison, Kansas.