University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18999-25-1888Pottawatomie Indians of Michigan and IndianaFollow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis House Report is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted forinclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of Universityof Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationH.R. Rep. No. 3502, 50th Cong., 1st Sess. (1888)50TH CoN~RESS, ~ BOUSE OF REPRESENTATIVES. { REPO_!tT 1st Sesswn. f _ No. 3n02. POTTAWATOMIE INDIANS OF MICHIGAN AND INDIANA. SEPTEMBER 25, 1888.-Referred to the House Calendar and ordered to be printed. Mr. ALLEN, of Michigan, from the Committee on Indian Affairs, sub-mitted the following REPORT: [To accompany bill S. 2176.] The Committee on Indian Affairs, to whom was referred the bill (S. 2176, for the ascertainment of the amount due the Pottawatomie Indians of Michigan and Indiana, submit the following report: This is a Senate bill, and the whole question has been fully investi-gated by the Senate Committee on Indian Affc.drs, and the result of such investigation is embodied in Senate Report No. 1194, Fiftieth Congress) first session, which report this committee adopt and make their own, con-taining, as it does, reference to and extracts from all treaties, corre-spondence, and papers on file bearing on the subject. We recommend the passage of the bill. 2 POTTAWATOMIE INDIANS. Senate Report No. 1194, Fiftieth Congress, first session. MAY 3, 1888.-0rdered to be printed. Mr. DANIEL. from the Committee on Indian Affairs, submitted the fol-lowing REPORT: [To accompany bill S. 2176.] The Committee on Indian Afl'airs has had under consideration Senate bill 2176, entitled ''A bill for the ascertainment of the amount due the Pottawatomie Indians of Michigan and Indiana," and respectfully re-port that they have examined the same and recommend that it be amended by inserting after the words'' Pottawatomie Indians," in line 12, the following; " nor by the receipt in full given by said Pottawato-mies under the provisions of said resolution;" and that the bill so amended do pass. The bill reads as follows, with the proposed amendment in italics, to wit: A. BILL for the ascertainment of the amount due the Pottawa.tomie Indians of Michigan and Indiana. Whereas the "Business Committee" of the Pottawatomie Indians of Michigan and Indiana, fol' themselves, and in behalf of all other Pottawatomie Indians of said States, make claim against the United States on account of various treaty provisions which, it is alleged, have not been complied with: Therefore, Be it enaoted by the Senate and House of Representatives of the United States of .Amerioa in Congress assembled, That the Court of Claims is hereby authorized to take jurisdic-tion of and try all questions of difference arising out of treaty stipulations with tbe said Pottawatomie Indians of Michigan and Indiana, and to render judgment thereon; power is hereby granted the said court to review the entire question of difference de novo, and it shall not be estopped by the joint resolution of Congress, approved twenty-eighth July, eighteen hundred and sixty-six, entitled "Joint resolution for t.he relief of certain Chippewa, Ottawa, and Pottawatomie Indians;" nor by there-ceiptinfull given by said Pottawatomies under the provisions of said resolution, and the Attorney-General is hereby directed to appear in behalf of the Government, and if the said court shall decide against the United States the Attor11ey-General may, within thirty days from the rendition of the judgment, appeal the cause to the Supreme Court of the United States; and from any judgment that may be rendered the said Pottawatomie Indians may also appeal to said Supreme Court: Provided, That the appeal of said Pottawatomie Indians shall be taken within sixty days after the rendi-tion of said judgment, and the said court shall give such cause precedence. SEC. 2. That said action shall be commenced by a petition stating the facts on which said Pottawatomie Indians claim to recover, and the amount of their claims, and said petition may be verified by any member of said "Business Committee," or their authorized attorney, as to the existence of such facts, and no other statements need be contained in said petition or verification. The committee is of opinion that the court should not be estopped by the joint resolution of Congress approved 28th July, 1866, for the rea-sons set forth in the memorial of the Indians contained in House Mis. Doc. No.8. Fortv-fifth Congress, second session, and in the report of POTTAWATOMIE INDIANS.- 3 the Commissioner of Indian Affairs of April 6, 1886, written in response to Senate resolution of the Forty-ninth Congress, first session. In brief, it appears from these documents, and from the appended cor-respondence, that estoppel by the resolution of 28th of July, 1866, would work absolute injustice, and thus could not be designed or knowingly permitted by the United States. The resolution of July 28, 1866, is to be found in the United States Statutes at Large, vol. 14, p. 370, and is as follows: JOINT RESOLUTION for the relief of certain Chippewa, Ottawa, and Pottawatomie Indians. Be it resolved by the Senate and House of Representatives •if the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, author-ized and directed to pay to the Chippewa, Ottawa, and Pottawatomie Indians, of Michigan, in pursuance of an agreement and compromise made with the Pottawato-mie nation of Indians so named and designated by the treaty of eighteen hundred and forty-six with the United States, the sum of thirty-nine thousand dollars in full of all claims in favor of said Michigan Indians either against the United States or said na-tion of Indians, past, present, or future, arising out of any treaty made with them or any band or confederation thereof, and the annuity now paid to them is to be restored and paid to said nation in the fnture. Said sum of thirty-nine thousand dollars is to be paid out of funds of said Indians, by the United States now held in trust for said nation, drawing interest at the rate of five per centum, which amount is hereby ap-propriated; said payment to be made per capita direct to heads of families, adults, and guardians of minors, as is now required by law in I'eference to annuities, by the proper agent of the Government. It is not disputed that the sum provided for was duly paid. Are-ceipt in full was given therefor, au~ without the assent of Congress there the matter ends. But notwithstanding said payment and said re-ceipt the very fact is that a large sum is really still due the Pottawat-omies, and the evidence of the fact is too plain and unmistakable to be disr(lgarded. In his letter of April 6, 1886, Ron. J. D. C. Atkins, Commissioner of Indian Affairs, says : I have caused an examination to be made of said claims as set forth in the memo-rial contained in House Mis. Doc. No.8, of the.Forty-fifth Congress, second session, and find that the said claims are well founded ; also, that said claims ~ave been re-ported favorably to the honorable .Secretary of the Interior for reference to Congre~s at sundry times, namely, June 3, 1872, February 3, 1877, January 14, 1881, March 29, 1882, and January 26, 1884. Supperadded to these favorable reports is that wherein they are quoted and those which are here exhibited in letters appended hereto, from the Secretary of the Interior and the Commissioner of Indian Af-fairs. Under such a showing the request to submit the matter to the adjudication of the Court of Claims seems to your committee to be just and reasonable, and in the opinion of your committee should be granted. Secretary Teller's letter to Hon. W. B. Allison, of February 27, 1883, a copy of which is also appended, is an additional confirmation of the righteousness of this claim. Mis. Doc. No.8, Forty-fifth Congress, second session, is hereto ap-pended to be printed as a part of this report, there being no copy on file in the office of the Uommis~ioner of Indian Affairs, and there being need of it for reference. The explanation of the receipt by the Indians "in full" on payment of the $39,000 is found thereon, and may be briefly summed up as follows: Under the foregoing resolution of July 28, 1R86, as is explained by the Pottawatomies, an agent of the Government was dispatched with $39,000 to pay the Indians in fnll. The Indians were poor, and greatly distressed by mortgages and debts incurred in expectation of receiving what the Government had 4 POTTAWAT011IE INDIANS. acknowledged to be due. They bad commenced churches and school-houses; and their farms aud improvements would be lost without help from the money due them. When the agent offered $39,000, in full of a debt, they were greatly surprised and alarmed. On both sides ruin seemed inevitable. The agent of the Government refused to confer with the Indians. He had but one duty to perform-pay the money and take their receipts. The Indians were then advised by friends and counsel, and a Mr. Johnson, minister of the Gospel, who was under-stood to be present to aid Mr. Smith, the agent, by appointment of the Government, that their acceptance of the money coultl not have the effect to. prevent the payment of all just balances due them, as they only accepted it upon the express condition of their protest; that this advice of friends, counsel, and Mr. Johnson was freely given and ex-pressed in the preseuce of the agent, to which the agent made no reply. That under these circumstances and advice, relying upon the laws and facts as thus assured to them, they signed the receipt required by the agent . .Accordingly, this Government, from that day to the present time, bas recognized the true condition of the case, and has placed its own con-struction upon the treaties and allowed to each such amounts as they seemed justly eutitled to. Tile Department has regarded tile payment of the $3U,OOO as ou account, and recognized• the bahmce due. They have, on the other hand, refused to allow the Indians of Michigan any share ~n the funds appropriated for schools, mills, shops, salt,, etc., be-cause these advantages were not divisible, but have allmved them their just share of all former anuuities and the sums named in the supple-mental treaty of September, 1833. But the resolution of Congress, and the receipt in full stand in our way; also, the items are quite numerous under ten or more treaties, all of which render necessary alHl proper a judicial determination. DEPARTME~'"T OF THE INTERIOR, Washington, March 17, 1888. SIR: I have the honor to acknowledge the receipt of your communication dated the 5th instant, inclosing S. 2176, for ascertainment of the amount due the Pottawat-omie Indians of Michigan aud Indiana. In response thereto, yon are respectfully informed that reply hns this day been made to the chairman of th" Committee on Indian Affairs, United St.ates Senate, on this bill, which was the subject of his letter of 2d instant to this Department. The papers accompanying your communication are herewith returned. Very respectfully, Bon. J. W. DANIEr., United States Senate. WM. F. VILAS, Secretary. DEP .ARTMENT OF THE INTERIOR, Washington, Ma1·ch 17, 1888. SIR: I have the honor to acknowledge the receipt of your communication of2d in-stant, inclosing for examination and reportS. 2176, for the ascertainment of amount due the Pottawatomie Indians of Michigan and Indiana. In response thereto, I transmit herewith copy of a report, dated 16th instant, fnm the Commissioner of Indian Affairs, to whom the matter was referred, wherein be states that, in view of the fact that this claim has been before the Department so many years, and baR heretofore been reported to Congress as well founded, and no final action taken thereon, and as the business committee of said tribe has petitioned POTTA W ATO.l\HE INDIANS. 5 Congress to refer the case to the Court of Claims, he is of opinion that this is the proper course to pursue, and he so rec-ommends. Concurring in the recommendation of the Commissioner of Indian Affairs, I return nerewHh the bill which accompanied your letter. Very respectfully, WM. F. VILAS, Seoretm·y. The CHAIRMAN CoMMITTEE ON INDIAN AFFAIRs, United States Senate. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., March 16, 1888. SIR: By your reference of the 3d instant, for report, I have the honor to acknowl-edge the 1·eceipt of a communication from'Hon. H. L. Dawes, chairman Senate Com-mittee on Indian Affairs, dated the 2d instant, referring, for examination and report, S. 2176, ''For the ascertainment of the amount due the Pottawatomie Indians of Michigan and Indiana." The bill recites that-" Whereas the business committee of the Pottawatomie Indians of Michigan and Indiana, for t.hemselves and in behalf of all other Pottawatomie Indians of said States, make claim against the United States on account of various treaty provisions which it is alleged have not been complied with: Therefore "Be it enacted, etc., That the Court of Claims is hereby authorized to take jurisdic-tion of and try all questions of difference arising out of treaty stipulations with th e said Pottawatomie Indians of Michigan and Indiana, :md to render judgment thereon ; power is hereby granted the said court to review the eotire question of difference ife novo, and it shall not be estopped by the joint resolution of Congress, approved :2t!th July, 1866, entitled •Joint resolution for the relief of certam Chippewa, Ottawa, and Pottawatomie Indians,' and the Attorney-General is hereby directed to appear in be-half of the Government, and, if the said court shall decide against the United States, the Attorney-General may, within thirty days from the rendition of j ndgment, ap-peal the cause to the Supreme Court of the United States, and from any judgment that may be rendered the said Pottawatomie Indians may also appeal to the sairl Supreme Court: Provided, That the appeal of sairl Pottawatomie Indians shall be taken within sixty days after the rendition of said judgment, and the said court shall give such cause precedence. ''SEC. 2. That said action shall be commenced by a petition stating the facts on which said Pottawatomie Indians claim to recover, and the amount of their claim and said petition may be verified by any member of said b11 ~ :ness committee or their au-thorized attorney as to the existence of such facts, and no other statements need be contained in said petition or verification." In reply to the inquiry of the Senate committee, I have to state that the claims of the Pottawatomies of Indiana and Michigan for arn'arages of annuities have been the subject of reports to the Department, upon calls from various committees of Con-gress, since 1872, viz, June 3, 1872; February 3, 1877; ApriU4, 1878; January 14, 1881; March 29, 1882; January 26, 1884, and Aprilo, 188('. By this latter report, which was written in rt'sponse to a Senate resolution of the Forty-ninth Congress, first session, calling for information as to the amounts due said Indians, as set forth in the memorial of !'aid Indians contained in House Mis. Doc. No. a; of Forty-fifth Congress, second sebS~lll (a copy of which is not DOW on file in this office) it was stated that an examination of saill claims ha(l been mttde as set forth in the memorial contained in said Document No. 8, and it was found that said claims were well founded. In the report 1 of my predecessor, dated June 26, 1884, he recommended that tbe sum named in House bill No. 1742, Forty-eighth Congress, first session, for the relief of said Indians, be increased to $188,165.33, which would be the sum due up to and including June 30, 1885. By office report of April 6, 1886, this office recommendell hat the sum f:lhould be increased to the amount of $1~2,4:H.14 by the addition ofthe sum of $4,267.31, being their pro rata share of permanent annuities due to the Pot-tawatomie Nation for the eighteen months ending December31, 18tl6, at the rate of $2,1::!44.87 per annum, or by the increase of the sum of $152,602.~6, award made by Senator Buckingham, April 19, 1872 (Report No. 1il, Forty-second Congress, second session), to $192,4iH.14, being the additional amount due these Indians as their pro Ta.ta share of annuities from 18n to 1886, both inclusive, fourteen years, at $2,844. 87 per annum, $39,8~8.18. In view of the fact that this claim has been before the Department and the Congress for so many years, and that the business committee of the said tribe has petitioned 6 POTTAWATOMIE INDIANS. Congress tO"refer their case to the Court of Claims, I am of the opinion that this is the proper course to pursue, and respectfully recomiBend that the bill be returned to the Senate committee with the favorable recommendation of the Department. The papers referred are respectfully returned, together with a communication from Hon. John W. Daniel, Senate Subcommittee on Indian Affairs, inclosing for report a copy of said bill, referred on the 8th instant; also one of like import from Hon. B. F. Shively, of the House of Representatives. Very respectfully, The SECRETARY Ol!' THE INTERIOR. J.D. C. ATKINS, ContnJissioner. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, .April6, 1886. SIR: On the 7th day of February, 1885, there was received at this office, by refel'-ence from the Department, for report, the following Senate resolution, namely: "Whereas those members of the Pottawatomie Nation of I11dians residing in the States. of Indiana and Michigan claim that there is clue them, by virtue of treaties made with the sai.d nation, considerable sums of money: "Resolved, That the Secretary of the Interior be, and is hereby, directed to examine into said claims and ascertain what, if any, amounts are due said Indians, said claims being those set forth in the memorial contained in House Mis. Doc. No.8, of the Forty-fifth Congress, second session." The Secretary is further directed to "ascertain whether the bands of Pottawato-mies of Huron located in Calhoun County, Mich., and not mentioned in said memo-rial should, by virtue of treaties dated November 17, 1ri07, September 19, 1827, and September 26, 1833, be included in any settlement that may hereafter be made of the claims set forth in said memorial." In reply I have the honor to state that I have caused an examination to be made of said claims as set forth in the memorial contained in House Mis. Doc. No. 8, of the Forty-fifth Congress, second session, and find that said claims are well founded; also that said claims have been reported favorably to the honorable Secretary of the Inte-rior, for reference to Congress, at sundry dates, viz, June3, 1872, February 3, 1877, April24, 1878~ January 14, 1881, M'arch 29, 1882, and January 26, 1884. In the report last named my predecessor recommended that the sum named in House bill No. 1742, Forty-eighth Congress, :first session, for the relief of said Indians, be increased to $188,163.83, which would be the sum due up to and including June 30, 1885. This sum should be increased to the amount of $192,431.14 by the addition of the sum of $4,267.31, being their pro rata share of permanent annuities due to the Pottawatomie Nation for the :fisal year 1886, and from July 1, to December 31, 1886, at the rate of$2,844.87 per annum, or by the increase of the sum of $152,602.96, award made by Senator Buckingham April19, 1872 (Report No. 121, Forty-second Congress, second session), to $192,431.14, being the additional amount due these Indians as their pro rata share of annuities from 1873 to 1886, both inclusive, fourteen years, at $2,844.87 per annum, $39,828.18. In reply to that portion of the resolution directing that it be ascertained "whether the bands of Pottawatomie of Huron located in Calhoun County, Mich., and not mentioned in said memorial" should by virtue of treaties dated November 17, 1807, September 19, 1827, and September 26, 1833, be included in any settlement that may hereafter be made of the claims set forth in said memorial," I have to say that the band of Pottawatomie Indians, located in Calhoun County, Mich., were parties to the treaties of November 17, 1807, September 19, 1827, and September 27, 1833, and should be included in any settlement that may hereafter be made of the claims set forth in said memorial. The resolution of the Senate is returned herewith, Very respectfully, The SECRETARY OF THE INTERIOR. J. D. C. ATKINS, Commissioner. DEPARTMENT OF THE INTERIOR, Washington, February 27,1883. SIR: I have the honor to invite your attention to the matter of the Pottawatomie Indians of Michigan and Indiana, arising under treaty stipulations. The claims of these Indians have been pending before Congress for a long time. POTTAWATOMIE INDIANS. 7 They have been thoroughly investigated by this Department and have been the sul•ject of favorable reports by committees of both Houses of Congress, all of which show that there is due these Indians, in fulfillment of treaty provisions, $181,051.66. 'l'his sum represents the per capita share and the amounts due the Pottawatomi~ Indians in Michigan and Indiana of the annuity and other moneys inuring to the Pottawatomie Indians under treaty provisions, which are carefully reviewed in there-port of the House Committee on Indian A:ffairsJ No. 1404, Forty-seventh Congress, first session, copy herewith. I respectfully recommend that provision be made in the sundry civil bill now be-fore your committee to enable this Department to settle these long-pending claims. A clause for that purpose is herewith submitted. Very respectfully, B. M. TELLEB, 8eoretary. Ron. W. B . .ALLISON, Chairman Senate Com-mittee on Appropriations, DEPARTMENT 011' THE INTERIOR, Washington, February 27, 1883. SIR: I have the honor to invite your attention to the matter of the Pottawatomie Indians of Michigan and Indiana, arising under treaty stipulations. 'l'he claims of these Indians have been pending before Congress for a long time. They have been thoroughly investigated by this Department, and have been the sub-ject of favorable reports by committees of both houses of Congress, all of which show that there is due these Indians, in fulfillment of treaty provision~'!, $181,051.66. This sum represents the per capita share and the amounts due the Pottawatomie Jndians in Michigan and Indiana of the annuity and other moneys inuring to the Pottawatomie Indians under treaty provisions, which are carefully reviewed in the report of the House Committee on Indian Affairs, No. 1404, Forty-seventh Congress, first session, copy herewith. I respectfully recommend that provision be made in the sundry civil bill now be-fore your committee to enable this Department to settle these long-pending claims . .d. clause for that purpose is herewith submitted. Very respectfully, Ron. W. B. ALLISON, Chairman Senate Committee on Appropriations. H. M. TELLER, Secretary. The following is a copy of the clause : "Fulfilling treaties with Pottawatomies of Michigan and Indiana: amount due the Pottawatomies of Michigan and Indiana for arrears of annuities under various treaties, specifically set forth in H. R. Report No. 1404, Forty-seventh Congress, first session, $181,051.66. [House Mia. Doc. No. 8, Forty-fifth Congress, second session.] Memorial of certain Indians residing in Michigan ana Indiana, for reliej. JANUARY 15, 1878.-Referred to the Committee on Indian Affairs and ordered to be printed. To the Senate and House of Representatives of the United State8 of America in Congress assentbled : . Your memorialists are that portion of the Pottawatomie Nation of Indians which, by the proviflions of the treaty of September 27, 1833, were exempted from removal west of the Mississippi River, and are now residing in the counties of Cass, Van Buren, and Berrien, in the State of Michigan, and Saint Joseph County, in the State of Indiana, and by their duly constituted business committee, and attorney, a resident in their vicinity, in tnese premises would most respectfully represent: That from the earliest knowledge of Indian affairs up to 1S33, there has been a united nation of Indians known as the United Nations of the Ottawas, Chippewas, and Pottawatomies, for many years known and treated with as the Pottawatomie Nation of Indians, residing upon and occupying that portiOn of the United States 8 POTT.A. W .A.TOMJ.E INDIANS. now eml1raced in the States of Ohio, Michigan, Indiana, Illinois, and 'Visconsin, and which nat.ion includetl the bands known as the bands of the Prairie and Kankakee. From the earliest history of the Government they have been friendly toward the pioneer settlt>rs in their midst, and as early as 1795 entered into a treaty of peace and friendship wi1h them, antl they, with other tribes who claimed some title to the same, relinquished their right of possession to the greater part of the territory of Ohio; since which time the nation, as such, has at all times kept and maintained her covenants of peace and fidelity to her treaty stipulations. At different times since 1795, especially in the years 1809, 1818, 1821, 1826, 1828, 1829, 18:~2, 1833, and 1846 (see exhibit of treaty stipulations hereunto attached), the Govern-ment has purchased, by the different treaty provisions, vast tracts of land, amounting in the aggregate to about twenty-five million acres (25,000,000), therein stipulating to pay certain sums of money annually forever, or for a given term of years; also to provide them with means to support blacksmiths and supply their shops, for education, salt, etc. (See exhibit of treaty stipulations and citations.) In 183~ or 1833 the Govern-ment adopted the policy ofpurchasing theirremaininglandsand reservations, which were speciijcally guarantied to them in former treaties, and inducing them to remove west of the Mississippi. .A.s the rt>sult of this policy, before 1837 the Goveri;J.ment had purchased all their triballanus in the said States, and all of the Pottawatomies were under treaty stipu-lations to remove from their reserves and go west of the Mississippi, excepting only those whose interests are herein presented. (See exhibit of treaty stipulations and citations of same.) On thl'\ 26th and 27th September, 1833, there was a treaty concluded between the Government and this nation, in which the Indians ceded the last lands which they as a nation held in common, the same being estimated in the treaty at 5,000,000 acres, being less than one-fifth the amount they as a united nation had, at different times, ceded to the United States. (See exhibit, etc., and citations.) A portion of the nation, being the band ofPokagon, the second chief of the nation, then numbering some 350, the same being your memorialists and their ancestors, did not desire to remove West, and did not enter into the treaty of t.be 26th September, 1833, bnt on the following day, by articles supplemental, they united in the cession of the 5,000,000 acre tract (the property of the nation in common), and they also ceded tribal and band reserves guarantied to them under former treaties in the State of Michig-an, amounting to 164 sections, upon which they were then residing. The old chief, Pokagon, was very anxious to remain in Michigan. He and his people bad become greatly attached to their religious and educational missions; they were a quiet, religious, and orderly people, agreeable and friendly to the settlers; and it was well known to the United States treaty commissioners that they were determined to avoid treaty stipulations to go West; and, allcording to their desires, they were permitted to remain, and their just proportion of annuities dne under forrner treaties, and that arising from the proceeds of the sale their reserves (the 164 sections ceded), should be paid to tbP.m. Five million of acres of land west of the Mississippi River were secured by the second article of the treaty entered into September 26, 1833, to that portion of the nation t.hat by this treaty bad stipulated for their removal West, "in part considera-tion" of the 5,000,000 tract ceded to the United States in the first article of same. In 1846 (see vol. 9, page 853, same) the Government purchased the 5,000,000 west of the Mississippi, and set apart $643,000 as a fund in trust for the Pottawatomies, stipu-lating to pay them 5 per cent. interest on the same, amounting to $32,150 per annum, to which treaty your memorialists were not parties, and to the money therein stipu-lated to be paid ruake no claim, whatever might be the equitable rights of your memorialists in the premises. In accordance with the provisions of the supplemental treaty bearing date Septem-ber 27, 18:~3, to which your memorialists were parties, and which was made for the direct and sole purpose of defining and protecting the rights of your memorialists (and with them only), your memorialists removed to L'Arbre Croche; but finding the climate inhospitable and the resident Indians unfriendly, they, by and with the con-sent of the Government of the United States, rls of the treaty book. They say that there are from two hnnrlred to two hnnrlred and fifty of their tribe still in Northern Indiana and Michigau. A number of these, as well as the Ottawas, are very desirous of be-coming citizens, and there are some hnndrerls, I have no doubt, worthy of the boon; b~1t how their application will be responded to is another question. I regret the necessity of troubling you with so many questions a~ have of late been pres:sed upon nw, bnt the paucity of information left in the office by my predecessor renders it in-dispensable for me to know what course of policy has or should be adopted. I am, respectfully, your obedient servant, ROBERT STUART, Acting Superintendent Indian Affai4·s. After the receipt of this letter, Mr. Crawford, then Commissioner of Indian Affairs, awarded your memorialists $1,587.50 as their just proportion of the $16,000"perpetual auunity of treaty of July 29,1829, and the$2,UOO"of treaty of the 27th of September, 1-33, which award, as thus made, included but one of the former annuities; when the treaty explicitly reads" their just proportion of all former annuities." . The following is the copy of the said letter of the honorable Commissioner making this award, as the same appears in Senate report No. 111, second session Thirty-eighth Congress: OFFICE INDIAN AFFAIRS, May 17, 1843. SIR : My letter to you of the 19th instant informed you of the views of this office re:specting the right of the Chippewas of Swan Creek and Black River, yet in Mich-igan, to participate in the benefit& of the annuity due the bands, the whole of which ba~ heretofore been remitted west. !now reply to the remaining portion of your letter of the 25th March, viz, relative to the Pottawatomies, who claim the privileges granted under the supplemental arti-cle t.o ihe treaty with the united bands of Chippewas, Ottawas, and Pottawatomies, of Soptemher, 18fi~. which is in the followin).!.' words: ".And as :sillC: t~ rhe ~:;igning of the treaty a part of the band residing on the reserva-~ions in the Territory of Michigan have req nested, on account of their religious creed, POTTAWATOMlE INDIANS. 11 permission to remove to the northern part of the peninsula of .1-'.l.ichigan, it is agreed that, in case of such removal, the just proporr.ion of all annuitie:; payable to them under former treaties, and that arising from the sale of the reservatiou on which they now reside, shall be paid them at L' Arbre Croche." By the tenor of this article it would seem that their claim is well founded, and that they are entitled to their numerical proportion of those annuities payahle to the tribe under the treaty of 18~9, and nlso under the Rnpple1neutary article of the treaty of 1833, amounting together to$l8,000. Therefore, e:st,imating the number of the Chicago indians at 2,834, including the ~50 reprf'seuted by yon, t be share that would be to the latter would amount to $1,5~7.50, or $6.35 to each individual. Accordingly that sum will be remitted to you, to be paid out to them as their share of the anuuities. Very respectfully, your ouedient servant, T. HARTLEY CRAWFORD, Com'missioner. ROBERT STUART, Esq., Detroi.t, Mich. It will be noticed that the honorable Commissioner made the award upon the data of 2,834 Pottawatomie Indians, including 250 of your memorialists, which is consid-ered by him as the just proportion of the annuity to which your memorialists were entitled by the treaty of July 29, 18~!); and yonr memorialists fnrtller say that the sum of $1,587.50 was annually paid to us from hl4::t to 1865 h~elnsive, twenty-th.refl years, and that in accept.ing it our people gave receipts for their share of only one of the former annuities, being that of July 29, 18t9. (See the following letter of the Second Auditor of the United States Treasury.) TREASURY DEPARTMENT, SECOND AUDITOR'S OFFICE, January 12, 1872. SIR: In answer to your letter of 5th instant, by which you ask to be informed ''under and in conformity to what treaty stipulations the $1,587.50 were annually paid those Pottawatomie Indians remaining in Michigan, from 1843 to 1865 inclustve," I sentl herewith copies of three captions-in all of which the treaty stipulations are given-appearing on the several annuity pay-rolls for the period named py you, and on which the years are designated in red ink on the margins. Respectfully, E. B. FRENCH, Auditor. TREASURY DEPARTMENT, SECOND AUDITOR'S OFFICE, January 11, 1872. This form of caption was on the pay-rolls from 1843 to 1865, both inclusive, except-ing the years 1tl5l and 1865-(the above was written in red ink, etc.): "We, the chiefs, warriors~ heads of families, and individuals without families of the Chippewa, Ottawa, and Pottawatomie tribes of Indians, within the agency of Michilimackinac, acknowledge the receipt from William A. Richmond, acting snper-intendent of Indian affairs, of fifteen hundred and ei~hty-seven dollars and fift .v cents, in sums appended to our names, beiug our proportion of the permanent annuit .Y due said tribes for the year 1846, under second article of the treaty of July 29, 182H. and second article supplementary to treaty of 26th September, 1833" (voucher 5, set 5077, June 12, 1847). The form of the receipts given in the years 1851 and 1865 is substantially the same as the above, with the exception of the words "and second article supplementary to the treaty of September 26, 1833," which are not included in the same in form or .substance. (See letters accompauying the papers.) 2d. Your memorialists were exempt from removal west. In 1832, the Government had adopted the policy of removing the Indian tribes then inhabiting the reserves reserved to them, and which were being rapidly encroached upon by the tide of emigration then flowing into the territory east of the Missirssippi, and to that end treaties were entered into between the several tribes and the Govern-ment, by which the titles of the Indians to their reservations, as well as to their trilla I possessions, were extinguished by purchase. At the time when the Government of tn11 United States sought to extinguish the title of the Pottawatomie Nation to their n·servations and tribal possessions, your memorialists, then having made much pro-;_!;ress toward civilized life, obje:~ted to being removed with the other members of the nation, as will be seen by the affidavit of Lathrop M. Taylor, which is here submitted: RoLL No.7, AFFIDAVIT No. 20. Affidavit of Lathrop M. Taylor, aged sixty-five years, being duly sworn, states that he has resided iu Saint Joseph County, lud., since September, 1827, and during tbat 12 POTTA WATOMIE INDIANS. time nas known and traded with the Indians; be was present at the Chicago treaty iu 18:5:3; know old chief Pokagon and his band, and had for six years. Before going to that treaty Topenebee and Pokagon bands held a·council, and de-termined they would not sell their reserves, which were iu a good hunting and fish-ing country, and convenient to church and school. Pokagon, especially, was an ardent advocate of education among his people, and it was resolved in their council that they would not go west and abandon their churches and school privileges. Pokagon and his band camped a little way out of Chicago. They feared some ad-vantage n~ight be taken of them by the commissioners or I and speculators, and holding a11other council the1·e, they repeated their determination, and also appointed a com-mit tee to watch and kill upon the spot any Indian who should sign any treaty ceding their reserves, etc. Affiant saw Ma,gosaw armed and watching the door of the commissioners. Upon affiant asking Magosaw what was wrong, he replied, "Topenebee has signed the treaty; he is a traitor to his people. I will kill him as he comes dut. '' Affiant notified J. Bertrand, one of the interpreters at the treaty, who approached Magosaw, took him away, promised him a horse a.nd other property, and he signed the treaty. This and similar transactions made such changes that, on the following day, Poka.gon was compelled to sign the treaty. Affiant had an interview with old chief Pokagon, during this time, who was. greatly distressed about the turn affairs were taking. Affiant assured Pokagon that the Government was powerful, and was bound to have bis reserves, and that he better dispose of them when he could make the best terms. The old chief spoke feelingly of the friendship of his people toward the Government since the signing of the first treaty. The great amount of land his people had ceded to the Government. The confidence he bed entertained that the Government would deal justly with them. The attachment to their reserves, with the advantages of reli-gion,education, and subsistence that they then enjoyed on the hunting-grounds oftheir people; the earnestness of hi s manner when he said, ''If I could save the reserves for my children, I would gladly die in defense of their rights before I would sign the treaty ceding the lands of his children and people away," and he cried 1ike a child when he signed the treaty. The old chief told affiant at the treaty that it was understood that he and his peo-ple were to remain in Michigan, and have their full share of the annuities of that and all former treaties paid to them without going West. L. M. TAYLOR. Subscribed and sworn to before me this 15th day of December, A. D. 1870. (SEAL.] GEO. W. MATTHEWS, Clerk. L. M. Taylor, the above affiant, was a signing witness to the treaty, September 27, 1833; and in his affidavit 8tates that he has no interest in this claim. After the earnest and persistent protest against removal detailed in Mr. Taylor's affidavit, the following supplemental article to the treaty of September 27, 183:~, wa.s entered into between the United States and your memorialists, and which was afterward duly ratified and proclaimed as such, and which is as follows, and requires no comments here: "On behalf of the chiefs and head men of the united nation of Indians who signed the treaty to which these articles are supplementary, we hereby, in evidence of our concurrence therein, become part ies thereto. "And as since the signing of the treaty a part o(the band residing on the reserva-tions in the Territory of .Michigan have requested, on account of their religious creed, permission to remove to the northern part of Michigan, it is agreed that in case of such removal the just proportion of all annuities payable to them under former treaties, and that ar1sing from the sale of the reservation on which they now reside, shall be paid to them at L' Arbre Croche." In the further support of the proposition that your memorialists were exempted from removal West by the terms of this tre:.ty, we now submit, most respectfully and con fiflently, the following extracts from the evidence in this case, being the testimony of ~am nelL. Cottrell, who was the appointed sheriff to organize Saint Joseph County, Indiana, was subsequently elected to the same office, and was personally acquainted wit.h your memorialists, and assisted in the removal of the main nation: Synopsii of affidavits relating to Pottawatomie Indians of the Pokagon band, residing in Saint Joseph County, Indiana. ROLL No. 4, AFFIDAVIT N 0. 9. STATE OF INDIANA, Saint Joseph County, ss : (Page 1.) Samuel Cottrell, affiant, being duly sworn, says that he is aged sixty-eight years; resided in Saint Joseph County sin€e 1828; was appointed sheriff to organize PO'fTA W ATOMIE INDIANS. 13 said county; knew the settlers and Indians; knew the Pottawatomie Indians, ann at-tended their treaties in 1840; assisted in emigrating tl.tese· Indians; was intimately acquainted with many of the different bands of the same. (Page 2.) He was employed by Alexis Coquillard in removing Indians; as train-con-ductor Coq nillard was paid so much apiece for removing them; many opposed to going; had to hunt them up, and, in many cases, bind them and haul them into camp in wag-ons. (Page 3.) It being well understood by all of us that the Pokagon band were exempted from going West by a treaty of1833, and that fact distinguished them from other bands and, it being established: wae sufficient to cause their release from arrest and removal. This fact has always distinguished them in my memory; that many of said ban(l still reRide in this county, and have from 1836 to 184:~, and since; that the following list of such, with whom he is personally acquainted (except a few young children), are of said band, and residents now of said connty. (Page 4.) The same being carefully prepared by himself, signed by him, and contain-ing the names of89 parents and children, and that he has no interest in the claim of the same. (Pages 5, 6, 7, 8, and 9.) List of names, numbering 89 souls. Has no interest in th~ claim. SAMUEL L. COTTRELL. Subscribed and sworn to before me this 18th day of January, A. D. 1872. [L. S.] GEO. W. MATTHEWS, Clm·k. Also the following extract from the evidence of Evan C. Johnson, also an ex-sheriff of said S-aint Joseph County: ROLL No. 4, AFFIDAVIT No. 12. STATE OF INDIAN4., Saint Joseph Connty, 88; (Pagn 17.) E. C. Johnson, aged fifty-seven years, upon his oath, says that he is a resident of Saint Joseph County since 1831. But few whites were there then. Knew most of the Indians tllereabouts. Knew Pokagon and many of his band. Knew them to be Pokagan's band, because they were not arrested and taken west of the Mis-sissippi River, and they then numbered some 350, whereas all the other Pottawato-mies were compelled-to go West by the treaty provisions, and have remained there ever since. (Page 18.) Many Pottawatomies had to be arrested to be taken West by Alexis Coqnillard, who had authority for removing them. Pokagon's band was exempt, and this distinguished them. Affiant was elected and served as sheriff of Saint J osepb County from 1856 to 1860. I personally know that when they knew an Indian was of Pokagon's band they did not arrest him to go West. Knew Samuel L. Cottrell since 18:31, and know of no person who has had greater opportunities of knowing about the mat-ters in his affidavit, and have examined his affidavit and list, and know that which is stated relative to the resident Indians is true. Has no interest in the claim, etc. EVAN C. JOHNSON. Subscribed and sworn to before me this 18th day of Junuary, A. D. 1872. [SEAL.] GEO. w. MA'ITHEWS, Clerk. Also the following extract from the evidence of Hon. Thomas S. Stanfield, Judge of the Saint Joseph Oounty circuit court: RoLL No.4, AFFIDAVIT No. 13 STATE OF INDIANA, Saint Joseph County, 88: (Page 21.) Hon. Thomas S. Stanfield (affiant), being duly sworn, says that he is judge of Samt Joseph County circuit court; aged fifty-five; resided in said county since 1831. Has known Samuel L. Cottrell ever since then, and from the fact of official posi-tions, and being engaged in removing the Indians, no citizen had greater opportuni-ties, etc., with the Indians in their tribal relations. (Page 22.) Is personally knowing to the truth of many of the facts in Cottrell's affi-davit, and believes his statement i u detail to be truA. I would further say that I know of no man whose statement is entitled to more credit, or more likely to make proper 14 POTTAWATO.\llE INDIANS. o bse.rvation of facts, or more accurate in his recollections, or faithfulin his testimony. Has no interest in the claim, e~. THOB. 8. STANFIELD. Attest: A. N. DEACON. Subscribed and sworn to before me this lQth day of January, A. D. 1872. [SEAL.] GEO. W. MATTHEWS, Clerk. Also, the fol1owing extract from the testimony of Dr. Jacob Hardman, of South Bend, in said county and State: ROLL N 0. 4, AFFIDAVIT N 0. 11. STAT1l: OF I~DT A.NA, Saint Joseph County, 88 : (Page 13.) Also appears Dr. Jacob Hardman (affiant), being duly sworn, says that he is aged sixty-eight yean;; resided in Saint Joseph County since 1831; was the first practicing physician in said county.; knew all the settlers, and was ca.Ued as physician and surgeon for Indians, and treated old Chief Pokagon at his lodge, and became ex-tensively acquainted with his band; kept a book account of his fees with them, and was paid most of them at Cllicago treaty in 1tl33. Has carefully examined S&muel L. Cottrell's affidavit and list of names, and, from his knowledge of the facts, knows the facts are as therein sot up, and has no interest in the claim of said band. JACOB HARDMAN. Attest : A. N. DEACON. Subscribed and sworn to before me this 18th day of January, 1872. GEO •. w. MATTH"'l:WS, Cle1·k. Also, the following "testimony as to the character of the men whose evidence is submitted by your memorialists: STATE OF INDIANA, Saint Joseph County, ss: We, the undersigned, citizens of Saint Joseph County, in the State of Indiana, hereby certify that we have for over thirty years been acquainted with Dr. Jacob Hardman, of South Bend, Saint .Joseph County, Indiana; have known him as a prac-ticing physician; have read the affidavit of said Ha.rdman relative to the Pokagon banrl of Pottawatomie Indians, and that we know from the early residence of said Hardman as such physician, in his practice had great facilities for a thorough ac-qnaintance with the Indians in said affidavit mentioned, and that we have every reason to believe the statements to be correct, being acquainted personally with many of the claimants, and have no interest in the claim. . Lours HuMPHREYS, M. D., ' Examining Surgeon for Pensions and Mayor of South Bend, Ind. BENJAMIN WALL, Justice of the Peace. DWIGliT DEMING, County Commissionm· of Saint Joseph County. JOHN BROWNFIELD, P1·esident of South Bend National Bank. Following this is the official certificate of George W. Matthews, clerk of the Saint Joseph's circuit court, certifying that the persons whose names appear to the above are old and highly respectable citizens, occupying the several positions by them indi-cated. The original testimony from which these extracts are made is on file with the com-mitte{'s of the House and Senate of the United States. . 3. Your memorialists are entitled to share per capita in all annuities secured by treaty to the Pottawatomie nation of Indians, bearing date prior to September 26, 1833, in proof of which we respectfully submit the supplemental article of the treaty dated September 27, 1833, which reads: "On behalf of the chiefs and head-men of the united nation of Indians who signed the treaty to which these articles are supplementary, we hereby, in evidence of our concurrence therein, become parties thereto. "And as since the signing of the treaty a part of the band residing on the reserva-tions in the Territory of Michigan have req nested, on account of their religious creed, permission to remove to the northern part of Michigan, it is agreed that in ca.ae of POTTAWATOMIE Il-;DIANS. 15 such removal the just proportion of all annuities payable to th~m l'tHler former trea. ties, aud that arising from bhe sale of the reservation on which they uo w reside, shall be paid to them at L' Arbre Croche~" It will be seen on an examination of this article that your memorialists, after being exempt from removal west with the body of the main nation, were secured b.v the terms of this treaty, and the United States thereby agreed to pay the just proportion of all annuities payable to them (the Pottawatomie Nation) under former treaties. What is embraced in the term'' all annuities" has been frequently passed upon b.r the Department of the Interior and the officers having charge of Indian affaire, auu several committees, both of the Senate and House of Representatives, who have }Ja(l the subject under consideration, and all have uniformly concurred in recognizing tho right of your memorialists to share per capita in" all annuities" made payable to tlHl Pottawatomie Nation by treaties made with the United States and said Indian nation prim· to September 26, 1833. In support of this proposition, we respectfully refer to the letter of Robert Stuart, acting superintendent of Indian affairs (see page hereof), and the reply of T. Hartley Crawford, Commissioner of Indian Affairs. (Please see page hereof.) It will be seen from an examination of Crawford's letter that he awarded to yonr memorialists their proportior;. of one of the "former annuities" only, specifically d s-ignating the treaty to which the payment should apply, when in plain terms they were clearly entitled to their "just pl'oportion of all former annuit-ies," which includes some eleven annuities of eleven ''former" treaties then operative and in full force, and binding upon the United States. Regarding this error, the Comrnittee~n Indian Affairs of the Senate, in 1865, re-ported as follows, which is accepted as just and fair, and now only ask tllat it be faithfully applied to their cause and carried into effect! "While your committee -agree with the committee of the other house that Commis-sioner Crawford, by mistake, failed to carry out the principle adopted by him, by giving them, in fact, their just proportion of all annuities under former treaties, and undP.r the supplemental treaty of Chicago, and that it it~ just tllat such principle should now be applied, and that they should now receive their just proportion of an-nuities under all the treaties in which they bad !'!hared, as well as the annuities un-der the treaty of 1829, and supplemental treaty of 1833, they are at the samo time decidedly of the opinion that the only just construction to be given to that supple-mental article is, that, in case they did not 1·emove with the nation west, they were entitled to share in the annuities only." (Seep. 4, Rep. Corn., No. 111, Senate, sec-ond session, 1865, Thirty-e:ghth Congress.) The following exhibit, taken fr•nn the report of the Hon. S. S. Burdett, House of Representatives, hereafter (on page ) cited, makes exhibit at once of the holdings of the Senate and Honse committees, by quoting the Senate report, and including in it the eleven designated treaties, and their annuities, amounts, time to run, etc.; also quoting and adopting the above extract from the Senate Report No. 111, second ses-sion Thirty-eighth Congress. The following exhibit, taken from Goveruor Buckingham's report (No. 121, Unite(l States Senate), shows the annuities of treaties of a date prior to 26th Septem her, 1833. These annuitants, under the language of the article permitting them to remain, are not entitled to the annuities of September 26, 18:{~, it not being a "former" treaty; the treaty of the 27th bemg styled'' articles supplementary,11 etc., making it a present atHl not aformer treaty, of which the annuitants are entitled to their just per-capita pro-portion. Treaty. Annual amount. Time. -----1--------Amount Amount due first I .Amount due sec- Amount due due in semi-df' cade to ond semi-decade, third semi-1836. 1841. to 1846. decade, to 1851. Yrs . Yrs. Yrs. Aug. 5, 1795 $1, 000 Perpetual.. $1, 000 5 $5, 000 5 $5, 000 5 $5, 000 Sept.30,1809 500 .... do....... 500 5 2,500 5 2,500 5 2,500 Oct. 2, 1808 2, 500 .... do. . • . . • . 2, 500 5 12, 500 5 12, 500 5 12, 500 Aug.29, 1821 5,000 20 years.... 5,000 5 25. 000 Exp ..• -......... ·-·-······ Oct. 16, 1826 2. 000 22 years .. - 2, I 00 5 10. 000 5 10, 000 1 2, 000 Sept. 20, 1828 2, 000 Perpetual.. 2, 000 5 10. 0·'0 5 10, 000 5 10. 000 Sept. 20, 1828 1, 000 20 years. . . . 1, 000 5 5, 000 5 5, 000 1 1, 000 July 29, 1829 16,000 Perpetual.. 1ti, 000 5 80, 000 5 80,000 5 80,000 Oct. 20, 1832 15, 000 20 years. . . . 15, 000 5 75, 000 1 15, 000 Exp ...... . Oct. 26, 1832 20. 000 .... do...... . 20, 000 5 100, 000 5 100 000 5 100,000 Oct. 27,1832115 000 12years ... 15,000 5 75,000 2 30,000 ........... . June17, 1846 3UO Perpetual.. ............ ............ 5 1,500 ---------------------Total..·-····----............. 80,000 ..•... 400,000 ..... 270,000 ····-· 214,500 I 16 Treaty. Annual amount. POTTAWATO~llE INDIANS. Time. Amount dne fomth semi-dec.ade, to 1856. D ! tbl Due Amount due ue_s:,x se>enth fifth semi-dec- s::I~;~~c- semi-dec-·aue, to 1861. 1866 ade, to • 1~71. Yrs. Yrs. Due in 1872, for one year. Aug. 5, 1795 $1, 000 Perpetual.. 5 $5, 000 5 $5, 000 $5, 000 $5, 000 $1, 000 Sept. 30, 1809 500 .••. do....... 5 2, 500 5 2, 500 2, 000 2, 500 500 Oct. 2, 1818 2, 500 .... do....... 5 12, 500 5 12, 500 12,500 12,500 2, 500 Aug. 29, 1821 5, 000 20 years ................................................................. . Oct. 16, 1826 2, 000 22 years . .....••. ., ...... _ .. _ ............................................. . hi~: ili :tti! ~:WEi;~:·::::· \:::;;:::;: .:3: ::::::;;: :::;~;:: :::;;:;: ::::?;; Y~~J~: ~i~~ ig:~gg "i2~k~e~~~i:: ::::~: ~ ::::i:~bb: ~:::~: ::::i;~~b: ::::i:~: ::::i;~~~: ::::_:::i~~ Total •••• -~---~-- ............... -~~=-~f1l1:5o0 ------m,-500 1il."500 lit:500 22~ Previous to 1872, this measure had been repeatedly examined by the Department of the Interior. Pending the consideration of this m~asnre b.Y the Committee on Indian Affairs of the House of Representatives of the second session Forty-second Congress, tb.e Hon. William L. Stoughton, House of Representatives, addressed to the honorable Secretary of the Interior an inq niry, dated J nne 3, 1872, inclosing a copy of the above report and bill, stating that 3 greater portion of the Indians resided iu his district, and request-ing the opinion ofthe Department upon the report and bill, t.:> which the honorable Secretary responded by the following letter and report : DEPARTMENT 01!' THE INTERIOR, Wasll'ington, D. C., June 4, 1872. SIR: I have the honQr to herewith transmit for your information, and in reply to your letter of the 3u instant, in relation to report No. 121, United States Senate, ac-companying a bill to provide for the claims of the Pot.tawatomie Indians residing in Michigan and Indiana, a copy of a report of the Commissioner of Indian Affairs, to whom your letter was referred, wherein he expresses the opinion, which is concurred in by this Department, that the Pottawatomies referred to are justly and equitably entitled to the amount allowed them by said bill. Very respectfully, your obedient servant, Hon. WM. L. STOUGHTON, Bouse of Representatives. C. DELANO, Secretary. DEPARTMENT OF THE INTERIOR, INDIAN OFFICE, Washington, D. C., June 3, 1872. SIR: I hav-e the ho-no.r to acknowledge the receipt, by informal reference from the Department, of a communication from Ron. William L. Stoughton, dated this day, inclosing a report submitted by Senator Buckingham, together with Senate bill No. 944, relative to certain Pottawatomie Indians residing in Michigan and Indiana, and requesting the opinion and recommendation of the Department iu the matter. The communication of Mr. Stoughton and inclosures having been submitted for the -views of this office, I have the honor to state that I have examined Senator Bucking-ham's report and the treaties affecting the claims of said Indians, and am fully satis-fied that the Pottawatomies referred to are justly and equitably entitled to the amount allowed them by said report and bill. The papers referred to are herewith returned. Very respectfully, your obedient servant, Hon. C. DELANO, Secreta1'!J of the Interior. F. A. wALKER, Commissioner. And, in further confirmation of this proposition, the Senate has twice, once in the Forty-second and once in the Forty-thir(l Cougress, passeJ a bill awarding your memorialists $152,402.96 and an annual perpetual annuity of $2,844.87 from and after 1872, and the committee of the House of Representatives of the Forty-third Congress POTTAWATOMIE INDIANS. 17 Jeported favorably"on the Senate bill of same Congress, but the bill failed for want of time in the House, Congress adjourning before the bill was reached. 4th. The construction thus given to the supplemental article of the treaty of Sep-tember 27, 1833, being thus conclusive, it only remains to ascertain what "former treaties" existed at the dat.e of the supplemental treaty of September 27, 1833, in order to determine how much the United States by said treaty agreed and covenanteu to pay to your memorialist~>. To establish this point, the following reference to the treaties is given, and they will be found on the pages designated in the table in vol. 7, United States Statutes at Large: Date of treaty. Page of Page of treaty. annuity. Annuity. Time to run. $1, 000 Forever. 500 Do. 2,500 Do. August 3, 1795 ................................... .. September 30, 1809 ................................ . October 2, 1818 ................................... . August 29, 1821. .................................. . ~~i.~~iJ&.r~~r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~::::: ~:::::::::: ::::: 49 113 1!<5 2IH 295 317 317 320 378 394 399 51 114 185 220 296 317 317 320 379 395 401 5, 000 For 20 years. 2, 000 For 22 years. 2, 000 Forever. 1, 000 :For 20 years. 16, 000 Forever. 15, 000 I For 20 years. 20,000 Do. 15, 000 For 12 years. October20, 1832 .................................. .. October 26, 1832 ................................... . October 27, 1832 .................................. .. See United States Senate Report 121, s~"cond ses~ion Forty-second, Congress. To this exhibit must IJe add.ed the $~,000 anuuity for twenty years of treaty of Sep-tember 27,1833, which was made solely with your memorialists; .and $:300 annually after 1847, as one of the salt provisions of a treaty prior to 1833, was then commuteu in cash, and after that paid as an annuity. Under the strictly legal and accepted ruling upon the treaty of September 27, -1833> your memorialists are not entitled to participate in any of the moneyed considerations of the treaties with their people, !Jut "ann·uities" of'' former" treaties; this exclude. • them from sum·s of vast amount, as the following will exhibit, which the KansaR people alone can enjoy. The following sums, as annuities, etc., have been paid, or are due the Kansas Inrli-ans for reasons t>hown in the statement, but were improperly included in making the distril:ution, in the House report and bill in 1864, but are now by Senate bill and the reports excluded: $850,000 of treaty of September 26, 1833 .••••••••••••••••••••.••••• ·----· $850,000 of treaty of June, 1846 ...... ------ ...••..••..•.•••......•••••••• These were improperly included, as these were not treaties "former" to September 26, 1833, which was the treaty of separation. $5,000 educational fund, annually for thirty years, 1836 to 1866, by treaties of1826, 1828, and 1829 .................... ·-·-·· ..................... . $3,440 blacksmith's fund, annually for thirty years, 1836 to 1866, by treaties of 1826, 1828, and 1829 ... _ ..•........•••...............•....•......•.• $910 for salt, annually, for thirty years, by treaties 1795, 1826, and 18~8 .•. These last funds were improperly included, because they are not annui-ties; they are specific funds not divisible, or distributed as annuities. The treaty of Reparation says all "annuities" of former treaties. To this sum must be added 5 per cent. per annnm on $ti43,000, the trust-fund of treaty J nne, 1846, which was $32, l50 for twenty years, 1846 to 1866 • ----•. ----. ---- •• -- --- •. ----. --- ••••• -.-- -- - --. --- --. -.-. -- ••• -.-$850,000 850,000 150,000 103,200 27,300 643,000 Total .••• _ •.• _ •••••• _ ••.••••.••••.•••.•......•••••••• - •..•••••• -.. 2, 623, 500 This exhibits the amounts from which the Michigan and Indiana people are by present rulings excluded, and sufficiently explains why the Kansas people resisted the cause in 1860-'66. This also sheds light on the agreement which the Kansas people urged so strongly. It was their personal interest to release these funds from the claims of the eastern Indians by this agreement. By the treaty dated September 27, 1833, these Indian~:; becamft separate peoples, with distinct, separate rights, by tbe t.reaty. The Govern-men owed each a definite sum. This agreement was not made in the interest of tl1t1 Government, nor with any intention of releasing the Government from its obligatiom.; to the Michigan and Indiana people, nor was the Government in any sense a party 1 o H. Rep. 3502--2 18 POTTA W .ATO.MlE INDIANS. it. The eastern Indians had no right to participate in these funds, and now make no claim to. Having given the treaties nnrler which tlH•se annuities are secured to be paid, and we trm.;t ~s agreed to be paid to the Pot-tawatornies, including your memorialists, prior to 1833, at which t.ime the supple-mental treaty hereinbefore referred to was entered into, will be fouuu in the report of the Secretary of the Interior to the House of Representatives, dated .May 14, 18o8, an extract from which is as follows: The Secretary of the Interior, in his report to the House of Representatives, May 14, 1l::l68, reported the followiug a" the perpetual annuities due the Pottawatomies. (See Ex. Doc. No. 290, second session Fortieth Congress:) PERMANENT ANNUITIES, Treaty of A ngust 3, 1795, article 4 (see Statutes at Large, vol. 7, p. 51), paya-ble in silver ................••••••...................•...............• Tre~,t.y of September 30, 1809, article 3 (Statutes at Large, vol. 3, p. 114), pay-able in silver ...........................•••.....•...•.•.............. Treaty of October 2, 1818, article 3 (Statutes at Large, vol. 7, p. Hl5/, pay-able in silver ........................................................ . Treaty of September 20, 1828; article 2 (Statutes at Large, vol. 7, p. 317), pa:vable in money .•••••...•....••...•••.••....•....... _ ••............ Treaty of July 29, 1829, article 2 (St!ttutes at Large, vol. 7, p. 320), paya-able in specie .•...•.••.........•••... - ••..........•..• _ ............. . Treaty of September 20, 1828 (see reference above), and of June 5 and 17, 1846, article 10 (Sta,tntes at Large, vol. 9, p. 1:!55), payable in lieu of tobacco, iron and steel ...•.....•...................•••......••.....•• Treaty of October 16, 1826, article 3 (Statutes at Large, vol. 7, p. 29G), and of September 20, 1828, aud of July 2~, 1829 (references as above), Leing for blacksmith, iron, steel, etc ....................................... . Treaty of~uly 20, 1829, article 2 (reference as above), being for salt ..••• $1,000.00 500.00 2,500.00 2,000.00 16,000.00 300.00 2,820.00 437.50 Total amount of permanent annuities ••••••••••••••••••••••••••••• 25,557.50 The just per capita proportion of these, due your memorialh;t~. is ~2,844.87, the same being determined upon their relative numbers iu 18ot.i and ll:ltid, when distribu-tion was commenced on the basis of $22,300, instead of $25,fi57.56, as set forth in tht~ report of the Secretary above; this difference being caused by reason of the deduc-tion from the amount found by the Secretary of all sums due from any other source than those which were stric.tly ann·uitit·B. It should be observed that by treaty of September 27, 1833 (vol. 7, U. S. Stat., pa.ge 442), all the annuities are made payable in specie. The premium was paid in 186G, being 42 per cent., about. No premiums or interest are a~ked or included in this case, although these two items alone would, in equity, more than equal the present bill. Their demand is simple justice. 20 POT'fAWATOMIE INDIANS. From the foregoing statements it will be seen that at the end of the fiscal year end-ing June, 1872, there was remaining due and unpaid to your memorialists, afrer de-ducting all payments made to them on account of the several treaties, the sum of $152,602.96; the proportion dne to your memorialists annually from the perpetual annuuities being $~,844.!:;7. At the close of this fiscal year (1878) there will be due, in addition to the sum found above, six annual payments of $2,844.87, which~ being added to the sum due in 1872, aggregates the sum of $1ti9,67i.18, which last-named sum represents the actual amount of money due to your memorialists on account of these several annuity treaties, on the payment of which your memorialists agree to release the Government of the United States from all future obligations on account of the same. February 19, 1864, the Committee on Indian Affairs ef the Honse of Representatives reported in favor of the case, awarding $192,845 (see Report H. R. No. 19, 1st sess. 38th Cong.), and the same session the House passed an act allowing them that sum. But there were two errors in this rPport: one was that it included the moneyed bene-fits of other treaties than "former treaties" to September 26, 1833, and other funds than "annuities," as fully shown on page 16 hereof. This greatly increased the amount over what it should have been· had no other error been included; but the other error was this distribution was calculated upon the supposed existence of6,180 of these people when in fact, as hereinbefore shown, there were Lut 4,090. This error greatly reduced the amount-nearly to the same extent that the other error in-creased it. The Senate, in 1865, as fully stated on page 16, and decision of the committee, quoted on pageS hereof, corrected the first error by excluding the amounts before im-properly included iu making the distribution, but failed to correct the other error re-garding the number of Indians; 6,180 Indians were used in calculating the distribu-tion (see page 4, Report U. S. S. No. 111, 2d sess. 38th Cong.), when there should have been but 4,090, as will be seen on an examination of the correspondence be-tween Senator Buckingham and the Hon. Columbus Delano, then Secretary of the Department of the Interior. Pending the examination of the case by Senator Buckingham, on the 25th March, 1872, he addressed four letters of inquiry to the Secretary of the Interior, in one of which he inquired the number of Pottawatomie Indians residing in Kansas since 1836, by semi-decades, up to 1866; another, inquiring the number of your memorialists re-sident in Michigan at the same periods; another, inquiring the amounts paid your memorialists within the same period, and in compliance with what treaties; and a fourth, inquiring whether the treaty of Camp Tippecanoe, October 20, 183i, between the United States and the Pottawatomie "bands of the Prairie and the Kankakee," was regarded as made with the Pottawatomie Natiou, or a part of the same known as bands ofthe Prairie and Kankakee. The following are the replies: DEPARTMENT OF THE INTERIOR, . Washington, D. c., March ~7, 1872. SIR: I have received your four letters, dated the 25th instant, asking certain in-formation in reference to the Pottawatomie tribe of Indians of the Prairie and Kan-kakee. In one you ask for a copy of the report of the Secretary of the Interior, made in compliance with the act of Congress apprcved March 2, 1861, in relation to the amounLs, if any, then due the Chippewa, Obtawa, and Pottawatomie Indians, now residing in the State of Michigan. I inclose herewith a copy ofthe report. (See document 19, Ex. Docs., vol. 4, third t~ession Thirty-seventh Congress, herewith.) Your other letters ask for information not in the possession of this Department, but which can be found, as I am informed, in the office of the Second Auditor of the Treasury. I therefore addressed to the Second Auditor a letter asking the information for which you call, and I have the honor to transmit herewith the reply of that officer. Very respectfully, your obedient servant, C. DELANO, Secretary. Since writing the foregoing I am informed that the Second A nditor has failed to answer whether the Pottawatomie Nation, or only a band on a particular location, are included in the treaty concluded at Camp Tippecanoe on the 20th October, 183~, which treaty was made with the Pottawatomie tribe of Indians of the Prairie and Kankakee. I am informed by the Commissioner of Indian Affairs that the construction put upon this treaty includes the Pottawatomie Nation, and that the annuities which have been POTTA W ATOMIE 11\DIANS. 21 paid under the provisions thereof have been paid to the nation, and not to any part thereof known as Indians of the Prairie and Kankakee. I have no doubt that the construction of the treaty at the office of the Commissioner of Indian Affairs is correct. C. DELANO, Secreta1'1/• . TnEASURY DEPARTMENT, Second .Auditor'• Office, Ma1'ch 27, 1872. SIR: The papers herewith contain the information furnished May 4, 1871, Jannary 12, and February 28, 1872, to W. N. Severance, esq., attorney for Pottawatomies of certain bands, being the same requested by your letter of to-day, modified by sugges-tions in that of yesterday to you from Senator Buckingham, which last was filed in this office by Mr. Severance. Very respectfully, Hon. C. DELANO, Secreta1'y of the Interior. E. B. FRENCH, Second .Audit01·. Exhibit referred to and accompanying the above letter of E. B. French, Second .Auditor of the T1'easu1'y. The following exhibits the number of the main nation of the Pottawatomie Indians (those ref!iding west of the Mississippi) for the years indicated, as the same appears from the receipt rolls in the Indian Office: J. L. Jamison, agent, paid 3,764 persons in 1836. J. P. Simonton, agent, paid 76 persons in 1836. A. S. Davis~ agent, paid 3,390 persons in 1841. R. B. Mitchell, agent, paid 2,231 persons in 1846. J. R. Chenault, agent, paid 3,914 persons in 185L G. W. Clark, agent, paid 3,181 persons in 1856. W. W. Ross, agent, paid 2,142 persons in 1861. L. R. Palmer, agent, paid 2,20~ persons in 1tl66. The $1,587.50 was paid to those Pottawatomies residing in Michigan, in conformity to, and as their proportion of, the treaty of July 29, 1ti:29, nnd the second article of the supplementary treaty of September 26, 1833, for all tlw year8 that tho same was paid, excepting for the years 1851 and 1865, in which years tho treaty of 1833 is not included. The payment of the $39,000 in 1866 was made in conformity to the joint resolution of Congress approved July 28, 18G6 (Vol. 14, U. S. Stat. at Large, page 370). In 1843 Robert Stuart paid 253 Indians·--······························· $1,587.50 In 1844 Robert Stuart paid 269 Indians---··········---·················· 1,587.50 In 1845 Wm. A. Richmond paid 217 Indians·-·····---··-···.............. 1,587. 50 In 1846 Wm. A. Richmond paid :.!04 Indians .••..••• -..... •• . • • • •• •• •• •••• 1, 587. 50 In 1847 Wm. A. ·Richmond paid244 Iudians- ••..••••.•••• -··· ····-· ···--· 1, 587.50 In 1848 Wm. A. Richmond paid 260 Indians .••••. ··-··· .•••••.••••••••••. 1,5tl7.50 In 1849 Charles P. Babcuck paid 260 Indians .••..••••. --·····-··_-···-·-· 1. 587.50 In 1850 Charles P. Babcock paid ~1t3 Indians .•••••. - .• - ..• _ ......... _ .••• 1, 587. 50 In1tl51 Wm. Sprague paid 229 Indians ..•..•. ···-··--·----···-· .••• ·----· 1,587.50 In 1852 Wm. Sprague paid 214 Indians .. -· ••••••. ---- .. ·-----. __ ••..••••. 1, 587.50 In 185:J Henry U. Gilbert paid 219 Iridians .• _. ··-· ·- .....•••••..•••• ·--··· 1,587. 50 In1854 Henry C. Gilbert paid 236 Indians .••••• ·----· .••• ····-·········- 1,587.50 Iu 1855 Henry C. Gilbert paid 2~~6 Indians.-.-- •.••• -.. ----............... 1, 587. 50 In 1856 Henry C. Gilbert paid 221 Indians.-_--.-----. . . • . .. • . •• • ••• •••••• 1, 587. 50 In 11:357 A.M. Filch paid 229 Indians.-- ••••••• ··-··-·····----·........... 1,5tl7.50 In 1858 A.M. l<'ilch paid 234 Indians .••• ·-·····-------------··........... 1, 588.50 In 1859 A.M. Pilch paid253 Indians.--··· •••• ·--·--·· ...... ···-········· 1,587.50 In1860A. M. Filchpaid236Indiaus .. ---··-···-·-·-·· .. ··············••· 1,587.50 In 1861 De Witt C. Leach paid 235 Indians...... • • • • • . . • • • • • ••• • . • • • • • •• • 1, 587. 50 In 1tl6~ De Witt C. Leach paid 247 Indians ...... •••••• .••••• •••••• •••••• 1, 587.50 In1863 De Witt C. Leach paid 246 Indians .. -· •••• ··--··................. 1, 587.50 In H364 De Witt C. L~ach paid 242 Indians ____ -····----·····-·-----·--··· 1,237.50 In 1865 Richard M. Smith paid232 Indians: principal, in currency, $1,587.50; premium, ingold, $692.24 --···-·····--····-···· ---···········-·-··--· 2,279.74 In 1866 Richard M. Smith paid 338 Indians .. -- ••.•••••.•• - •• - -· ••••• __ .. 39, 000. 00 The above shows the number of Pottawatomie Indians residing in Michigan in the years indicated who received the amount as shown thereon, as the same appears from the receipt rolls on file in this office. ~2 POTTA W ATOMIE INDIANS. By reference to the report of Senator Buckingham, before referred to, it will be seen that the number of Indians residing' in Michigan and Indiana who are entitled to share in these immunities numbered 322, this number being ascertained from evidence then and now on file with the cnse. This number may be rt>garded as correct, notwith-standing the fact that in lt:lo6 the evidence on file in the Treasury Department shows that in that year 33d pt>.rsons were paid by the Government, as is evidenced by the receipted pay-rolls on tile in that Department . . For the purpose of securing their rights under these several trf'atieA, your memo-rialists visited Washington with vat:ied prospe~t of success, until in 1H;>9 they sent Ed ward Cowles, one of their people, to look after their matters. In 1861 he succeeded so far as to have an act passed directing the Secretary of the Interior to examiue their case and report to Congress, which Caleb B. Smith, Secretary of the Interior, made December 19, 1862 (Ex. Doc. No. 19, third session Thirty-seventh Congress). After receiving the report of the Secretary ofthe Interior, above referred to, and ordered by Congress, the Senate Committee on Indian Affairs made a report upon the qnestions involved in this case, from which we submit the following extract: ''While your committee agree with the committee of the other House that Com-missioner Crawford, by mistake, faile1l to carry ont the principle adopted by him, by giving them, in fact, their jnst proportion of all annuities under former treaties and under the supplemental t .reaty of Chicago, and that it is jnst that such principles should now be applied, and that they should now receive their jnst proportion of an-nuities under all the treaties in which they had shared, as well as the annuities under the treaty of 1829 and supplemental treaty of 183:~, they are at the sarue time decid-edly ofthe opinion that t,he only just construction to be given to that supplementary article is that, in case they did not remove with the nation West, t.hey were _entitled to share in the annuities only." (Seep. 4, Rep. Com., No. 111, Senate, second session, 'fbi rty-eigh th Congress, Hl65.) At the same session of Congress the House of RepresPutatives, having this subject under consideration, passed a joint resolution, to which we have before called your attention, awarding to your memorialists, as their share of the annuities secured to the Pottawatomie Nation of Indians by these treaties the sum of $19i,845. (See Re-port No. 19, first session Thirty-eighth Congress, H. R.) This action of Congress in 1865 and 18G6 was not the result of ex parte proceedings. The Kansas delegations were here with their experienced attorney and gave Cowles a most active, relentless, and even vindictive opposition. He was frequently ap-proached with propositions to compromise the case, and finally, in April, 1~66, he was threatened that, unless he signed the proposition in writing, they hall iot in their power to defeat his case. The proposition submitted by the Kansas Indians, and which was subsequently signed by Cowles, is in words following: "THE COWLES AGREEMENT. "The controversy heretofore existing between certain Chippewa, Ot.tawa, and Pot-tawatomie Indians of Michigan and the Pottawotatuie Nation of Kansas has been compromised and atljnstecl, the latter agreeing to pay the former the snm of thirty-nine thousand dollars, in full of all claims, past, present, and future, against the tribe, arising out of any treaty or otherwise." Dated Office Indian Affairs, Aprilll, 186[5]6. (Original on the files of the House of Representatives and a certified copy with the Committee on Indian Affairs, House of Representatives.) He was greatly distresse(l. He was assured that it contained no release to the Gov-ernment; that by signing it the Indians would lose no right-1 under the Government treaties. He was allowe1l no time to confer with his people in Mwhiga,n, and, believ-ing these representations, he signed it and reported to his people at once, as shown by the following evidence: Affidavit of Edward Cow lea-Synopsis of affidavit No. 43. He now resides in (Niles) Berien County, Michigan. Has received a common-school education. In 1859 he came to Washington to look after their annuities. Was de-layed from year to year, and resisted by the delegations and attorneys of the Kansas Indians. That in 1865 and '66 he was approached by them with propositions to compromise the claim, accompanied by threats thatunless heacceptedtheirproposition of$3U,OOO they had it in their power to defeat the case entirely. That a paper was presented him to sign in April, 1866. It was represented to him that this paper would notre- • lease the Government from paying his people all that it might owe them on t,he trea-ties with them. POTTAWATOMIE INDIANS. ·23 The Michigan Indians were poor and greatly distressed by debts and mortgages they had incurred, expecting to receive their annuities. They had built churches and school-houses, which they must lose unless they received what was due them from the Government. That many times ou the streets of Washington he was urged by people whom he did 11ot know to accept the proposition; that he became so embarrassed and distressed he hardly knew what to do; that finally, believing the agreement to be what it was represented and appeared to be, he signed it. That he would not have signed it if he had thought it capable of being construed to cnt his people off from their just rights under the treaties, and went horne as soon as possible and reported what he had done to his people in council. NoTE.-The remainder of his affidavit concernin~ the history of the protests, the circumstances of the payment, the representations of Mr. Johnson and others, is sub-stantially the same as that of Toposh, Rimon Pakagon, Francis Pakagon, Augusta, and the Motes, and others. After several councils, on the 14th of June, 1866, the Indians in full council unani-mously vot.,·d to notify th~ Government that they would not accept the Cowles agreP· mentor relinquish their Department of the Interior antl the House of Representatives had declared was <'ue them for their lands, and which they seemed to know and believe was due them. One of their people, Augustine J. Toposb, as the interpreter of their crnncils, be-fore the payment was made, and in the presence and hearing of Mr. Stuith and tho Indians, Aaid that the Indians in their councils bad instructed him to say to him (Mr. Smith) that, in full accortee will be continued or limited to tile accom-plit~hment of the purposes of the trust over the express language of the instrument cre-atiug tlte same (4 Den., N.Y., 385; 11 B. Mon., Ky., 23:3). "Pccy;ment must be made of the whole sum, and even where receipt in fttll has been given for a payment of part of an ascertained snm, it has been held 'fiOt to be an e:ctinc-fion of the debt (5 Coke, 117; 2 Barn. & Ad., 477; 11 Vt., 60; 2G Me., 88; 9 Joltns~, ~33; 17 ib., 196)." Upon the most critical oxami nation of t!te evidence of protest and the circumstances attending tb~ payment, it must be conceded that tbe Cowles agreement, even though it bad been properly obtained and the act in acconl with it! was, and remains in law, fully annulled in all legal respects and effects void. The joint resolution (vol. 14 United States Statutes, pago 370) read~>: ''To pay the Chippewa, Ottawa, ancl J?otta,wat,omie Inrlia,ns of 1\Iichigan, in pur-suance of an agreement and compromise made with th(~ Puttawat.omie Nation, so named and designated in the treaty of 1846 with the United States, tho snm or$:39,000, in full of all claims in favor of said Michigan Indians, either against the United States or said nations of Indians, present, past, or future, arising ont of any treaty maue with them, or any banu or confederation thereof, and the annuity now paid them is to be restored and pais; believing which, he signed it (see evi-dence, page 29, hereof), and the agreement itself sustains those representations. He or his people in no manner and at no time ever a~~reed to accept $:39,000 and releat)O their claims against the United States upon the treat>ies. The words "either against the United States or" and "and the annuity now paid them is to be restored and paid to said nation for the future," which appear in the act, are not, in fact, in substance, or by implication, to be found in the agreement upon which the act declares it is based. Pending the examination of the case by Senator Buckingham, on the 25th March, 1872, he addressed four letter~:~ of inquiry to the Secretary of the Interior, in one of which be inquired the number of Pottawatomie Indians residing in Kansas since 1836, by semi-decades, up to 1H66, anot,her, inquiring the number of your memorialists resident in Michigan at the same periods; another, inquiring the amounts paid your memorialists within the same period, and iu compliance with what treaties; and a fourth, inquiring whet,her t,he treat.y of Camp Tippecanoe, October 20, 1832, l1ctween the United States and the Pottawatomie "hands of the.Prairie and tho Kankakee" was regarded as made with the Pottawatomie Nation, or a part of the same, knowu as bands of the Prahie and Kankakee. The following are the replies: DEPARTMENT OF THE INTERIOR, Washi11gton, D. C., Ma1'ch 27, 1872. SIR: I have received your four letters dated the 25th instant, asking certain infor-mation in reference to the Pot.tawatomie tribe of Iudians of the Prairie and Kankakee. In one you ask for a copy of the report of the Secretary of the Interior, made in compliance with the act of Congress approved March 2, Ul61, in relatiou to tho amounts, if any, then due the Chippewa, Ottawa, and Pottawatomie Indians, now residing in the State of Michigan. I inclose herewith a copy of the report. (See Document 19, Ex. Docs., vol. 4, thinl session 'l'hirty-seveuth Congress, herewith.) Your other letters ask for information not in the possession of this Department, but which can be found, as I am informed, in the office of the Second Auditor of the Treasury. I therefore addressed to the Second Auditor a letter asking the information for which yon call, and I have the honor to transrniL herewith the reply of that officer. Very respectfully, your obedient servant, C. DELANO, Secretary. Since writing the foregoing, I a.m informed that the Second Auditor has failed to answer whether the Pottawatomie Nation, or only a uand on a particular location, are included in the treaty conclude1l at Camp Tippecanoe on the :!OLlt Oet.ober, 18:{2, which treaty was made with the Pottawatomie tribe of Iudians of the Pmirie aml Kankakee. I am informed by the Commissioner of Indian .Affairs that the construction put upon this t.reaty includes t,he Pottawatomie Nation, ~nul that the annuities which ha.,·e been paid under the provisions thereof have been rmi1l to the nation, and not to any pa.rt thereof known as Indians of the Prairie and Kaukakee. I have no donbt that the construction of the treaty at the office of tho Commissioner of Indian Affairs is conect. C. DELANO, Sec1·etar;lJ. TREASURY DEPARTMENT, Second .Aud-itm·'s Officr-, Mm·ch ~7, 187~. SIR: The pn.pers herewith contain the information fnruished May 4, 1871, January 121 and ]'ebruary 28, 187:.!, to W. N. Severance, esq., attorney for PottawatQmiet~ of 28 POTT A W ATO.MIE INDIANS. certain bands, being the same requested by your letter of to-day, modified by sng-~estions in that of yesterday to you from Senator Buckingham, which last was filed m this office by Mr. Severance. Very respectfully, Hon. C. DELANO, Secretary of the Interior. E. B. FRENCH, Second A'uclitor. The following exhibits the number of the main nation of the Pott.awatomie Indians (t.hose residing west of the Mississippi) for the years indicated, as the same appears from the receipt-rolls in this office: J. L. Jamison, agent, paid 3, 764 persons in 1836. J. P. Simonton, agent, paid 76 persons in 1S36. A. S. Davis, agent, paid 3,390 persons in 1841. R. B. Mitchell, agent, paid 2,231 personA in 1846. J. R. Chenault, agent, paid 3,914 persons in 1851. G. W. Clark, agent, paid 3,181 persons in 1856. W. W. Ross, agent, paid 2,142 persons in ld6l. L. R. Palmer, agent, paid 2,202 persons in 1866. The $1,587.50 was paid to tho&fe Pottawatomics residing in Michigan in conformity to, and as their proportion of, the treaty of July 29, 1tl29, anfl the second article of the supplementary treaty of September 26, 1833, for all the years that the same was·paid, excepting for the years 1851 and 1865, in which years the treaty of 1833 is not in-cluded. The payment of the $39,000 in 1866 was made in conformity to the joint resolution of Congress approved July 28, 1866 (vol. 14, U. S. Stat. at Large, page 370). In 1843 Robert Stuart paid 253 Indians ..•••• -----·------ ... -----·---- •••• $1,587.50 In 1844 Robert Stuart paid 269 Indians ...•...•.....•••••.•• --............ 1, 587.50 In 1845 Wm. A. Richmond paid 217 Indians ...••...•.•. -----· .• --........ 1, 587.50 In 1846 Wm. A. Richmond paid 204 Indians.............................. 1,!'•87. [>0 In 1847 Wm. A. Richmond paid 244 Indians.............................. 1, 587.50 In 1848 Wm. A. Richmond paid 260 Indians ........ --·e.................. 1, 587. f>O In 1849 Chas. P. Babcock paid 260 Indians...... .. • • • . .. .. .. . • .. . • .. . • • . . 1, 587. 50 In 1850 Chas. P. Babcock paid 218 Indians ........ _. .. . . • . .. . • • . .. . • • • . .. 1, 587. 50 In 1851 Wm. Sprague paid 2'29 Indians ............. _... . . • .. .. . • . . .. .. .. 1, 587. 50 In 1&2 Wm. Sprague paid 214 Indians .................. ·---·· ........... 1,5i:i7.50 In 1853 llt\nry C. Gillmrt paid 219 Inuiaus -----·. .... .. .... ...... .... .... 1, 587.50 In 1854 Henry C. Gilbert paid 236 Inuians ............. __ ... . .. .. .... .... 1, 587. r,o In 1855 Henry C. Gilbert paid 236 Indians . . ..... .. .• .. .. .. . . .. .. .. .. .... 1, 5tl7. 50 In 1856 Henry C. Gilbert paid 2'21 Indians ............. ----------........ 1, 587.50 In 1857 A. M. Filch paid '239 Indians. .. . ... ... . ... . .. .. .. .. .. .. • ••. .. . ... 1, 587.50 In 1858 A. M. J.i..,ilch paid 234 Indians..................................... 1, 587. 50 In 1859 A.M. Filch paid 253 Indians ............................. ----.... 1, 587.50 In 1860 A.M. Filch paid 236 Indians ................................. ---- 1,587.50 In 1861 De Wit C. Leach paid 235 Indians------- ........................ 1,5R7.50 In 186~2 De Wit C. Leach paid 247 Indians ..•.••••• ---- .... .... .... .••••. 1, 587.50 In 1863 De Wit C. Leach paid 246 Indians............................... 1, 5tl7. 50 In 1864 De Wit C. Leach paid 242 Indians_ .............................. 1,237.50 ln1865 Richard M. Smith paid 232 Indians: principal, in currency, $1,587.50; premium, in gold, $692.24 . .••. .... .••• •••• .••• ...... ..•. .... ...... .... 2, 279.74 ln 1866 Ri.chard M. Smith paid 338 Indians. . • • • .. . • • • .. • • . .. • .. .. . . .. . • . . 39, 000. 00 The above shows the number of Pottawatomte Indians residing in Michigan in the years indicated who rP.eeived the amount as shown thereon, as the same appears from the receipt rolls on tile in this office. As the questions arising in this case have so often been considered and examined Ly the several uepartments of the Government, with a uniformly favor:,~,ble result to your memorialists' claims for redress; as every question arising out of these several treatieM and the relations to, and the rights of, your memorialists under them, have been subjected to the most rigid scrutiny by the officers of the Government and mem-bers of the Senate and House of Representatives, we deem it unnecessary to add any-thing further. The reports of Senator Buckingham and the Ron. S. S. Burdett, of the House, are so full and coml)lete upon all questions arising in the case, whether these questions be of fact, of equity, or of law, that we submit them entire as a part of this memorial. In conclusion, we will only add that your memorialists are an intelligent, frugal, industrious, anu Christian people, fully competent to manage their own affairs. They nre at all times assured. by the highest authority of the Govern:nent that their cause is jnst, ~ncl are conscious that ultima.tely .it must preva.il. They arf) in wa,ut~ a.pd POTTAWATOMIE INDIANS. 29 have waited long for their money, diligently and continually urgtng Congress to en-aule the Sect etary of the Interior to pay them. It h· 1836. 1841, cade, to 1846. cade, to 1851. Yra. Yrs. Yrs. Aug. 5,1795 $1,000 PerpetuaL .. $1,000 5 $5,000 5 $5,000 5 Sept. 30, 1809. 500 .... do ....... 500 5 2, 500 5 2, 500 5 Oct. 2,1818. 2, 500 .... do ....... 2, 500 5 12. 500 5 12, 500 5 Aug. 29, 1821 5 DuO 20 years ..... 5, 000 5 25, 000 Exp. ~ . ~ . - ~ .. ---Oct. 16, 1826 2, 000 22 years ..... 2, 000 5 10, 000 5 10.000 1 Sept. 20, 1828 2, 000 Perpet11aL .. 2, 000 5 10, 000 5 10, 000 5 Sept. 20, 182S 1, 000 'JOyears . ... 1, 000 5 5, ouo 5 5, 000 1 July 29, 1839 16, 000 Perpetual .. 16, 000 5 80,000 5 80, 000 5 Oct. 20, 1832. 15,000 20 years ..... 15. 000 5 75, 000 1 15,000 E:xp. Oct. 26, 1832. 20,000 .... do 20, 000 5 100, 000 5 100, 000 5 Oct .. 27, 18:32. 15,000 12 y ears. 15,000 5 75, 000 2 ·ao, ooo June 17,1846. 300 Perpetual ... ·-- -·------- ·----------- 5 -----------------Total ..•. ........ ...... . ....................... . 8t!, 000 . ......... 400, 000 Years. Indianfl Indians in Total num-west of the Michigan ber of M i H s i s- and 1 ndi- Indians. sippi. ana. 13.16 ......................... 3, 8!6 250 4, 090 Jxil. ........................ 3, B90 27:3 B, 663 !8lG ........................ . 2, :!31 2GD 2, 500 !85L ........................ 3,!la 287 4, 201 1856 ......................... 3 181 ::SL 3, 462 1861 ......................... 2,142 304 2,446 1866 ........................ 2, 202 317 2, 519 1871. ........................ 2, 202 32~ 2, 524 1872 ......................... 2, 202 322 2, 524 ------ 270,000 . ......... Amount due the na- Per capita. tion. $80,000.00 $19.56 400, 000. 00 109. 20 270, OlO. 00 108.00 211,500.00 51.05 111, 50 l. 00 32.20 111, 500.00 45.58 111, 500. 00 44.26 111, 50(), 00 45.60 22, 300.00 8. 83 Add full annuity under treaty September 27, 1833, $2,000 for 19 years ....••••.••.•••.•••.•. There were paid" the memorialists from the year 18-13 to 1863, inclusive, 21 ~{~fif: ~~:~~~-:5:0: ~~~:~~~~~~::::: ::: ~=:: ::: ~==: :::::::::::::::::::::::::::::: $31: ~~~: ~~ In 1866, in accordance with public act .. • .. • • . .. • .. .. • • • . • • • .. • . • .. • • .. • • . .. • .. 3, 9u0. 00 $'),000 2, 5(10 12,500 2, 00!) lfl, ouo 1, ouo 80,000 100, 000 1, 500 ---214, 50ll Amount duetbe bands. $4, S90. 00 29, 8U. 60 29, 052. 00 14, G51. 35 9, 048 20 13,856. 3~ 14,030.43 14, 683. 20 2, 844.87 132, 8G7. 93 38, 000.00 170,867.96 75, 162. 50 Balance due memorialists ......•... --·----- .............. ------- ...................... _ .. 1 95,705.46 Annuity of $2,844.87 capitation, at 5 per cent. per anumu, equalH ........................ _ 56, sn. ;,o Due to make :final settlement ................... _ ........................................ __ 1::.2, 6u2. 96 POT'l'.A. WATOMIE 1ND1ANS. 'T'hc nllOVC rPport 1.:\ving- been adopted by the Committee on Indian Affairs or the Senate, and subsequent thereto, during the same session, the following bill was passed by the Senate: (S. 944.) Mr. Buckingham, from the Commil tee on Indian Affairs, submitted a report (No. 121), accompanied by the following bill; which was read and passed to a sccou.l reading: A BILL to provide for the claims«>./ the Pottawatomie Indian• residing in M·ichigan and Indiana. Be it enacted by the Senate and House vf Rep1•esentatit•es of the United States of ...4nm·ica in Congress assembled, That the Secreta:y of the Interior be, and he is hereby, au-t;horized and directed to pay, out of any money in the Treasury not otherwise appro-•priated, the sum of one hundred and fifty-two thousand six hundred nn1l two dolhns a,n(l ninety-six cents, to the bands of Pottawatowie Indians residing in .Michignu nut! lnu)aua, the BUill IJeing the amount of annuities due them to this date, under trcati1·s with them and with the Pottawatomie Nation, as we11~ts au amount eqnal to a capi -tal that would yield annuities which are due them fore•:er under existing treatie,;: Pronided, That said Indians, being hereby recoguized and c~clared to be citiz.ens .of the Unite! Jan. 7,1829 Annuity...................... 399 Oct. 27, 18..:2 15,000 Jan. :!1, 1833 Annuity .. .. . ..... • .. • .. .. •• .. 467 Dec. 10, 1834 1, 000 Mar. 16, 1835 Trust-fund, eto ..................... June 5 and 17, 850,000 ............... . 18<16. Trust-fund, interest annually. ·I· ......... do .. . .. . . . . 32, 150 ............... . gress. Forever. Do. Do. Do. Twenty years. Do. Life of. One vear. In orieand two year One year. Do. In J8i.l8. Do. Do. Do. Tweuty years. Ten years. Tweh·e years. Two years. (By treaty, June 5 and 17, 1846, the 57000,000 tract in Iowa was purchased by the United States, a trust-fund of $643,000 created, with an interest annuity of $32,150 annually, and other funds and lands granted to the Indians in Kansas.) About 1830 the Government adopted the policy pf extinguishing, by purchase, all Indian title to lands east of the Mississippi River. These annuitants, then numbering some 250, had made such progress in civilization, by the aid of their missionaries, schools, and the adoption of the modes of civil life, that they were resolved not to go west or release their Government reserve title to their reserves in Michigan and Indiana, then amou-lting, as shown in the treaty of Sep-tember 27, 1833, to (104,960 acres) 164 sections. By the treaty, September 26, 1833, the Indians who finally went to Kansas ceded to the United States their title to the remaining tribal lands, as estimated in the treaty, of 5,000,000 acres, and agreed to go west, receiving therefor 5,000,000 acres on the Mis-souri, in the (now) Stat.e of Iowa, and some$850,000 in annuities, trust-funds, school-fm~ds, and other moneyed provisions. This treaty was completed on September 26, 1833. These annuitants (the me-morialists) refused to and did not join in it or accept its provisions. But on the following day they entered into a treaty called "articles supplementary" to the treaty of the 26th. The following extracts from this treaty exhibit all of im-portance in this case: "Articles supplementary to the treaty made at Chicago, in the State of Illinois, on the 26th day of September, 1833, between George B. Porter, Thomas J. V. Owen, and William Weatherford, commissioners on the part of the United States, of the one part, and the united nation of Chippewa, Ottawa, ancl Pottawatomie Indians, concluded at the same place on the 27th day of September, 18:13, between the said commission-POTT.A WATOMIE INDIANS. 35 ers on the part. of the United Stutes, of tlJe one pnxt, ancl the cl1 iefs and J1eadmen of said united nation of Indians residing upon the reservations of land situated in the 'ferritory of Michigan, south of Grand River, of the other part. ".AHTICLE 1. The said chiefs aud headmen cede to the United States all their land situate, in the Territory of Michigan, south of the Grand River, being the reserva-tions at Notawasepe, of four miles square, contained in the tbird clause of the second article! treaty made at Chicago on tho ~29tll d<-LY of August, 1821; and the 99 sections ofland contained in the treaty made at Saint Joseph on the 19th September, lt!27; and also the tract of land on the Saint Joseph River,opposite the town of Niles, and extending to the line of the State oflndiana, on which the villages of Topenebee and Pokagon are situated, supposed to contain about 49 sections. · ''.ARTICLE 2. In consideration ofthe above cession it is hereby stipulated that the saitl chiefs and headmen, and their immediate tribes, shall be considered parties to tht! said treaty, to which this is supplementary and be entitled to participate in all the provisions therein contained as a part of the united nation; and, further, there shall be paid by the United States the sum of one hundred thousand dollars ($100,000), to be applied as follows: "(The rmnainnPr of the article, in four clanses, awards $10,000 to satisfy those who r.sked for iudivic1ual reserves; $25,000 to pay outside debts of the nation; $25,000 iu goods; and $40,000 in $2,000 payments for twenty years.) "On behalf of the chiefs and hert'lmen of the united nation of Indians who signen the treaty to which these articles are supplementary, we hereby, in evidence of our concurrence therein, become pa.rties thereto. ''.Audas since the signing of the treaty a part of the band residing on the reserva-tion in the 'l'erritory of Michigan ha.ve requested, on account of tbeir religious creed, permission to remove to the northern part of Michigan, it is agreed that in case of ~uch removal the just proportion of all annuities payable to them under former "reaties, and that arising from the sale of the reservation on which they now reside, shall be paid to them at L'.Arbre Croche." The treaties of the 2l:itb and 27th iu substance simply provide: 1st, on the part of the mu,in nation now in Kansas, that they were to remove west of the Mississippi within three years, on to this 5,000,000 tract, receive the entire benefits of all the moneyed benefits of their release of their Indian :title to occupancy of the 5,000,000 tract about Chicago, and the $..l50,000, while these annuitants were to remain in Mich-igan, and receive their just proportion of all former annuities there, their rights to the same rema.ining unchanged and unimpaired, aud the $100,000 mentioned in the treaty of September 2i, in consiucration of their tribal reserves (164 sections, 104,960 .acres) then ceded to the Government, and their interest in common in the 5,000,000 about Chicago. It appears from the recor(ls of the departments that the main nation then numbered 3,S40, and these annuitants 250 souls. These annuitants make no complaint of laches of the Government in these premises, prior to 1836. They confess the facts of having received their just proportion of all annuities, in full, np to that date, including the $60,000 in moneyed provisions, and one of the twenty installments of $2,000 under treaty 27th September, Ul83. The main nation wa.s removed west, many of them by force of the military of the United States. ThtlSA anunitauts were exempted, aud protected by the United States officers from such removal. They did and do now remain there, and are doubt-less as well civilized, christianized, anfl industrions Indians as there are in the United States, being good and unobjectionable citizens in community. As will be seen by Commissioner Crawford's letter accompanying the papers, they received no annuities nntil 18,13, when an award of $1,587.56, out of one of the ''for-mer annuities" of July, 1tl:29, which was then paid them. 'l'his payment was contin-ued to them until 1!:lG5. They colltinnally remonstrated that it was not tlleir just proportion of all t.he annuities due them. They pressed their case in the Department of the Interior and Congress, and in 1862 the Secretary of the Interior, in compliance with aet of March, 1861, reported $192,~50 due them. The Indian Committee reported unanimously in favor of the same, and the House passed a joint resolution awarding them that amount. (See reports accom-panying the papers.) But we must notice two errors in the same: 1st, the reports include the moneyed benefits resulting from an exchange, which the Kansas Indians aud United States Ly treaties in 1846 made, resulting in $850,000 in money to the Indians, which clearly, under the language of the treaty of September 27, before cited, does not belong t.o these annuitants, although it might so seem in equity that it did, this being a sub-sequent treaty to September 26, 1833, not a former treaty. This error greatly increases the award; and the second error was "supposing" the existence of 6,180 Indians, when in fact there were but 4,090 (see Secretary De-lano's letters and reports of 1865 and 1872), which error, to almost an exact. amount, rednced their proper a.ward; so that, in fact, the award of $192,850 was only wme $1,250 in error in their favor, at this date. 36 POTT.A. W ATOMIE INDIANS. Tho Sem,te (sro report of 1865) cort ected the first error, but failed to notice tl1tH1CC· ond, which greatly reduced their just award. The Senate committee found $50,9~5 their due as arrears, and by its decision established these annuitants in their rights to the perpetual annuities (the last limited annuity having expired in 1847); and they now only ask that this decision be applied to the settlement of this case upon the corrected data, as to the number of .Indian participants. ThH decision of the said committue is in t!te~e wonl.s: "While your committee agree with the committee of the otherhouso that Uommis-sioner Crawford, by mistake, failed to carry out the principle adopted by him, by gi viug them, in fact, their just proportion of all annuities under former treaties, and nuder the suppl<~mental treaty of Chicago, and that it is just therpetual .•.••. 2, 000 5 10,000 5 10, ovo 5 10,000 Do .•.... 1, 000 20 years ....••. 1, (11)0 5 5, 000 5 5, 000 1 1, 000 July 29, 1829 16,000 Perpetnnl ...... 16,0 0 5 so, 000 5 80,000 5 80,000 Oct. 20, 1ll32 15, ()00 20 years ....... 15. uoo 5 75, 000 1 15,000 Exp. ................. Oct. 26, 1832 20,000 .... do ..••..•••. 20. ouo 5 100, 000 5 100, 000 5 100,000 Oct. 27, 1832 15,000 12 years .••.•... 15, 000 5 75, 000 2 30, 000 ------ .......... June 17, U!46 300 Perpetual ..•... 5 1, 500 Total ••.••••••••..••••••••••••... 80, 000 400,000 ..... . 270,000 .••.. 214,000 Treaty. Annual amount. Time. Amonntdne fourtll semi· decade, to 1856. Dne A mount due Dnt1 sixth seventh Duo in 1872, fifth semi-dec- · s~d~i·dt~c- semi-dec- for oue ade, to 1861. 1806. a{~~f~ yea1·. -----ll-------------1---,----l-----l----1-----Aug. 5, 1795 Sept. 30, 1809 Oet. 2, 1818 Aug. 29, 1821 Oct. 16, 1826 Sept. 20, 1828 Sept. ~o. 1828 July 29, 1829 Oct. 2.0, 1832 Oct. 26, 1832 Oct. 27, 1832 June 17, 1846 Yrs. Y?·s. $1, 000 Perpetual 2 $5, 000 5 $5, 000 $5, 000 $5, 000 fl, 000 500 ... tlo . . . . 5 2, 500 5 ll, 500 2, 500 2, 500 500 2, 500 . __ do..... 5 12, 500 5 12,500 12,500 12,000 2, 500 5,000 20yea1·s ............................................................... . 2,000 ~2years ......................... . ..................................... . 2, 000 Perpetual 5 10, 000 5 10, 000 10, 000 10, 000 2, 000 1, 000 20 years . . . • • . . . . . . . .. - . . . . • . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . • .•..•..••• 16, 000 Perpetual 5 80, 000 5 SO, 000 80, 000 80, 000 1, 000 15,000 20years ..................................... ~ ........................... . 20, 000 .... do.. . . . . • • • . . . • . . . . . . • • . • . . . • . . . . . . . • • . • • • • • • • . . • • • • • . . • . . ••••••••••• 15, 000 12 years ..................................................... . ........... . 300 Perpetual 5 1, 500 5 1, 500 1, 500 1, 500 300 ----------1-----t------t------Total •••..••••••••..•••••••••..•.•.. 111,500 .•••.. 111,500 111, 500 111, 500 22,200 To award the annuitants their proportion of the above annuities only rf1jects all their claims to the educational and blacksmith's funds, they not being divisi1Jl1~ as annuities, to chiefs for salt, etc., wllich were moneyed provisions of the former trea-ties, i. e., those prior to 1833, but not annuities. It also cuts tb~m off from all par-ticiJ)ation in the $64:1,000 trust fund, and the $32, 1;:)0 annual interest on the same arising out of the sale by the KansaH Iudians of the 5,000,000 tract, as reserved to 1he Pottawatomies in Iowa, and solll to the United States by treaty in 1846. This was a subsequent, not a)ormer, treat.y to 18~~~{. POTTA W A.TO.MIE INDIAN IS. 37 It also cuts them off from participation in the land provisions arising out of tho treaty of 1846, by whi(Jh their Kansas brethren receive, by United States patent from 80 to 160 acres apiece, old anu young included. ' This may seem a hardship to the Michigan and Indiana people, but it is tho result. of what seems to be and is accepted as a proper construction of the treaty of Sep-tember 27, 1tj33, by which they were permitted to remain, and upon which their claim rests. The action of Congress in 1866 terminated by the passage of a joint resolution (No. 191, first sess. 39th Cong.) allowing these annuitants $39,000, in full of all denaauds either as against the Kansas Indians or the United States to be paid out of the trust funds of the Kansas Pottawatomies. This joint resolution states that its provision~! are the result of an agreement between tlw eastern and western InuianM. The facts as presented in the case are these: A Michigan Indian by the name of Ed-ward Cowles, who had a common English education, was not a lawyer and had 'no ex-perience in such business, was presentmg their case here. He was opposed by the Kau-sas delegation and their able and experienced attorney in such matters. They at sev-eral sessions of Congr£'ss made overtures for a compromise of his claims, which he re-jected, until, finally, he was presented with a proposition to accept $~{9,000, accom-panied by a threat that unless he entered into the compromise then they had it iu their power to defeat his case entirely, and a written agreement was presented him to sign. He was allowed no time to confer with his people; was assured that by signing it he would not prejudice the rights of his people for any claims for all bal-ances remaining due them from the United States nuder the treaties; and so believ-ing, he signed it, went home, reported to his people in council his action. They repudiated his agreement, revoked his power, employed Messrs. Baker & Richards, attorneys, to so notify the Government1 which the Indians were informed and believed was properly done, some six weeks betore the action of Congress, and supposed that that ePded all action on the Cowles agreement, and knew nothing to the contrary until some time in August following, when they received notice that $39,000 would be paid them soon, in full of all their claims. They file their affidavits in the case, stating that they were informed, and believt\tl, that the results of their councils were properly seut to Washington, notifying tho proper department of their refusal to relinquish their annuities or any part of them. JohnR. Baker files his affidavit of having written to Hon. Charles Upson, then their Representative in Congress, to t.ha.t effect. Hon. Charles Upson upon his oath states that he received such letter, identifying it by copy, and that he feels confident he gave the required notice to the Tepartment, which letter includes notice of revocation of Cowles's power of attorney for having exceeded his powers, etc., and was dated and ma.iled, and doubtless received nearly six weeks prior to action of Congress on the joint resolution. 'fhey held councils and unanimously instructed their interpreter to notify the agent of the United States making the payment that they would not receive it under the pro-visions of the resolution of Congress; but as they had contracted debts for schools and churches, expecting a large amount, etc., in their distress they would accept it only as so much paid on their just claim, to save their improvements from sheriff's sale, etc., which protest the interpreter fully made known to the agent of the United States making the payment, and before the money 'vas paid; that, upon this protest by council and friends, the Indians were ad vised, aud believed, and now fully believe, that by accept-ing the money they could not annul their treaty rights, which they held superior to a receipt, and sacred to them and the Government. Under these instructions, given in the presence and hearing of the agent of the United States making the payment, and without his modification or denial, but with the approval of his assistants, they ac-cepted it and gave the required receipt. It has been said that there is no valid basis for this case in the treaty of September 'rl, 1833; that the Government is not a party, and is not bound by the last-cited pro-vi-sion of that treaty. In considering this objection it must be remembered that the removal of these In-dians west was the principal object of the treaty; that permission to remain could only emanate from the United States as a party. By virtue of this article they did remain. In effecting the removal of the Indians by military force these annuit.ants were exempted, and protected in remaining by the United States officers, while all others who could be secured were arrested and taken west by force. Commissioner Crawford, contemporaneous with the events, speaks of it in his letter toR .. Stuart, Indian agent of this agency, as'' the supplemental article of the treaty," the art.icle, etc., of full and unquestioned authority and force in the premises. At all times it has been maintained by the executive and legislative departments of the Government as part of the treaty; was ratified as such by the Senate, and is so printed in the statutes. Both branches of Congress and the Department of the Interior, after frequent and protracted examinations, have established it::; authority as an article of the treaty. 38 POTTAWATOMIE INDIANS. These annuitants have ever believed it a valid article, and to test it by adverse sup-position, if it be not, then tbe United States have perpetrated a fraud npon thec,o pt'lople by maintaining them, where its obligations for a valuable considf'ration are invalid and of no force. It now seems that it must be held as bim1ing upon both parties as any other article of the treaty, and that in the true interest of both parties. As to the obligation or guaranty contained in this article protecting the ammitants iu their just proportion, it must be observed that, as the treaties by which the Governme11t purchased these lands prior to ISa3 provided for the payment of the annuities to the so anunitant.s in common with their people in Michigan and Indiana, any act on the part of the Government which permits them, or any part of them, to remain there contin ues the original obligation to pay them there, and no new promise or guarant.y is necessary from the United States other than permission to remain, or remaining by perrni'Ssion, which is the same in effect, to keep in fnll force the original treaty pro-visions to pay the annuities to these annuitants in Michigan and Indians. Again, t.he agreement as signed by the part.ies and presented as a defense to this case, does not recite that the $39,000 shall be accepted as any release of claims againt:~t the United States, but only as against the tribe. i. e., the Kansas Indians. This fully reconciles the representations made to Cowles, believing which, be states in his affidavit, he signed it. It must be noticed in this relation that the tribe owed these annuitants for noth-ing. They had no claim upon the trust, educational, or reserve funds of the same, ats these were created by treaties subsequent to 1833, and including 26th September, 1833, in which it is decided and accepted these annuitants have no claim. The Government has at all times paid Indian annuities to the annuitants, per capit.a 1 at their villages or place of residence. The Government clearly permittecl these au-nuitants t.o remain in Michigan, hence this agreement can not be held as any bar or barrier to the case of the annuitants. Tbe resolution, as it passecl Congress, in addition to the language of tl1e agreeme11t, which is in writing and signed by t.he parties, recites ''or against the Dnited Slates." It will not be doubted that cestui que trusts, competent to contracts, may, hy co11tract., release the trustee, but that agreement must be clear, specific, aud properly obtained. Here we have the agreement in writing signed by the parties; and itcer-tainly can not be maintained that it even attempts the release of the United States as trustee, purchasing debtor, or otherwise, which leaves the joint resolution, as far as the claim of these annuitants is concerned against the Government, entirely foreign to the agreement executed by the parties in the premises. The following shows the manner of determining the amount now due these annui-tants on final tsettlement, taking the last table and the numbers of Indians as estab- • lislJerl by the record and facts in the case as the data: «g . ...; ;Eai ~ :l<\1 a) H..-. H bl' ~ .ttlement with the Pottawatomie Indians .of Michigan and Indiana, under treaty stipulations existing with them," having considered the same, make the following report : This bill appropriates the sum of $155,447.83, due to the Pottawatomie Inrlians who are now citizens of Cass, Van Buren, and Berrien Counties, in the State ofMichigan, and Saint Joseph County, Ind., in full settlement of all claims whatsoever, under treaties with the United States, and for the surrender of their lands and reservations to the Government. The history of this claim in favor of the Pottawatomie Indians of Michigan and Indiana shows that for twelve years past they have personally, and through their representatives, urged its s~~ ttlement before Congress, an(l dnring all that time their claim has been recommended to be paid by the Indian Office, aml favorably consid-ered by the Senat.e and by the Committee of Indian Affair.:~ of this House. It has at no time been reported adversely. The committee therefore deem it sufficient to report the facts briefly upon which they recommend the passage of the Senate bill and the payment of the sum men-tioned. The following testimon.v will, we trust, fully explain everything connected with the payment of the $39,000 provided for by the joint resolution of Congre111s, passed for the purpose of carrying into effe~t the agreement entered into between the Kansas Indians and Cowles, and , to which we have before referred. We desire to submit no comments upon this evidence. We append this evidence to our memorial and make it a part thereof. Testimony of ajfiants, Nos. 55 and 64, inclusive, roll 28. [Tho original testimony will bo found accompanying this memorial.] STATE OF MrcniGAN, County of Van Buren, ss: Before me, Cenius H. Engle, a notary public, in and for said county of Van Bnren1 personally appeared Augustine J. 'foposh, Cetone Mote, Cetone Mote, jr., James Po-kagan, John Koshwa, Alexus Chenigar, Joseph Bertrand, William Cowtuckmuck, and John Mix, who, being by me duly sworn, upon their oaths say that Augustine J. Toposh, Simon Pokagan, Cetone Mote, Cetone Mote, jr., James Pokagan, John Koshwa, AlexanderChenigar, Joseph Bertrand, Joseph Otuckwin, William Uowtuckrnuck, and John Mix, are members of the Pokagan band of Pottawatomielndians, residing in Cass, Van Buren, and Berrien Counties, Micb., and Saint Joseph Count,y, Ind., aud An gustine J. Toposh has for many years been living in their Ulidst, and acting many times as their friend, and at the payment of the $39,000, in 1866, as their inteqJreter to make known the protest of their people against accepting that sum as final, and their determination not to relinquish any of their treaty rights or annuities. 'l'hat their people, as shown by the former evi1lence in the case, now uumb ·r some 322 souls; that they are an inrlnstrions, orrlerl,v, frugal, and religions people, main-taining themselves, their chnrches, and schools, which they have built for their own people; and that they, as a people, are as fnlly competent to manage their QWll affa,\ra W~ an;r ot~er people in eq_ual CO!llmO~ wall~ !:i of life. 40 POTTAWATOMIE INDIANS. That before the payment of the $39,000, which was made in 1866, these people had received and fully considered and understood, at several full councils, the various re-ports of the Department of tho Jutninr, aud of the Honse of Representatives United States, w'1ich showed the Government owed them nearly $200,000, which they be-lieved to be just and right in amonnt; and for t.hese good reasons they wholly refused to accept the $39,000 as a full and iinaJ payment, alHl relinquish their treaty rights. But then being in great distrcsrs for money, being several years in deut, for money borrowed to build two churches and two school-houses in two parishes for their people and children, in full confidence of tlw early payment of the sum of $19:!,850, as stated by the Government to be due them for their lands, they were forced to accept thi:s $:39,000, as the only escape to save their improvements from sheriff's aud mort-gage sales, but accepted it only as so much paid on the amount due them. In 1Hti6, as soon as the Indians learned that the Government contemplated pay-ing them but $:~9,000, they in full council directed the proper department of the Gov-ernment to be notified of their determined protest; which was, tbat they could not accept. the $:~9,000 antl relinquish their annuities, or any treaty rights; which protest was made in writing, and by them forwarded to and received by Hon. Charles Upson, then in the city of Washiugton, D. C., their rtpresentatin~ in Congress, some six weeks before the passage of the act a warding them the $39,000. Again, at the pn~· Hwut., in 18G6, before llloney was paid, they, by Augustine J. Toposh as their interpreter, duly antl10rizetl so to do, stated to the ngeut of the Government llJaking the paymf'nt, that npon reports of the Government $192,850 was due them for their lands; that by the Government delaying to pay them they hatl become dis-tressed by debts; that they had no money or credit; that their improvements were liable to be sohl at sheriff's sale; that they must have the $:39;000, but that they would only give receipt for so much paid on their treaty rights, and not as the Gov-ernment wanted it., in full and final payment. They were then informed by friends, and advised by counsel, that they could safely accept the $39,000 and give the receipt demanded; that tho Government could not, a ntl woultl not, hold su0h receipt so forced from them as an abrogation of their treaty ri.rhts. <;rhey yet feared to sign the receipt lest it might endanger or destroy their treaty ri~hts to tht~ payment for the many broad sectionsoftheir land, in sight of and around them, then and now occupied by their n1ore fortunate white neighbors. There was one Rev. P. 0. Johnson, who came with the agent, and was assisting him, and by the Indians was regarded as an officer of the Government, speaking with au-thority, and· he told them that if they would sign the paper they could have the money, nnd that the Government, which was their great Christian guardian, and which for HO many years bad been the friend of their ,people and was yet their friend, would, upon a proper presentation of their case, pay them all that should be found due to them fNm the United States Government." Everything came to a stand-still for the whole day, or nearly so, when Mr. Smith, having k-nown me a.s a missionary to the Indians since 1843, advised them to counsel with me, as I ha

Claims of Munsee Indians

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Claims of Munsee Indians

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