University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18994-20-1894In the Senate of the United States. Letter from theSecretary of the Treasury, in response to the Senateresolution of December 21, 1893, transmitting areport from the Third Auditor of the Treasury andaccompanying papers relative to the Indian warclaims of the State of California.Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has beenaccepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administratorof University of Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationS. Exec. Doc. No. 84, 53rd Cong., 2nd Sess. (1894)53D CONGRESS, } 2d Session. SENATE. { Ex. Doo. No.84. IN THE SENATE OF THE UNIT.ED STATES. LETTER FROM THE SECRETARY OF THE TREASURY, IN RESPONSE TO The Senate resoliition of December 21, 1893, transrnitti'ng a report from the Third Auditor of the Treasury and accompanying papers relative to the Indian war cla,im,s of the State of'Oalifornia. A.PRIL 20, 1894,-Referred to-the- Committee on· Military Affairs-and· ordered to bO •····· """''"• ·· ·printed. TREASURY DEPARTMENT, . OFFICE OF THE SECRETARY, Washington, D. O., April 18, 1894. Srn: I arri in i;eceipt of the ·resolution of the Senate of December 21, 1893, as follows: · Resolved, That the Secretary of the Treasury be, and he is hereby, directed to r.eport to the Senate any and all matters not heretofore reported relative to the0 Indian war claims of the State of California, referred to and .recited in the resolu-tion of the Senate adopted December 19, 1889, and in so doing he shall report the amount of money the State of California claims to be yet due her by the United States as a full indemnity for all moneys by her expended, and for all liability by her assumed under her laws not fully reimbursed by the United States, in any matters growing out of her efforts to suppress Indian depredations in said State, and upon the borders thereof, and to aid the United States in maintaining the "common defense." In reply thereto, I have the honor to transmit herewith the report of the Third Auditor -of the_ Treasury, dated April 17, 1894, ~nd accom-panying pa,pers. · . Respectfully, yours, The PRESIDENT OF THE SENATE. J. G. CARLISLE, Secretary, TREASURY DEPARTMENT, OFFICE OF THE THIRD AUDITOR, Washington, D. O., April 17, 1894. , SIR: I have the honor to return Senate resolution of December 21, 1893, relative to the Indian war claims of the State of California, which you referred to me on December 22, 1893, for report. The resolution directs the Secretary of the Treasury to report to the Senate any and all matters not heretofore reported relative to the Indian war claims of the State of California. referred to and recited in the reso-lution of the .Senate adopted December 19, 1889, and in so doing to report the amount of money the State of California claims to be yet due 2 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. it by the United States as a full indemnity for all moneys byit expended and for all liabilities by it assumed under its laws not fully reimbursed by the United States, in any matter growin~ out of its efforts to sup-press Indian depredations in said State, and upon the border thereof, and to aid the United States in maintaining the '' common defense." In compliance with Senate resolution of December 19, 18S9, two reports were made by the Third Auditor, dated January 13, 1890, an~ May 8, 1890, respectively, embracing complete statements upon_ all Cali-fornia Indian war claims then within the knowledge of this office. ( Vid-e Senate Ex. Doc. 122, Fifty-first Congress, first session.) On December 26, 1893, California filed a further statement, _together with a mass of papers and exhibits, setting out in great detail all _the items of its claims, including not only the matter which the auditor has considered in the two reports referred to, but additional claims not heretofore presented. A careful analysis of the matter now presented shows that the entire amount which California claims to be yet due it from the United States as a full indemnity for all moneys by it expended, and for all liabilities by it assumed in. the suppression of Indian hostilities, etc., is as follows: Item A.-For expenses in suppressing Indian hostilities prior to January 1, 1854 ·----- -··· •••. •••·•· .....••••. ····-· ··--·· •••••• ••.•.••••••••• $271,849.73 Item B.-For Mendocino expedition in 1859 .•.•••.• ___ • . . • • • • • • • • • • • • • • 9, 294. 53 Item O.-For Carson Valley or Washoe hostilities in 1860 ..•••• _.... •• • 12,106.87 Item D.-For miscellaneous claims, as per schedule . _ ..... _ •••.. _...... 54,907.03 Item E.-For expenses in suppressing Indian hostilities in the years 1854, 1855, 1856, 1858, and 1859 .. _.... • • . • . • • . . . . . . . . . . • • • . . . . . . . . . . • . . . . . • • 219, 075. 95 Item F.-For amount of noninterest-bearing State obligations (Indian-war bonds and certificates of indebtedness) issued under State acts of April 25, 1857, and March 30, 1858 ..•••••••••••••••••.• _... • • • • • • • • • • 92, 795. 96 Total .•••.•••••.•••••.•••••..•. _. _... • • • • . • • • • . . . • . . . • • • • • • • • • • • 660, Q30. 07 So far as relates to the claims of the State treated in reports of Janu-ary 13, 1890, and May 8, 1890, it is assumed from the language of the resolution that no further recommendation or opinion respecting them is desired, but that the present investigation and report is to be d_irected and confined wholly to claims by California new and addi• tional thereto. I have, however, for convenience and ready reference-, group~d together all the claims, and shall briefly review their history, as shown by the records, in the order in which they appear in the above schedule. • ITEM A. EXPE SES IN SUPPRESSING INDIAN HOSTILITIES PRIOR TO JANUARY 1, 1854, $271,84-9. 73. INDIAN WAR CLAIMS 6:h, THE S'l'A'fE OF CALIFORNIA. 3 in relation to the same, and proposing also to deliver to him. the bonds before payment of-the mnount :i'ntff the- State·tre3;sury.· · ·The" Secretary of War, in ·reply; stated"'iri'suos'tance that .. tlie.proofs .. s11.bmitted were insufficient,.. that he could -not recognize. the . bonds .as .evidence of the indebtedness, but that the act of 1854 required him to go into an exam-ination of the original vouchers. On this point the commissioners, in a report to 1lie:gov.er:rior .. or Qalifodii~:~: ~~y: _· - · _ " ... : ~ .. : _: · .... -, -~ · .. · · As this course of procedure would have involved great delay and difficulty, and being satisfied ·from·the ·conditi"6Ii ·of thit ottgtn:tt v"O'uchets, wbrch were ·:rn very many instances informal, that a large portion of them would be disallowed, we applied to Congress for relief, and a bill was introduced at our instance directing the Secre-tary of War to pay over the full amount of the appropriation, as directed by the legislature of the State of California. The bill meeting with violent opposition, to a great extent by the holders of the 7 per cent bonds who felt aggrieved at the man-ner 0f distributing the apptopriation by said ruct, and being unwilling to give our sanction to any Congressional action which might clash with the act of the State of California, we :finally submitted to the Secretary' of War all the books and original paipers in our possession, offering to make all necessrry explanations, etc. As we had anticipatecl, the examination was delayed, and after several interviews with the accounting officers, to whom the vouchers had been referred by the Secreta:ry of War, and being convinced that the interest of the State would greatly suffer should a settlement be made upon such a basis, we finally agreed with the bondholders to a biHproviding a pro rata distribution of the appropriation, v:i:z) the payment of the principal of all the bonds issued prior to January 1, 1854, and interest on the same up to that date. About two. years~ ~.after. °jibe~ assag.e' .. of the act of 1854 Congress changed the-entire progFamme b;Y ··tihe p-ass:age of the act of August · 18, 1856, which provided that the original appropriation made by the act of 1854 shoulcf he applied to pay the.holders of the bonds and not the State, as at first directed. Under the terms of this ·· a-ct· the holders of the bonds were paid-principal and interest-the aggregate sum of $916,439.58, and the unex-pended balance of $8;362.16 has long since been carried to the ,·,· surplus fund'. " and n.o longer .available. .. A few of the 7 per cent bonds of 1852, it appears, were presented hy the commis"Sionet'S whiclr -bl5r~ --dat~;s- of issue subs~·qffent t() January 1, 1854,. but it was decided at the time that they could not be: paid'., as they formed no part of the estimate by the State of $924,259.65, named in the act of August. 5, 1854. This objection was, however, obviate-d by the passage of the act· of June 23, 1860 (12 Sta·t., 1:04), whi~h pro-vided for their payment. A careful reexamination of the entire bond account.was made itr this office in 1890, and, by comparison with th:e ori'ginal bond tegi1ster loaned by Mr. Mullan, the State agent, and with other data, it was ascer-tained that California issued in all 1,564 bonds of the series of 1851 and 1852. · The account stands as follows: Bonds of I 1851 (12 Bonds of 1852 (7 per cent). 1?otal, · '.E'ota:l percent). bonds. principal. $1,000. $1,000. $500. $250. $100. -------------Is~ued btr S~ate ...•....••••••••••••• ·-· 200 341 420 172 431 1,564 $8:17, 100 Paid by mted States ..•••••• . ••••••••. 197 341 402 118 310 1, 36S 799, 500 ----· ------1211 00 ----Unpaid by United States .•••.... 3 18 54 37,600 Now held by Sta1es __ .................. ........ 15 34 70 ~, 119 23,000 Unknown holders .••.•••••••••••..•.... 3 3 20 51 77 14,600 ----Total unpaicl ..................... 3 ........ 18 54 121 I 196 37, 600 I 4 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. On 119 bonds the State has paid: Principal ...••..••.•••••.••••..•••••..••••••••.••••••••••...•••..••••• $23,000.00 Interestthereon .•••••••••••••.••.•••••••••••••••••...••..••....••.•••• 12,718.06 Total............................................................ 35,718.06 On 1,368 bonds the United States has paid: Principal . . . . . . • • • • . . • • . . . . . . . . . • . . . . • • • • • • . . . . • • • • • • . . • • • • . • . • • • • • • • $799, 500. 00 Interest thereon...................................................... 116,939.58 Total .....••••..•••••••••••••• ·. • • • • • • . • • • • • . • • • • . . • • • • . • • • . • • • • 916, 439. 58 Of the 1,564 bonds issued by the State it is seen that the United States have redeemed 1,368 of all denominations in the two series, equal to the aggregate principal $799,500 and interest thereon in the sum of $116,939.58; that the number of bonds unpaid is 196, aggregating a principal of $37,600, of which. the State holds 119 ($23,000) and unknown holders 77 ($14,600). On the great bulk of the bonds redeemed by the United States inter-est was allowed and paid to January 1, 1854, as the gross fund appro-priated by the .act of 1854 was sufficient only to pay the principal with interest to that date. The claims of the State under this head are further particularized as follows: Bonds of 1852 held by the State ..•••••.•••••••••••••••..•••••••••••••• Bonds of 1851 (unknown holders) .•.•••..••••..•••..••••••.•••...••••• Bonds of 1853 ( unknown holders) ....••...••......•....••.....•.•..... Estimated amount required to pay interest on bonds from January 1, 1854, to September 1, 1856 (32 months)._ ......•....................... Estimated amount required to pay interest on bonds from September 1, 1856, to dates of payment by the United States and to dates of matu-rity on bonds not paid ..........................••........ .. ........ Amount of State comptroller's warrants and State treasurer's certifi-cates .................................................... - .... •····· For printing, preparing, and fasuing bonds of said loans of 1851 and 1852 ..........•....................•.. _ ..•..•....•.••..•.... _ ...... . $23,000.00 3,000.00 11,600.00 195,000.00 25,000.00 11,449.73 2,800.00 Total.... . • • • • • . • . . . • • . . . . • . . . . . . • • . . . . . • . • . • • • • • . . . • • . • . • • . • • . . 271, 849. 73 I append hereto Exhibit No. 1, showing the number, date, and amount of each bond now held by the State, and interest thereon to the several dates of redemption. Also Exhibit No. 2, giving similar information as to all bonds now in the possession of unknown holders, and interest thereon to date of maturity. I express no opinion as to these claims, but the facts are reported for such equitable consideration as Congress may determine. ITEM B. MENDOCINO EXPEDITION IN 1859, $9,294.53. This item appears to be for services rendered, supplies furnished, and other expenses incurred by an expedition against the Indians in the county of Mendocino in 1859, uwler the command of Capt. W. S. Jarboe. A full itemized statement of the claim may be found on pages 54 and 55, Senate Ex. Doc. o. 122, Fifty-first Congress, first session. These claim were paid by California in 1860, except about $75 . .All the vouchers and warrant~ and a mass of petitions, appeals, etc., urging the State to provide for the protection of the people of that county were filed in this office by California in 1890, and on May 9, 1890, transmitted to the Senate with the report of the Third .Auditor thereon. ( Vide Senate Ex. Doc. o. 122, Fifty.first Congress, first session.) INDIAN WAR CLAIMS OF THE STA.TE OF CALIFORNIA. 5 ITEM C. OARSON VALLEY, OR WASHOE HOSTILITIES, IN 1860, $12,106.87, The governor of California early in the year 1860 was induced upon urgent appeals by Washoe miners in Carson Valley outside the con-fines of the State of California to render aid in the protection of their lives and property. Chief Winnemucca and his band were in that region of country. The miners had been attacked by the Indians, many of them killed, thefr stock stolen, and other property carried away. No militia or other troops were furnished, but the claim consists of various expenses in sending 500 stand of arms and 100,000 rounds of ammunition from the arsenal at Sacramento to Carson Valley in Utah (now Nevada) to arm the inhabitants in the region of the Washoe mines. The claim rests solely on awards made by a State board of examiners. The demands made by the claimants before the examiners in the form of petition, accounts, and other evidence were not presented by California with the awards; hence it is not possible to determine the respective periods of service by the claimants, or the rates of compen-sation charged in the several accounts. The items of the claim are as follows: No. of Date of pay• No. of voucher. ment. warrant. 1 Oct. 9, 1861 2 .... do ...•••• 3 •••. do ..••••• 4 •••. do .•••••• 5 •••. do .•••••• 6 .•.. do .....•. 7 Nov. 25, 1861 8 ••• :do · ....... · 9 •••. do •• ~ •• ~. 10 .... do •••.•.. 11 Dec. 6, 1861 12 .•.. do ...... . 13 Dec. 26, 1861 14 Dec. 17, 1864 15 Nov. 23, 1863 16 Mar. 21, 1861 17 Nov. 25, 1861 18 .•.. do ......• 19 Mar. 28, 1861· 20 Mar. 23, 1861 21 Apr. 3, 1861 22 Nov. 12, 1861 23 Dec. 31, 1861 24 .June 2, 1860 25 Dec. 6, 1860 26 .rune 2, 1860 289 288 287 286 285 284 345 · ·346 347 850 587 588 617 4746 7 2704 348 344 2876 2870 3147 413 1039 4952 826 4953 Name of payee. For what purpose. Thos. Rooney . . • . . • • • • • • • . Escort duty •••••••••••••••• H. B. Boorman ••••••••••••..••.. do ••••••••••••••••••••• till:~~t;;~: ::: ::::::: :: : : : :if:::::::::::::::::::: fi~ri sG~a~f~~. :: : : ::::::: : : : : : :~~ : : :: : :: : : : :::::::: :: : Robert O'Keefe ••••• _ •••.....•••. do .• -• .- ••••••••••••••••• Patrick Towle , ••••••••••.....•. clo • .-.·.·.-•••••••••••••••• John Butler ..••••••••••••....••. do •.· ...••• .- ••••••••••••• Frank Rhodes ................... do .• .,.-.-••• -• •. •••••••••• James Moore ..•••••••••••..•.•.. do ••••••••••••••••••••• Chas. J. :Fairfax ..••••••••... '." ••. do .........•..•.••••••• A . Blossom ...•.•.••••••••• Transportation of arms ••••• ~~i~lcf~fre~~~~:::::::::: :::: ::~~ ::::::: :::::::::::::: L.B. Richardson • • • • • • • • • • Supplies for escort .••..••••. E. J. Saunders .•••••••••••. Transportation of arms ••••• ,Toseph Kem .................... do .................... . Thos. Sunderland ••••••••....•.. do ••••••••••••••••••••• J.MoraMoss ..•.•••••••••....... do., .................. . Charles Cone:er............ Escort duty ................ . Wells, Fargo & Co •••••••. Transportation of arms ••••• ti\~{:t/:::) :: : Ji : :?:: ::\::::::::;;: John Schaffe . . • . • • • • • • • • • • Repairing and cleaning arms M. Lobenstine ..••••••••••• Drayage ..•...•.........•••• John Schade .••••••••••••• Transportation of arms ••••• T. and J. Garrett.......... Bullet molds .••••••••••••••• Amount paid $125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 20.00 520. 00 5,4ri0. 00 209. 62 250. 00 1,725.00 500. 00 200. 00 125. 00 75.00 382. 85 110.00 123.15 184. 75 242. 50 72. 00 82.00 210. 00 Total. • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • .. • • • • • • • • • • • • . 12, 106. 87 The claim was fully considered by the Auditor in 1890 and all the papers transmitted to the Senate in that year with his report. I do not e-ee that anything new or material has been added or any new points brought out requiring further comment or report as to the several items of the claim. 6 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. ~ ITEM D. MISCELLANEOUS CLAIMS, $54,907.03. The claim of California under this head consists of miscellane'Ous items covering a period of about sixteen years, from 1853 to 1869. Many of the items seem to be for expenses in auditing its debts- and claims growing out of Indian hostilities and in the preparation of its accounts and papers for presentation to the United States. It is con-trary to all rules of reason and justice that the United States should be required to pay for the pr~paration of the case of the State against itself (the United States). Again, I do not perceive why the State should have waited thirty or forty years in presenting this claim when . all the means for determining its true character as to many of the charges are not within reach. One circumstance against it is the long delay in presenting it. I have tabulated below the se"\teral items indicatin.g, as far as possir-ble, the nature of each. · Item. Name of payee. ½ ~~~-~t~e-&rr=~~~~.:::::: 3 J. W. Denver and S. B. Smith. 4 A. J. F. Phelan .••••••••••.. 5 •••••• do .................... . 6 W. M. Merrihew .•••••.••••. 7 S. B. Smith .••••••••••••.••. 7½ A. J. F. Phelan .....•.•..•.. 8 R. A. l'homp1;1on.and Ferris For;n)an. For what purpose. ~1JJ;;;~~~~;i~~;·:::: ::·:::::: :: :: : :::.:: ::·:: :: : ::·:~::: ~ Services as California Indian war claims commis• sioners. Services as clerk to Indian war claims commission .••• Services compiling Indian war claims records ....•••• Services as clerk to Indian war claims' examiners, Jan. 1 to.Sept. 30, 1862. Services as Indian war claims commissioner, $5;000; contingent expenses, $1,000. Services as clerk to Indian war claims commissioners. , Services as war claims commissioners in 1856 .•••••••• Amount1 $3, OOQ. 00 1,537. 05 6,000. O'O ' 3,000.00 800. 00 450. oo-6, 000: 00 3,800.00 4,000.00 9 B. F. Hastings· ....•••.•••••. 10 Edward F.lfoal .•••••••••••. Transporting arms in 1856. •••• •• • ••••••.••. .• . • •• • ••• 2,524.60 Services investigating Indian distur,bances in Tulare 2, 160. 80 section in 1856. · 11 J. W. Denver--·····--···-··· Services as Tndian war claims commissioner·--······· 2,522.67 12 Wells, ~argo .& Co.......... Express ~c~arges for legislature........................ 3,317. 39 13 R. W. F1shborn.... .• • • .• •• . Not stated .....••••••••...•••. ·......... •• • • • • • • • ••• • • • 300. 00 14 John O'Me11,i;-a .••.•••.••••.•...... do .....................•••...•......... :: .•..••••• • 25.00 15 A. J. F. Phelan . • • . • • • • • • • • . Ser:vices '!-'? cl.erk to Indian war claims com~issioners 1,020. 00 . . 0Jght months, ending Feb. 8, 1858, and for sta. tionery. · 16 H. C. Kibbe................. Rent of office for Indian war claims commissioners, Noy. 13; f857, to June 12, 1858. 17 A. J. F. Phelan . . • • .• .... • • . S'11rvices as clerk to Indian war claims commissioners, Dec. 2(), [856; to Mar. 19, 1860. 18 Greenhood & Neubauer .... Expressing com from Shasta to Weaversville .•••••••. 19 Oliver & Lewis............. Supplfes for "1tibbe Rangers," 1859 •••••••••••••••••• • 20 A. E. Sherwood •••••••••••. Supplies for Kibbe Rangers, 1859 ....••••••••••••••••• 21 A. D. Bayliss............... Expenses o( citizens of Hum bolt and Trinity counties in suppressing Indian hostilities in 1868 and 1869 22 Bowles and Coddington et 29 ite~s 9f miscellaneous expenses in the expedition al. . tfs~!~td \\ilndians in Rumbolt and Klamath, in 23 • •· • •. •..... •••••••••••••.•••. Expenses issuing Indian war bonds, under State am, o( Apr. 25, 1857. 24 Thos. Findly, State treas• Additional 11alary as member of State board of war urer. claims eiamfners, July 1, 1860, to June 30, 1861. 25 Samuel H. Brooks, State Addition"a1 salary as member of State board of war controller. claitjis examiners, July 1, 1860, to June 30, 1861. 26 A. J. F. Pnelan .•••••••••••• Servfces as clerk to Indian war claims examiners July 1, 1860, to June 30, 1861. 27 State treasurer . . • • . • • • . • • • . AdcTitional salary as member of State board of war claims examiners, July 1, 1861, to June 30; 1862-. 28 State controller ..•••.••••......... do . . ....... : ..... .' .............................. . 29 A. J. F. Phelan .•••••••••••• Services as clerk to Indian war claims examiners, Ju!y 1, 1861, to June 30, 1862. 80 •••••• do ••••••••••••••••••••• Services as clerk to Indian war claims examiners •... 31 ••••• -do ..................... Services as clerk to Indian war claims examiners, July 1, 1859, to June 30, 1860. 32 John Bell ................... Services as packer, Oct. u, 1858, to A;pr. 4, 1859, during the Humboldt and Klamath Tndian disturb• ance, 1858 and 1859. 175. 00 1,170.00 136. 00 295. 00 131. 41 2,000.00 2; 822. 41 825. 00 l, 200. 00 1,200.00 900. 00 600. 00 600. 00 600. 00 1,200.00 900. 00 194. 90 54,907.03 INDIAN WAR CL.A.IMS OF 'I'HE STATE OF CALIFORNI4. 7 I have given the subject of these claims careful consideration. The expenses were, no doubt, necessary on accouut of the state of affairs existing at the time and places, but I do not see that any of them, as they now appear, are properly chargeable to the United States. Items 3, 4, 5, 6, 7, 7½, 8, 11, 15, 16, 17, 23, 24, 25, 26, 27, 28, 29, :-m, and 31. These embrace salaries of war debt commissioners, salary of their clerk, and expenses coming to Washington, cl~rk's services in State treasur-er's office, extra salaries to State officers, office rent, cost of engraving and printing bonds, .etc. The auditor in 1890 commented upon these items and included them in his report. Item. 1.-Services of Los Angeles Rangers. There is no information showing what military service the organiza-tion performed, when performed, or under whose authority. Items 2, 9, 10, 12, 13, 14, 18, 19, 20.-Transporting atms, investiga-ting Indian disturbances, express charges, supplies, and other miscel-laneous expenses. As to some of these charges the only information given is of a general character-nothing definite appears as to details; others are entirely vague and without any information as to the .character of the service. Item 21.-Expenses of citizens of Humboldt and Trinity counties in suppressing Indian hostilities in 1868 and 1869 . . . The act of June 27, 1882, made ample provision for the proper adjust-ment of all claims by California on account of Indian hostilities between April 15, 1861, and June 27, 1882. I .see no reason.why .the.jtem should be considered here. · · -· · ·· · · · ·· -- · Item 22.-Bowles and Coddington etal. Miscellaneous expenses. Under the act of March 2, 1861-·(tcnvhfoh l '!:lha11 .r.~f~r more fully hereafter), California was allowed -and paid-- the sum of -$31,823.94 on account of expenses in Humboldt and Jflamat·h expeditions in 1858 and 1859. In the allowance was included $8,900 cm ·account· ·of miscella-neous claims of Bowles and Cod.dingto:n,. and until the vouchers are furnished in t his case I can ·apply no t est whatever to determine whether or not the same items are again asserted-by the State.-Item 32.-John Bell, services as packer October 14, 1858, to .April 4, 1859, during the Klamath and Rumbolt expeditions in 1858 and 1859. The .Auditor in 1890, commenting upon this item, says: The State furnished to the United States the original roll duly prepared and cer-tified by the company officers on the day and date thereof, and .John Bell's name was not thereon, not an iota of evidence to show that Bell did in fact serve. The Statenowsubmits an affidavit by one Isaac G. Messec, who, during the Klamath and Humboldt Indian disturbances in 18.:58 and 1859, was a captain of a company of California Volunteers. Affiant states that dur-ing the said military expedition the services of a packer were necessary and that John Bell was the packer on said expedition and rendered serv-ices as such during the period his command was in the field; that not being an enlisted man his name did not appear on the roll of his company. I have no voucher before me or any certified account by California to substantiate the claim. ITEM E. EXPENSES IN SUPPRESSING INDIAN HOSTILITIES IN THE YE.A.RS 1854, 1855, 1856, 1858, AND 1859, $219,075.98. The act of March 2, 1861, appropriated $400,000, or so much thereof as shall be necessary, to defray the expenses incurred by California i!l suppressing Indian hostilities within the State by the Shasta exped1-8 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. tion of 1854, Siskiyou expeditioµ of 1855, San Bernardino expedition in 1855, Klamath expedition in 1856, Modoc expedition in 1856, Tulare expedition in 1856, Klamath and Humboldt expedition in 1858 and 1859, Pitt River expedition in 1859. By the terms of the law the Third .Auditor was authorized and required to audit the accounts for payments for services of volunteers and for supplies, transportation, and personal services rendered to said volunteers in the expeditions named; and in auditing the said claims, the same were required to be computed at prices corresponding as near as possible to the rates paid by the United States for similar services, etc., in the U. S. Army in the same country and the same time. Under this act, the State of California on November 2, 1861, filed its claim, consisting of books, rolls, vouchers, etc., aggregating $449,605.74. The Auditor found due the State $229,987.67, which amount was paid in June, 1863. The balance was rejected as being excessive or unau-thorized. The account now stands as follows: Claims by California on account of military expeditions against hostile Indians • Expedition. Year. Amount claimed. Shasta.......................... . .................. 1854 $4, 068. 64 Siskiyou........................................... 1855 14,036.36 Klamath and Humboldt........................... 1855 99,096.65 San Bernardino.................................... 1855 817. 03 Klamath........................................... 1856 6, 190. 07 Modoc . . . • . . . . . . • • • . . . . . . • • • . . . . . . . . . . . . . . • • . . . . . . . 1856 188, 324. 22 Tulare..................................... . ....... 1856 12,732.23 Klamath and Humboldt .••...•..••.....•..••...... { i~~~ J 52,184.45 Pitt River . . . • . . . • . . . . . . . . •. . • • • • . • . . . . . . . • • • . . . . . . 1859 72, 156. 09 Amount al-lowed and paid to Cal· ifornia. $1,261.38 6,146.60 61. 537. 48 419. 99 2,952.77 80,436.72 3,647.25 31,823.94 41,761.54 .A.mount re-rejected as b~ing exces-s1ve or un-authorized. $2,807.26 7,889.76 37,559.17 397. 04 3,237.30 107,887.50 9,084.98 20,360.51 30,394.55 Total June 27, 1863 .••.•..........••................ ·1 449,605.74 Allowed Sept. 28, 18o3 ..•...•.•...•.. _ ..•........... -=-=-=--=--:.:_-=-:_ _· ._ •• _._· ._ .._. _· ._. -~-----:----229,987.67 219,618.07 *542. 09 542. 09 230, 529. 76 I Total . . . . . . . . • . . . . . . .• . • • . . • . . • • • . • •• • • • •• • . . . . . . . • . . 449, 605. 74 219,075.98 * By the examination made in 1800 it was discovered that one $500 bond No.148 and interest $42.09 was through some error paicl from the appropriation of $400,000, made by act of March 2, 1861-( Vide ~tJ!-~jl i°~l_86o). The amount should have been paid from the appropriation of $924,259.65-acts of The State now contends that the statute for the relief of California wa intended to reimbur e it for all the expenditures by it incurred in the uppre, sion of Indiau hostilities by the expeditions named; but by tlie ·trictest construction possible nearly every item officially pre ented for uch reimbursement seems to have undergone a cheese-paring proce s, not by any specific rules of allowance, but by an arbi-trary declaration of award. A an example the State calls particular attention to the claim of John Bidwell, voucher No. 124, Pitt River expedition of 1859. Thi' claim wa for ammunition, subsistence, clothing, services of teams and team ters, bearer of di patche , etc., aggregating $1,523.13. The State board of examiners reduced the claim by $363.66, thereby leav-ing the um of 1,159.47. a the amount of its claim in this case for the supplie furni"hecl and the ervices performed. The Auditor allowed the exact amount claimed by the State except $54.50 for clothing. Thi deduction was made because the regular clothing allowance had been commuted by him, for all privates serving• in the expedition. INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 9 'fhe principle upon which the Auditor proceeded as to all the claims was this: Claims for the pay of the officers and men employed in the different expeditions were allowed at the rates paid by law to offi-cers of the same rank in the regular Army and men serving at the time on the Pacific coast To this was added the regular monthly allowance for clothing for· privates. The clothing allowance having been commuted as above, the Auditor threw out all the bills for cloth-ing purchased, otherwise a double allowance would have been made for the same expenditure. An allowance of 40 cents per day for use · and risk of horse was made on account of mounted volunteers. The State charged in its claim for use and risk of horses · $3.20 per day each. For horses hired $1.50 per day each was allowed. In adjusting the remaining miscellaneous expenditures the Auditor acted, it appears, according to the best lights and available information at his command. Many of the bills were acted on and allowances made in such amounts as seemed to be properly vouched and certified and necessary and proper expenditures. · Other bills were rejected entirely, being for damages to property, expensessubsisting, transpo_rting,etc.,personswhodidnotappeartohave been engaged in the expeditions named, but who had rendered service in some othercapacity, such as examining and settling accounts against the State, and other expenses which, although they might have been proper charges against the State, did not appear to be such as against the United States. The reduction of which the State now complains was made in ac-cordance with the terms of the law and not by any arbitrary rules of adjustment. The unexpended balance of $219,075.98 was on June 30, 1864, carried to the surplus fund on the books of the Treasury. There is no statute now in force which will authorize a reexamina-tion of these claims, the lapsing of the appropriation having terminated the authority of the accounting officers. It is now a question for Congress to decide, whether or not the reas-serted rates and prices are to be paid by the United States. ITEM F. NONINTEREST BEARING INDIAN WAR BONDS AND OERTIFICA'rES OF INDEBTEDNESS ISSUED UNDER STATE ACTS OF APRIL 25, 1857, AND MARCH 30, 1858, $92,795.96. The acts of August 5, 1854, anrl August 18, 1856, provided for expenses by California for supprm;sion of Indian hostilities prior to January 1, 1854. The usual methods of accounting were not observed. The State was not required to submit an account with proper vouchers, but the United States assumed the bonds which the State had issued as a full and final settlement for its expenses. Again, by act of March 2, 1861, Congress provided for similar expenses .in 1854, 1855, 1856, 1858 and 1859. In this case rolls, vouchers, and other evidence were produced. The claims by California under these acts have been adjusted, as may be seen by reference to remarks on Items A and E herein. By the programme adopted under act of August 18, 1856, on account of expenses prior to January I, 1854, the United States does not know in fact what expenses it had reimbursed, but simply the liquidation of all claims prior to that date. California now comes after lapse of thirty-five years and urges the payment of a claim without sufficient proof or pointing out in any man-10 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. ner the particular claims upon which the bonds rest or when and where the expenses were incurred. I do not see, therefore, how any just conclusion can .be reached or test applied as to what may be due California in these matters, if any-thing, unless· all the vouchers are :first produced . .A.n issue of bonds simply by the State I clo not believe is sufficient evidence of proper expenditure, but the vouchers and evidence upon which the claims are based, it seems to me, should be :filed to avoid duplication of accounts prior or subsequent to January 1, 1854:. . In Item F the State asserts 145 separate claims, as follows: Num. No.of ber. bond. No. of cert,ifi. cate. To whom issued. I For what amouut issued. --------1----------------------+---l 278 2 279 3 280 4 281 6 282 6 283 7 284 8 285 9 286 10 287 11 288 12 520 13 521 14 579 15 586 16 587 17 588 18 589 19 590 21 612 22 615 23 623 24 624 25 631 26 632 27 633 28 634 29 635 30 649 31 654 32 655 83 656 34 671 35 679 36 680 36½ •··•·••• 37 681 88 682 39 683 40 684 41 685 42 686 48 687 44 717 45 718 46 720 47 723 48 724 49 725 50 730 51 73] 52 732 53 733 54 734 55 735 56 736 57 737 58 738 59 739 60 741 61 742 62 743 63 744 64 745 65 746 66 747 m . ~~~~f:.s. ~~1-i~.i~~: :: ::: :::::::: _- .·: :: _- _- _. _. _- _- _- _- _- _- :: : : : _- :: : : : ::: : : : : : $~gg: gg 635 .••... do.......................................................... 500. 00 635 .•••.. do.......................................................... 1,000. 00 635 ...... do.......................................................... 200. 00 535 .....• do............................................ .. ............ 200. 00 635 ..••.. do................ . .. . . . . . . .. . . . . . . .. . . . . . . .. .. .. .. .. .. .. . . 200. oo 635 ...••. do ........................... ·............................... 200.00 635 ...•.. do................................. . ........................ 200. oo 635 .,._ .. do...................... . ...... .. . ..... .. .. . ... ........... . 100. 00 635 ...••. do ..... .. ...... .. ....... .. ....... ............... :...... ..... 100. 00 8l14 James Walsh.................................................... 1,000.00 824 ...... do.......................................................... 100. oo 1028 J. A. Driebellis.... .. . . .. . . . . . . . . .. . . . . . . . . . . . . .. . . .. .. .. .. .. .. .. 150. 00 1038 Walter McDonald............................................... 1,000.00 1038 ..••.. do.................................. . . . . . . . . . . . . . . . . . . . .. . . 1,000. oo 1038 .••... do.. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 1039 A. M. Jones.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 1039 ...... do....................... .. ...... . ......................... . 1,000.00 1062 Jose-ph Stone.................................................... 600. 00 1065 Sam'l Sherwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150. 00 1076 Buryman Lack................................ . ................. 1, 320. 00 1077 John Sannickson.. . . .. .. .. .. . . . . . . . . . . .. . . .. .. .. .. .. .. .. .. ..... . 4,280.00 1086 Boucher&, Cook................................................. 820. 00 mi ii~~~~t:l:R}~~!~:s:~::::::: :: : : : :: : : : : : : : : : : : : : :: ::: ::: :: :::: ::: !!t ~~ 1082 James Mitchel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150. 00 1096 C. S. Anderson....... ......................... .................. 1, 260.00 1098 Patrick Ford . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 676. 00 1099 R. L. Westbrook................................................ 1,000.00 1099 . ..... do.......................................................... 360. 00 1113 Wm. T. Stevens............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400. 00 1124 E. A. Stevenson.. ....................... .................. ...... 1,000.00 1124 ...... do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 825 James Walsh.................................................... 9. 00 1124 E. A. Stevenson.. ..................... ....... ................... 1, 000. 00 1124 ..•••. do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. oo 1124 .••••. do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 1124 .•••.. do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 ii~ ······do · · · · · · · · · · · · · ·.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 000. 00 m~ -~iJ· t~~~t/~~:::::: :::: :: : : :: : : :::: :: ::: :: ::::::::::: ::::::! 1• ~~!: ~~ m~ -j~b~~gi;~::.-::: ::::::::.-:::: :: : : :: : : : : :: ::: : : ::::::::::: :::::::! m: ~g m~ }Williams, McDermott & Thompson ...... .... .................. . ! {~: ggg: gg m~ . ii: :i..~~~~i~~.-.-::::::::::: ::::::::::::: .·::: _- _-_-_-_-: :: : : :::: :: : :: : _-:' t ~~~: gg ii~~ ·····.Clo········ ··············· ---.. -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00 1170 ······a~·························································· 1, 00g- ~g mg :::: ::~~ :: :: :~:::: ::::::: :: ::: : ::::: :::: :: :::::: :::::: :::::: :::: :: t ~~f gg 1170 ...... do.... ... .................... .. ...... ........ ........ ....... 1, 000.00 1170 ...... do . ... . . . . . .. . ... . . . .. . . . . . . . . . . .. .. .. ..... ... . . .. . . .. ... .. 1, ooo. oo 1170 ...... do . ••. .. • . • • .. . .. . • . . • . . . . . . . • • .• . . .. . . . ...••. •••• •• • •. • •• . . 1, 000.00 il!l/;6!9r !J):OE!vc!;;-p;;i:/: ( [;;;;: '.!; \ ! ; : ~!:;: i:; :t; '.\ \\ )! H !: :~8j0'0.: 000~ ·················································· INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 11 Num- No.of ber. bond. No.of certifi-cate. To whom issued. For what amount issued. ---------·1-------------------------1·----67 749 68 750 69 751 70 752 71 753 72 754 73 755 7,! 756 75 757 76 758 77 759 78 760 79 761 80 762 81 763 82 764 83 765 84 766 85 767 86 768 87 769 88 770 89 771 90 772 91 773 92 774 93 775 94 776 95 96 777 97 778 98 779 99 780 100 101 781 102 782 103 783 104 784 105 785 106 786 107 787 108 788 109 "8£ 110 790 111 791 112 792 113 793 114 812 115 813 116 8i4 117 815 118 816 119 817 120 818 121 819 122 828 123 832 124 833 125 834 126 835 127 836 128 839 129 840 130 841 131 843 132 844 133 845 134 846 135 136 137 138 139 140 141 824 142 825 143 829 137½ - --····· 1174 1175 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1,98 1199 120() 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 i 218 12Ul 1220 1221 1238 1238 1238 1238 1238 1238 1238 1238 1248 1159 1259 1259 1259 1259 1256 1257 1255 1262 1261 1264 1265 636 825 991 1266 1267 1168 1241 1242 1247 992 R . G. Watkins······--·····---·-·-······--························ G. W. Leonard._· ·-. - -- -· ·--· ......... ·- ... ····--··· ...... ·- .•... F . .A. Thomas··-····-·---·-··-·-·-···-·········-·····-···-······· C. Bohrer --·-···--· ... ·-···-· .. ···- .... - ........................ . .A. S. Shaw . ....... ·- ··- ···--··-·-······· ··- ············-·······-· .A. Lavan t ree ........................ - - - ....... -................ . I: ¥.tJ~~:~::::::::::::::::::::::::::::::::::::::::::::::::::::: C. S. Storms ..... . . ..... -· .............. - ........................ . W.H.Burke ....... ····· ··· ············· · · · ············-········· -- .Adderton ......... _. _. - . _ ........ ... ..................... -E. Citizen ....... _ . ... . ... ... ............ . ............. ·- .. _ ..... _ G. Uitizen .............................................. _ ........ . F. Cole ....... ··- ................ - ....... ··- -· --- -·- ............. . P. Cole. - ..................................... ·--··· ·-. ·····-- -· --J. Collins ·-····- ......... ···- ___ .. ·- __ ·-····.---·-····---· ...... . W. D. J1utts -- · - ··· --··-· ·· - --·. - . ·- ···-····. -·-· ·- .. - .. ··-······ P. Clifford ----· ·····- ··········-s············ --···-···-- ··-······ W. Grass - ···················-· ············-··,····-············· J. Kinneran ..... ···-··· __ .... -· - - . ·- .. ·- ..... -····. - ··-· ··-······ R. L. Northru-p . _ ··-··· -· .... -· ... ·- ··-· ........ ··-···-·····-····· B . R. Robinson ...................................... - ..... -..... . Jas. W. H. Rover- ........ -·· ·· ..... ··- .............. ··········-·-W. Slater .............................. -····· · ·····_···-···-····· F. Swan·················-·························--·····-······ .J. \V eisner ......... - -......... - - - ...... - - -• • • • • • • · · - • • • • - · · · • · · · -J. H. ,veatherwax ·····-- -··········· --················- -·· · ····· F. vVilber ..... ................. _ ................................ . J. S. Webb_ ..................................................... . C. Carlisle ......•........................... _ ... _ ............... . W. Reed· -·········································-············· J. McCartie ........................ __ ................. _ ......... . S. ·Kirkruff _ ...........•......................................... Edward Carr···········-······-·······················--·······-C. Moore- ··································-····················· .Tames .Arnold .................................................. . H. Case ... . ..•...•............................... , .....•..••..... Jas. Wood- -····························· ....................... . ·w. Mathews .............................. _ ..................... . F. Wallace ·-·-·• ...............................................•. C. C. O'Donald ..............................................•.... W.Martin·-····················································· T. G. Hewlett ........•......•................................•••. R. Gassaway ...................................... . ........•.•••. W. Lincoln ...•••.......•.................................•...••. J.Davis .........................•...........................••.. R.Miller ...................•..................................... .A. L. Pardee ................•....•...........................••.. ...... do·-························································ -··-··do . ........................................................ . ...... do ........•................................................. ...... do .............••.••........................................ ...... do ...........................••............................. ...... do . ...................... . ................................. . ...... do ............•............................................ ~~J~;e;1¼~~fi:; .&. c~::::::::: :: :::: ::: ::::::: :: :: : : :: :::: ::::::: . ~~~~~ir·t· ~ .~~·s·e·~~~~~~~::: ::: ::::::::: :: : :: : : : : : : : :: : : : : : : : :::: ...... do ......................................................... . ...... do ............................. . ..................•......••. i~rL:~~::~t~~~:::::::::::::::::::::::::::::::::::::::::::::::: E~~!:~~; di:::::::::::::::::::::::::::::::::::::::::::::::: . ~ii~hLs~~re: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :r~~~~w :i!t~~~~:::::::::::::::::::::::::::::::::::::::::::::::: ...... clo ....•••..••.•••••••.•••••••.•••••••••..••••••.•••.•••••••• G.McKee ...............•.......•...•...••..•.................... ····- -clo ..........•••••••••••••••••••••••••••••••••••••••••.•••••• Robert O'N-eil ........................•..••........•..••...•..•.. ~Iil!)r:;/;;;;;;);;::;;;;;;;;;;;);;;;;;;;;;::ii: $216. 67 216. 67 177. 70 177. 70 168. 20 168. 20 168. 20 158. 70 158. 70 158. 70 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149.20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 149. 20 H9.20 149. 20 149. 20 149. 20 149. 20 149. 20 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 503. 92 774. 00 172. 55 650. 00 1,000.00 2,500.00 2,500.00 s, 000. 00 3,665.00 29. 60 17. 60 20. 53 975. 00 472.15 351. 35 900. 96 10. 00 9. 00 100. 00 20.10 83. 20 430. 00 132. 50 175. 00 77. 05 60. 00 Total.. . . . . . . . . . • . • • . • . • . . . • • • • • • • • • • • • • • . • •• . • • • • . . • • • • • • • 92, 795. 96 S. Ex. 4-· 5 12 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. Generally I have no know ledge of these claims other than the bonds themselves, which purport to have been issued for the payment of expenses incurred in the suppression of Indian hostilities in certain counties. Of the ponds issued in the several matters recited above, 73 are yet outstanding and not paid, 61 have been redeemed and now presented to the United States, and are herewith, and 1 has been destroyed. In addition to the bonds and certificates California presents no vouch-ers or other evidence in support of the claim, except a few papers. These refer only to a small portion, as the following will show: No. 1.-California Rangers: For pay, subsistence, blankets, and horse hire, 1851 and 1852.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7, 289. 84 No. 2.-P. D Beebe: For services'in Capt.Johnson's Company,!Shasta expe-dition, 1854 .........•••...... ~.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26. 56 No. 3.-Elijah Steele: For services, expenses, and supplies, Scott Valley, 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900. 96 No. 4.-J ames Walsh: For subsistence and ammunition in 1850 . . . . . . . . . . 1, 109. 00 No. 5.-Nicholas Allegier: For services, supplies, presents to the Indians, Bear River expedition, 1850 ........................................... 3,710.00 No. 6.-D. H. Lowry: For supplies furnished to troops under Capt. Benj. Wright in Siskiyou County, 1852...................................... 351. 35 No. 7.-H. D. Van Wyck:. :For supplies furnished to troops under Capt. Benj. Wright in Siskiyou County, 1852... •. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,657.10 No. 8.-S. C. George and J. M. Van Sycle: For arms, ammunition, and expenses, Tulare expedition, 1856...... • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . 307. 00 It is seen that all the items above, except Nos. 2 and 8, are for ex-penses prior to January 1, 1854. An examination shows that No. 2 has been adjusted and paid by the United States. The State asserted it in 1861 under the act of March 2, 1861, for $26.56 for sixteen days, service in Capt. Johnson's company at $50 per month, and is included in the item of $4,068.64, Shasta expedition of 1854. For his services the Auditor allowed at the rate of $14.67 per month; pay and clothing, $7.86. This particular item offers a striking illustration of the propriety of the suggestion requiring vouchers and the necessity for its observance. Unless this is done the indications are very marked that duplication of accounts are likely to occur. The attorney's brief, with all books of accounts, abstracts, exhibits, and other evidence, are transmitted herewith. Respectfully, yours, Hon. JORN G. CARLISLE, Secretary of the Treasury. SAM'L BLACKWELL, Auditor. INDIAN WAR CLAIMS OF THE STATE OJ<"' CALIFORNIA. 13 EXHIBIT No. 1.-List of 7 per cent bonds of 1852 held by the State . No.of boncl. Date of bond. 1]5 September 20, 1852 ••••••.•••.•••••••••••.••.••••••••.•••••••. 297 January 5, 1854 ............................................. . 298 ...... cl,) ..................................................... . 299 .•.... do ..................................................... . 300 .••••. do ............................................... 0 •••••• 301 ...... do ..................................................... . 303 January 17, 1854, ............................................ . !~! } ;~~i~~ ~~'. ~;~;.::: ·::::: ·::::::::::::::::::: : : : : : : : : : : : : : : : : : : 309 .••... do ..................................................... . 310 January 30, 1854, .••.•••..••..•...•...••....•.•....•...••..••. m .~.~~.rc;~ ~~: ~~~~. :: :: :::::::: :::::: :: : : ::::::: ::::::::::: :: : : : 313 •••••. do ..................................................... . 314, February l, 1854c .................................... • .• • .• • •. m . ~~~~d~? .7: .1.8.5~:::::::::::::::::::::::::::::::::::::::::: : : : m ~:~;~:~:~ ~~: m! : : : : : : : : : : : : : : : : : : : : : : : : ~::::::::::::::::::: 319 •••••. do .................................................... .. 320 ...... do ..................................................... . 321 ...... do ..................................................... . 322 March 22, 1854 .......................... - ..••.• - .••••.••.•••. 323 ...... do .................................................... .. 327 March 29, 1854, .............................................. . 328 ...... do ..................................................... . 330 March 31, 1854 .............................................. . 351 April 20, 1854 ............................................... . 352 .•.... do ..................................................... . 360 April 28, 1854 ............................................... . 361 ..... . do ..................................................... . 362 ...... do ..................................................... . 363 ...... clo ..................................................... . 364 .••••. do ..................................................... , 365 ...... do ..................................................... , 367 ...... do ..................................................... . 368 ...... do ..................................................... . 369 .•.••. do .........................................•.. , ...... , .. 377 May 23, 1854 ................................................ .. 378 ...•.. clo ....................................... · ............. .. 379 .•.... do ..................................................... . 382 June 5, 1854 ................................................ .. m . ~.~~nf !~.~~. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : 389 ...... do .................................................. · ... . m . ~ ~~d~t :.1: ·1·8·8·4·:::::::::::::::::::: : : : : : : : : : : : : : : : : : : : : : : : : : : 395 .A.ugnst 24, 1854 ............................................. . :~~ t"e;1~!\!~ ~~~54:::::::::::::::::: : : : : : : : : : : : : : : : : : : : : : : : : : : 399 September 14, 1854 .......................................... . 408 December 30, 1854 ........................................... . m . ~~.~:~ 1~.5~.: :: : : : ::: : :: ::: : :: ::: : :: :::: :: ::::::::::::: :: : : : : : 412 ...... do .............................................. ✓ ....... . 414 August 1, 1855 .............................................. . 415 •..... do ..................................................... . m .~~~a.~t .1.5:.1.~5·5·:: ::::: ::::: :: :::::: :::::: :::: ::: :::::::: ::::: 423 ...... do ..................................................... . !~~ . ~~~d~t :.7: ·1·8·5·~:: :: : : : : : :: : : : ::: : :: ::: : : : ::: : : :: : :: : : : :: : : : : : ;!i ~~w rift:~::::::::::::::::::::::::::::::::.:::::.::::::::: 429 June 21, 1856 ................................. ............... . !~~ . ~.~~~t~~ ~: :~~.7.:::::::::::::::::::::::::::::::::::::::::::::: 39 September 20, 1852 ................................ , ........ .. 106 January 5, 1854 ............................................. . 107 .•••.• do ............ .... ..................................... . m t:i!i:Ut m; :::: ::: :::::: :::: :: :::: :: :::: :: : : : :: : : :: : : : :: m 1·,~~~t~~i.fibi~~~: :: ::: :::: :::::: :: :::: ~:·:::::: ::: : ::::::: ~:. 118 March 29, 1854 ............................................... ~ 119 ...... do .................................................... .. .A.mount Interest to May 2, 1862 Total. of bond. (maturityJ. $100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1(.,0 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 250 250 250 250 250 260 250 250 250 250 250 $67. 31 58. 27 58. 27 58. 27 58. 27 58. 27 58. 03 57. 96 57. 84 57. 84 57. 84 57. 78 57. 76 57. 76 57. 76 57. 75 57. 64 57. 64 57.42 57. 24 57. 24 57. 24 57. 24 56. 77 56. 77 56. 64 56. 64 56. 60 56.23 56. 23 56. 07 56. 07 56. 07 56. 07 56. 07 56. 07 56.07 56. 07 56. 07 55.59 55. 59 55.59 55.:.15 54.48 54. 26 54. 26 54-. 26 54. 07 54. 07 53.81 53. 78 53. 66 53. 43 51. 36 47.69 47. 69 47. 69 47. 26 47. 26 46. 99 46. 99 46. 99 46. 96 46. 96 46. 73 4,2. 56 41. 68 41. 04 37.34 37. 34 168. 27 145. 67 145. 67 144.40 144. 40 144.10 144.10 143. 57 ]41. 92 141. 60 141. 60 $167. 31 158. 27 158. 27 158. 27 158. 27 158. 27 158. 03 157. 96 157. 84 157. 84 157. 84, 157. 78 157. 76 157. 76 157. 76 157. 75 157. 64, 157. 64 157.4,2 157. 24 157. 24 157. 24 157. 24 156. 77 156. 77 156. 64 ]56. 64 156. 60 156. 23 156. 23 156. 07 156. 07 156. 07 156. 07 156. 07 156. 07 156. 07 156. 07 156. 07 155. 59 155. 59 155. 59 155. 35 lM.48 lM.26 154. 26 154. 26 15!. 07 154. 07 153. 81 153. 78 153. 66 153. 43 151. 36 147. 69 147. 69 147. 69 147. 26 147. 26 146. 99 146. 99 146. 99 H6.96 146. 96 146. 73 142. 56 Hl. 68 141. 04 137. 34 137. 34 418. 27 395. 67 395. 67 394,.40 394.40 394.10 394.10 393. 57 391. 92 391.60 391. 60 14 INDIAN_ WAR CLAIMS OF THE STATE OF CALIFORNIA. EXHIBIT No. 1.-List of 7 per cent bonds of 1852 held by the State~Continued . No.of bond. 120 127 131 132 133 137 138 144 147 148 150 157 158 159 165 169 170 171 172 416 417 418 419 91 400 401 402 404 405 406 407 408 412 414 415 417 418 419 No.of bond. 182 133 162 163 219 268 269 270 271 305 306 329 831 332 833 340 341 34 349 353 354 85" 356 871 372 373 874 880 Date of bond. March 31, 1854 .•••.•••••••••.•••••••••••••••.•••••••••••••• • • June 5, 1854 .••.••••••••••••••• . •••.•••••••••••••••••••••••••• July 21, 1854 .•••••••••••..•..••••••••••••.••••••••.••••• • •••• ...... do ........••.....••.••.... . .....•..........••..•..•••... ...... do ......................••••...•........•••••••••.•••... . ~~~a.~t .~·. ~~~~: ::: :::::::::::::::: ::::: :: :::: :::::::: :::::: :: September 2, 1854 .•••.•.••.•••.••..•••••••••••••.•••••••••••• September 14, 1854 .•••••••••••••••••••.•••••••••••••••••••••. .•.... do .................•.....•••.•.....•........••...••.•••. ...... do ...........•••.......•.•.................••. . ••..••... .~.~~~d~~ ~: .~~5.~ ::::: ::: : ::::: :::::::::::: :::::: :::::::::: :: :: August 1, 1855 ....••••••••••••.•••••••.•••..••.•.•.. • •..••••• May 18, 1856 .•••••••••••••.•••••••.••.•.••••.•••••••••.•••.•• January 1, 1857 .•.•.••••••.••.•.••.•••••.••..••••••• . •••••••. April 28, 1857 ••••••••••••••••••.••.••••••••••••.••.•••••.•••. ...... do .............•... ••••.••..............•...........•••. ...... do .......••.•••••.....••••............. -............•.... .~~~d~t :: .~~~~:::: :: :: : : : : : : : : :: :: : : :: : : : : : : : : : ::: : : : : :: : : : : : ...... do ........•...••..••..•..•..••............••........•... ...... do ..................................•...•...•.•••••••••• fa~~~;2J,· m1: :: :: : : : : : : : : ::: :: : : : : : : : : : : ::: : : : :: ::: : : :: : : : ..•... do .............•...•...•............•........•...•.••... ...... do ............••...•.......•..••........................ . ~~~~ld? .2:: .~~~~: :: : :: :: :: : : : : : : : : :: :: : ::::::::::: :: :: : : : : : : : February 28, 1854 •••••••...•.••••••••••••••••••••••••••••••.. March 29, 1854 .••••••••••••••••••••••••••••••.••.•••••••.•••• March 31, 1854 .•••••••••••••••••••.•••••••••.•••••••••••••••• ±~~u ~:: mt::::::::::::::::::::::::::::::::::::::::::::::: .•.... do .....•..•••••••...••.•••.....•......•... . •••..•....••. r~i K1lit ::::::::::: :: :: : : :: =::::::::: :: : : :: : : : : : : : : : : : : : .Amount Interest to f b d May ~. 1862 Total 0 on · (maturity). $250 250 250 260 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 250 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 $141. 47 138. 37 136.15 136.15 136.15 135. 35 135. 35 134. 16 133. 57 133. 57 133. 57 128. 20 128. 20 118.15 104. 20 93. 35 87. 67 87. 67 87. 67 118.15 118.15 118.15 118.15 339. 35 291. 35 291. 35 291.. 35 289. 20 289. 20. 286.15 283. 20 282. 95 281. 60 280. 35 280. 35 278. 85 273. 75 273. 35 $991.47 388. 37 386.15 386.15 386.15 385. 35 88:'i. 35 384.16 388. 57 B83. 57 383. 57 378. 20 378. 20 368. 15 3M.20 343. 35 837. 67 337. 67 337. 67 368. 15 368.15 368.15 368.15 83!!. 35 791. 35 791. 35 791. 35 789. 20 789. 20 786.15 783. 20 782. 95 781. 60 780. 35 780. 35 778. 85 773. 75 773. 35 Total.................................................. . • • . . . . . . . 12,491.10 35,491.10 EXHIBIT No. 2.-List of 7 pe1· cent bonds of 1852-unknown holders. Date of bond. .Amount Interest to of bond. May 2,1862 Total. (maturity). October 11, 1852 •••••••••••••••••••••••••••••••••••••••••••••• :~1~1;t:::::::::::::::;::::::::::::::::::::::::::::: .................................................................................. · li>;;.l~2; ·is5!i: :: ::::::::: :::::::: :::::::: :::::: :::: :: : ::::: :: .. . ... do . .. . ..........•..•.•..•..•....••.•.•••..........•.•••. April 17, 1875 ............................................... . : Mil!\;'.;;;;;;;;;;;;;;;;;;;;;;:;;;;;;:;;;;;;;;;;;;;;;;; $100 $66. 90 $166. 90 100 66. 90 166. 90 100 66.04 166. 04 100 66. 04 166. 04 100 63. 09 163. 09 100 61. 02 161.02 100 61.02 161. 02 100 61. 02 161. 02 100 61.02 161. 02 100 57. 99 157. 99 100 57. 99 157. 99 100 56. 64 156. 64 100 56. 59 156. 59 100 56. 59 156. 59 100 56. 59 156. 59 100 56. 38 156. 38 100 56. 38 156. 38 100 56.17 156.17 100 56.17 156.17 100 56.12 156.12 100 56.12 156. lz 100 56.12 156. 12 100 56.12 156.12 100 55. 86 155. 86 100 55. 77 155. 77 100 55. 77 155. 77 100 55. 77 155. 77 100 55.53 155.53 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 15 ExnrnrT No. 2.-List of 7 per cent bonds of 1852-unknown holders-Continued, No.of bond. 381 383 384 386 390 391 394 398 400 401 402 403 404 405 406 407 409 413 416 417 418 4Hl 420 69 113 128 129 180 134 135 136 139 141 142 143 145 146 151 152 153 154 155 156 307 416 420 No.of bonds. Date of bond. May 26, 1854 .••..•.••......••...••.•••..•••....•..•...••.•••. June 6, 185'1, .............••..••................... ......•••••• July 10, 1854 ......•.....•.•....•............... ......•..• •••• July 21, 1854 . . ............•....••...................•....••.. August 7, 1854 ..•...........•.•.........• ...........•. •.•••• August 11, 1854 .....•...•.....•...••...................•..••. August 19, 1854 ....................... .... .........•.•••••••. September 2, 1854 .....................................••.•... September 20, 1854 .....................•....•.•....••••••••.. October 23, 1854 .......•............•..•....•..........••..••. October 24, 1854 .........•.................... . ....••....••... November 24, li54 ......•........•....................•.•••••. ...... do .•...•• ... .•.....•...................... ... ....••..••. .••••. do .••.••••••............ .... . . .................••...•••. ...... do . ......••......................•........•...... ...•..•. ...... do .....•..•............•........•......•..........••••. April 4, 1855 .........•...............•...••..••.. .....•• •..••. July 28, 1855 ..• ... .....•••.........•....•........•....•...•• . August 13, 1855 •................. ..... ..... . ..••.. . •..•...•.. ...... do ..........•...............................•...•...•••• ...... do ....•.••...... •• ......... . ..•........•......•..•.•.••. ...... do ......•• ...•.....................•..•.. ....... ........ ...... do ............ . ...•.•.•................•......•.••...... November 25, 1852 ........................•............•..••. February 3, 18;;4 ...... •. .•................•...•..••.....•..•.. July 10. 1854 ........... .• .••••................••..••..••.•••. .~~!!&~' :~.5.4.:::: :: :: : : : :: : : :: : : ::: :: :: : : :: : : :: : ::: :: :::::: :: : .•.... do .....•.................•...............••.••.••••.•••. ••••.. do ....••.......•.......•............••...••.••••.•••.••• ..•.. . do ..........•......•........•..............•••••.••••••• ±~i~:~ ~~: mt : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ...... do ..........•..••.......... •....•...... .•.••........•••. .. .... do .................•.. .... .................••.•••.•••••. September 14, 1854 •••..••..••..•....•....•..•.•...••..••.•••• . .... . do .............•...•...••.....•••.....•..•••.....• •.•••• October 18, 1854 ......•...•.......•.......•.......•.•.•••.•••• October 24, 1854 ..•..••.....•.•.....•....••..••..••..•..•••••. ... ... do . ..... ...••..... ......•.•••..••.....•.••••.••..••.•••• .•.... do ....•••••.....................•.••••..•...•......•.•.. ...... do ...... . •...••............••..............•••.•...••••• November l, 1854 ....•••....•.•........ ... ...........••••..••. ::; Iii: mt::::::::::::::::::::::::::::::::::::::::::::::::: July 10, 1851 ................................................ . of bond. I Amount $100 100 100 100 100 100 lOU 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 250 250 250 250 250 250 250 250 250 !:!50 250 250 250 250 250 250 250 250 250 250 500 500 500 Interest to May2,1862 (maturity). Total. $55. 53 $155. 53 55. 33 155. 33 54. 67 154. 67 54.46 154.46 54.14 154.14 54. 07 154. 07 53. 91 153. 91 5;!, 66 153. 66 53. 31 153. 31 52. 67 152. 67 52. 65 152. 65 52.06 152. 06 52. 06 152. 06 52.06 152. 06 52. 06 152. 06 52. 06 152. 06 49. 53 149. 53 47.32 147. 32 47. 02 147. 02 47. O!!! 147. 02 47. 02 147. 02 47. 02 147. 02 47. 02 147. 02 165.10 415.10 144. 30 394. 30 136. 67 386. 67 136.15 386.15 136.15 386.15 136.15 386.15 136.15 38b.15 136.15 386.15 134. 52 384. 52 134. 45 384. 45 134. 45 384. 45 134. 45 384. 45 133. 57 383. 57 133. 57 383. 57 131. 90 381. 90 131. 62 381. 62 131. 62 381. 62 131. 62 381. 62 131. 62 381. 62 131. 27 381. 27 313. 80 813.30 278. 85 778. 85 273. 35 773. 35 Total.. . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . . . . . . . . • • . . . . . . . . . . . . 6, 408. 85 18, 008. 85 List of 12 per cent bonds of 1851-1inlcnown holders. Date of bond. Interest to .A.mount F eu. 15, of bond. 1861 (ma• turity). Total. 107 April !l, 1851 . . . . . . . . . • • . • • • • . . • • . • • . . • • . . . . . • • . . . • • • . . . • • • . • . $1, 000 108 ...... do . . . . . . . . . • . . . •. . •. . .. . . . . . . . • • • . • •• • •• . •• . • . . . . • • . • • • . 1,000 $1, 182. 00 $2, 182. 00 142 May 24, 1851 . • . . . ..••. •••• •• ••.• .• . . . .•••..••.•.• •• .. • . . .• ••. 1,000 1, 182. 00 2, 182. 00 1,167.00 2, 167: 00 Total .....••••••••••••••. •••••••••••••••••••.•••.•••.. .. •••••.••.. 3, 531. 00 6, 531. 00 STATEMENT OF THE STATE OF CALIFORNIA RELATIVE TO HER STATE INDIAN WAR CLAIMS AGAINST THE UNITED STATES. Supported by eighty-one exhibits, referred to herein, which show that the amount of money which the State of California claims to be yet due her by the United States, as the full indemnity for all moneys by her expended and for all liabilities by her assumed under her laws not fully reimbursed by the United States, in all matters growing out of her efforts to suppress Indian depredations and hostilities in said State and upon the borders thereof, and to aid the United States in maintaining the" common defense," aggregates the sum of $660,376.57, No. 1310 CONNECTICUT AVENUE, WASHINGTON CITY, D. C., December 261 1893. SIR: Referring to the official reports of the honorable Third Auditor of the Treasury, made to you under dates of January 13, 1890, and May 8, 1890, re,1>ectively, in the matter of the resolution adopted by the Senate of the United States December 19, 1889, {,er-taining to the "Indian war claims of the State of California," etc., which resolution, on December 21, 1889, was duly referred by you to the honorable Third Auditor_for said reports, which are printed in Senate Ex. Doc. No.122, Fifty-first Congress, first session, in behalf of the State of California I now have the honor to call your atten-tion thereto for the purposes as follows, to wit: (1) To have corrected certain unintentional errors contained in said document, copy whereof is submitted herewith· and . (2) To submit certain additionai vouchers, accounts, papers, and evidence m support of the war claims of the State of California against the United States, grow-ing out of Indian hostilities and Indian disturbances in said State and upon the borders thereof, in order that your Department may examine the same and therefro;11 ascertain and report to the Senate the matters called for and as receited in its said resolution, etc. The honorable Third Auditor, in his said report of May 8, 1890, on pages 5 to 11, inclusive, of Senate Ex. Doc.No. 122, Fifty-first Congress, first session, recites as fol-lows, to wit: "I see no reas,m why the United States should not provide for the unpaid prin-cipal, $37,600, thus carrying out the purpose of the act of August 18, 1856. "lnterest.-The Unite4.J,tates should also provide for the payment of all unpaid interest, to the date of payment of the principal, on any bond heretofore paid by the United tates, and to the maturity of the bonds on those not yet paid. But such payment should be made only upon presentation of the bonds or coupons to be paid. "The fund provided by the nited States (act August 5, 1854) was sufficient only to_pay-: the principal of such bonds as had been issued prior to January 1, 1854, and with mtere t only to that date. When Congress two and two-thirds years after that dn:te made the fund without enlargement applicable to the payment of the bonds, it could not have been ignorant of the patent fact that it was providing no mean for pa)·ment of the additional accrued interest. And at a still later date (June 23, 1 60), Congres directed payment, from the same fund without enlargement, of th~ a lclitional bonds~ b ariug date ub eq uent to January 1, 1854. Thus it can not be aid, ev- n a to the bond now out tanding, that their holders neglected or delayed to tak early advantage of a sufficient provision for their relief, the fund falling far hort when fir t made applicabl to the bonds. "On a prin ·i pal of 790, 0 the nited tates has paid interest to January 1, 1854, and on ,650 o July 1, 1 60; this di crimination in favor of a few bonds being com-pell d by h phraseology of the act June 23, 1860, as was explained in my former report ( 'enat Ex. Doc. 26). " h 12 per ents ( tate act, 1 51) matured April, 1861; the 7 per cents ( tate act, 1852) matur d ay, 1 62. "According to computations by the tate comptroller and by a committee of the tate legislature, the unpaid interest on all the bonds to September 1, 1856, would 16 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 17 amount to ahout $195,000. Accepting them as a sufficient guicle for a mere advance estimate, I compute that about $25,000 would cover interest since that date to dates of payment on bonds paid by the United States, and to dates of maturity on those not paid, rnakinp; an aggregate of about $220,000 for interest, which, added to the unpaid principal, makes a grand total of $257,600." In view of said recitals, the State of California regarding the sum of $257,600, so computed by the honorable Third Auditor, as being approximately correct, should not further dispute the amount of said liability of the United States relative to and. arising on account of this particular subcli vision of her said Indian war claims, but should accept these figures of the honorable Third Auditor, and by you reported to the Senate, as final and conclusive in all matters that relate exclusively to said ''unpaid Indian war bonds and unpaid coupons, issued under the acts of the legis-lature of California of Febrnary 15, 1851, May 3, 1852, April 16, 1853, and May 18, 1853, and acts supplemental thereto and amendatory and declaratory thereof," without further argument or comment. So that for the purpose of terminating all further contention relative to this particular branch of her said Indian war claims against the Uuited States, the State of California should now agree to accept that sum in liquidation, redemption, and full payment of all of said bonds and of said coupons now remaining outstanding and as yet unpaid by the United States. I deem it proper here to state that this special item of said Indian war claims seems never heretofore to have been officially presented or subinittecl to Congress by your Department in a manner so clear, full, or explicit as has been recited in said report by the honorable Third Auditor and as explained in said executive document; and it is probably, in consequence of the want of an official report so clear and of a computation so explicit as this, that no adequate provision of lnw has ever hereto-fore been enacted by Congress to pay the said "unpaid bonds and unpaid coupons" recited in sajd reports and explained in said Senate executive document No. 122. As recited by the honorable Third Auditor on page 5 of said executive document, the original of the State register of all the bonds that were ever issued under the acts of the legislature of the State of California, approved February 15, 1851, May 3, 1852, April 16, 1853, and May 18, 1853~ respectively, and the original of the State register of the redemption of all of said bonds so issued, were officially procured by me prior to May 8, 1890, for the use of the honorable Third Auditor, and thereafter, in addition thereto, full, true, and correct copies of all thereof have been duly filed by the State of California in his office for public use. But in order to perfect and support this schedule of this statement, other full, true, and correct copies of all said State registers, both of the issue and of the redemption of all of said bonds duly certified by the present custodian of all thereof, are now submitted herewith, made parts hereof, and marked exhibits Nos. 1, 2, 3, and 4, Schedule A, respectively. SCHEDULE A. These several exhibits show as follows, to wit: (1) The elate of the issue and of the redemption, respectively, of each of said State Indian war bonds issued under each of said acts. (2) The denomination and the amount, respectively, for which each of said bonds was so issued and so retleemed uucler each of said acts. (3) The name of the party or parties to whom each of said bonds was so issued and from each of whom. the same was so redeemed under each of said acts. (4) The numb_ers of t~e State controller's warrants issued in payment of audited Indian war claims, which warrants were duly converted into State Indian war bonds and into State treasurer's certificates of balances due on controller's warrants. (5) The amount paid on each of said bonds at the date of the redemption of each thereof, respectively, under each of said acts. The propriety of procuring for the use of the honorable Third Auditor the origi-nals. of said State bond registers of the issue and redemption of all of said Cali-forn:a State Indian war bond, and the necessHy of now submitting to you duly certified copies of each of said State registers, in order to make them matters of permanent record in your Department, is fully illustrated by the correspondence had bet~een th_e honorable Secretary of War on January 26, 1861, and the honor-abl~ Third Auditor on June 15, 1861,respectively, with the governor of California-copies of which correspondence are subm_itted herewith, made parts hereof, and marked Exhibits Nos. 5A, 6A, 7A, 8A,-because this correspondence discloses the that fact, the information then songht by your Department and by the War Department from the governor of California was, when furnished, not as satisfac-tory as that now submitted to you an1portation of arms, mWJitions of war, etc. to Carson Valley Utah Territory. (Approved March 19, 1861, p. 61.) ' ' INDIAN WAR CLAIMS OF '1'HE STATE OF CALIFORNIA. 33 Thomas Sunrlerland for $500; and in favor of J. Mora Moss, trustee of Sacramento Valley Railroad Company, for $200. (p.185 Senate Ex. Doc. No. 122, Fifty-first Congress, :first session) was reasonable and necess~ry, and that the amount S? paid was for sai~ transportation of said arms, ammunition, and accouterments i_n bulk,. as afores~1d. Tha_t the sum ?f ~209.62, paid to L. B. Richardson for su~phe~ furrnshed to said g~ard m char~e of said ar~s at said time by my order, as recited m the act of the legislature, as follows, to wit: "EXHIBIT M2.-(Part No. 3, or third period.) "CHAPTER CCLXXXIV.-An act to appropriate money to pay the claim of L.B. Richardson. (Ap• proverl May 3, 1861, p. 279.) "The people of the State of California, represented in senate and assembly, do enact as follows: "SECTION 1. The sum of $209.62 is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, for the payment of the claim of L. B. Rich-ardson, for supplies furnished guard in charge of State arms taken to western Utah from this State in May, 1860, by order of the governor; and the controller of the State is hereby antborized and required to draw bis warrant in favor of said L. B. Richardson for $209.62, and the treasurer of State to pay the same." (p. 186, Senate Ex. Doc. No. 122, Fifty-first Congress, :first session) was reasonable and under the circumstances could not have been furnished for a less sum; that thorn was no time to publicly advertise for proposals for supplies that were then abso-lutely necessary for use by said escort for said purpose at said time. That the sum of $520., paid to Richard M. Jessup, in the act as follows, to wit: EXHIBIT ·s2.-(Part No. 3, or third period.) CHAPTER CCXCVIII.-An act appropriating money to pay the claim of Richard M. Jessup. (Approved April 22, 1863, page400.) . "The people of the State of California, represented in senate and assembly, do enact as follows: · "SECTION 1. The sum of $520 is hereby appropriated, out of any money in the general fund in the State treasury not otherwise appropriated, to pay the claim of Richard M. Jessup, being for money expended by him in behalf of the State during the Indian war in Washoe, in 1860, and the controller of State js hereby authorized to draw his warrant in favor of the said Richard M. Jessup for$520, and the treas-urer of State to pay the same." (p. 188, Senate Ex. Doc. 122, Fifty-first Congress, first session), was reasonable and necessary, and expended by him for the charter of a steam tug to transport said arms and ammunition and accouterments from the arsenal at Benecia to Sacramento, in California, via the Sacramento River, and to carry Gen. Haven, his aide, with others, with said arms, to Sacramento, prior to sending said arms, ammunition, ancl military accouterments to the scene of Indian hostilities in Carson Valley, Utah (now Nevada), and that said money was advanced by said Jessup because of the lack of funds in the State treasury available at that time for such purpoies. That the sum of $75 paid to Wells, Fargo & Co., for the transportation of arms at said times, recited in the act as follows, to wit: "EXHIBIT N2.-(Part No. 3, or third period.) '"'CHAPTER CCCXIV.-An act to appropriate money to pay the claim of Wells, Fargo & Co. (Approved May 8, 1861, page 306.) "The people of the State of California, represented in senate and assembly, do enact as follows : . "SECTION 1. The sum of $95 is hereby appropriated, out of any moneys in the'gen-eral fund not otherwise appropriated, to pay the claim of Wells, Fargo & Co. for franked envelopes furnished the senate, eleventh session, and for the transportation of arms; and the controller of State is hereby authorized and required to draw his warrant in favor of the said Wells, Fargo & Co. for $95, aud the treasurer of State to pay the same," (p. 186, Senate Ex. Doc. 122, Fifty-first Congress, first session,) was reasonable. 'l'hat said arms were transported from Placerville in El Dorado County, to Downie-ville, in Sierra County, California, and said service was necessary. · That the sum of $556 paid to G. M. Raymond for services in transporting arms from Folson, Sacramento County, to Placerville, El Dorado County, was also reason-able and necessary. S.EL84-3 34 INDIAN WAR CLAIMS O:F' THE STATE OF CALIFORNIA. That the sum of $20 paid to A. Blossom, for the transportation of three cases of arms from Murphy's, Calaveras County, to Sacramento City, Cal., September 23, 1861, recited in the act as follows, to-wit: "EXHIBIT T 2.-(Part No. 3, or third period.) "CHAPTER CVI.-An act to appropriate money to pay the claim of A. Blossom. (Approved Febru-ary 20, 1864, page 100.) "The people of the State of California, represented in senate and assembly, do enact as follows : "SECTION 1. The sum of $20 is hereby appropriated, out of any money in the gen-eral fund of the State treasury not otherwise appropriated, to •pay the claim of A. Blossom for transportation of three cases of arms from Murphy's, Calaveras County, to Sacramento City, September 23, 1861. · ·" SEC. 2. 'I'his act shall take effect from and after its passage, and the sum hereby a-ppropriated shall not be subject to the provisions of an act entitled 'An act to create a board of examiners,' etc., approved April 21, 1858," (p. 188, Senate Ex. Doc. 122, .Fifty-first Congress, first session) was reasonable and necessary. . That the sum of $1, 725, paid to Joseph Kem for his service, and in transpo!~mg back to California from Carson Valley, Utah, portions of said arms, ammumt10n, and accouterments, as recited in the act of the legislature of California, approved March 26, 1861, as follows, to-wit-''EXHIBIT !2.-(Part No. 3, or third period.) "CHAPTER XCIII.-An act for the payment of expenses incurred in the transportation of the State arms and munitions of war from Carson Valley to the State armory, at Sacramento. (Approved March 26, 1861, page 73.) "The people of the State of California, represented in senate and assembly, do enact as follows: "SECTION 1. The sum of $1,725 is hereby appropriated, out of any moneys in the State treasury not otherwise appropriated, for the purpose of paying Joseph Kem for transporting, by order of the governor, the State arms and munitions of war used in the Carson Valley war from Carson Valley to the State armory at Sacra-mento. "SEC. 2. The controller of State is hereby authorized and directed to draw his warrant on the State treasurer in favor of Joseph Kem for the sum of $1, 725; and the State treasurer is hereby authorized and directed to pay the same out of any moneys in the State Treasury not otherwise appropriated"-(p. 185, Senate Ex. Doc. 122, Fifty-first Congress, first session) was reasonable, and said services were necessary; that said sum so paid was not only for the transpor-tation, at his own expense and with his own means of transportation, but also for services in collecting together said arms and accouterments, scattered as they were over a very large area in the Territory of Utah. That the sum of $192, paid to John Schade for services and sundry expenses, as recited on page 84; and_$184.75, paid to Wells, :F'argo & Co. for the transportation of arms; and $2-12.50, paid to John Schade for repairing and cleaning arms; and $72, paid to M. Lobenstien for draya~e of arms; and $210, paid to T. & J. Garatt for bullet molds, as recited in Exhibit C, p. 55, said Ex. Doc. No. 122, were reasonable and necessary. That of the amount of $192 paid to John Schade $110 was paid out of the governor's pecial contingent fund on December 5 1860 ~nd as recited on p. 84, Senate Ex. Doc. o. 122, Fifty-first Congress, first sessi~n and which expenditures are in detail set forth as follows, to wit: ' "EXHIBIT C.-(Part No. 2, or second period.) Amount appropriated for eleaning, transporting, and repairing arms .. ____ . $500. 00 Certified to the following bills, viz: To Wells, •argo & Co., transportation ___________________ _____ $184, 75 To John chade, repairing and cleaning .... ______ . _ • ____ . ___ .. 197. 50 To John chade, repairing and cleaning .. _ .. _________________ . 45. 00 To M. Lobenstien, drayage ____________ ••••.. ______ ____ ____ ____ 72. 00 Balance _ ••••• __ •••••••..••• _ .•• _ ••.••••.••••.. _ • _ •..•••••. __ •..•• _ . Amoun appropriated for bull t molds ---· ____ ••.••..••••. ____ •... -··· ___ _ C rtifi dtobillofT. J rratt ... ________________________________ ___ _ "The above is hereby certifted to be correct. 499.25 . 75 210.00' 210.00 "WM. C. KIBBE, ''Adjutant- General." INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 35 "State of Calif01·nia to John Schade, Dr. 1860. May 13. Packing arms ready for shipment to Washoe ..........••..•..•••• Sept. 29. Received arms from Washoe and placed the same in the armory .. Oct. 4. Received accouterments ...••• ____ .••• ---- .........•............. Oct. 5. Received arms ..................•.•.................•••..•....... Oct. 13. Received arms and accouterments from Placerville ...........••.. Nov. l. Packed arms and sent the same to San Quentin .............•.•... Nov. 17to 21 inclusive, labor at armory ........................ ---- ...... . Nov. 22. Passage to Coloma and back, and paid freight on arms .......... . Nov. 30. Passage to Benicia with arms and back, and paid drayage from armory to boat .......•.••....• ... :: ........•.•.. - ..••••• -- - - - -" SACRAMENTO, Decem.ber 5, 1860. $10.00 10.00 8.00 8.00 8.00 6.00 32.00 55.00 55.00 192.00 "Paid on account of said bill $110 out of governor's special contingent fund. " DECEMBER 5, 1860." That said arms, ammunition, and accouterments were received by him as governor of California from Gen. Newman S. Clark, U.S. Army, then commanding the mili-tary division of the Pacific, and consisted of 500 stands of rifles, 100,000 rounds of fixed ammunition, and all the military accouterments necessary to accompany the same. That said arms, ammunition, and accouterments were used by the citizens as volunteers in Carson Valley, Utah (now Nevada), the number of whom, by the report to him made by Gen. J.P. Haven, on May 26, 1860, was 530; that said volun-teers were under the command of Col. John C. Hayes, familiarly known as " Jack Hayes, the 'l'exas Ranger." 'l'hat all of said military services were performed by said volunteers without any cost to the United States, so far as he is now informed; that said services have never been paid by the legislature of California, so far as he knows; but the said legis-lature, recognizing and appreciating the value of sa,id services, has heretofore requested its Senators and Representatives in Congress from California, by concur-rent resolution, adopted May 2, 1861, as follows, to wit: '' EXBIBIT G2.-(Part No. 3, or third period.) " Concun·ent Resr,lution. " [ Adopted May 3, 1861.] "Resolved by the assem.bly (the senate concur1·ing), That our Senators in Congress be instructeu, and our Representatives be requested, to procure, at as early a day as practicable, an appropriation to meet the expenses of the volunteers under the com-mand of Col. John C. Hays, for services, and all claims justly chargeable to the Fed-eral Government in the late Indian war in Utah Territory," (p. 185, Senate Ex. Doc. 122, Fifty-first Congress, first session) to bring this matter to the attention of Congress, and to procure an appropriation with which to pay the expenses of the services, etc., of said volunteers, and all the claims justly chargeable to the Federal Government or account of said Indian hostilities. That the exigencies at the time demanded immediate action on his part as governor of California, and because the maximum strength of the regular Army in Utah avail-able to quell said Indian disturbances, as then reported to him, amounted in all only to 160 men, and that the Indians were reported as numbering at that time all the way from 1,200 to 2,000. That this information was not only communicated to him but also to prominent citizens of California, among whom were: Hon. Stephen J. Field, now of the U. S. Supreme bench; Hon. J. G. Baldwin, late of the U.S. district court of Nevada; Hon, W. W. Cope, late of the State supreme bench of California; Hon. N. Green Curtis, then and now a prominent member of the bar of California; Hon. Johnson Price, secretary of state of California, and communicated to him by such men as William M. Lent, one of the principal miners of the State of Nevada; Hon. George Hearst, now TT. S. Senator from California; Hon. William M. Stewart, now U. S. Senator from evada; Hon. Daniel Gel wicks, late State printer of California; Hon. John L. Blackburn, deputy U. S. marshal of Utah Territory, and numerous others. Th at there were no railroads in California or Utah (now Nevada) at that time, but that all of said arms, ammunition, and accoutrements were transported as afore-said, either by wagons, pack tr,tins, or by express, over the Sierra Nevada Moun-tains and in a, snow storm, as recited in the dispatch to him as governor from Gen. 36 INDIAN W.AR CL.AIMS OF THE STATE OF C.ALIFORNI.A. Joshua P. Haven, major-general California militia, then acting adjutant-general, and that snows then lay deep on the Sierra Nevada Mountains; that both men and a 11 imals were completely br oken down on said important mission . . That said volunteers did not act independently but cooperated with the troo-ps of the regular .Army of the United Stat es ser ving in the :field against said hostile I~dia.ns. 'rhat said arms, ammunition, and accoutrements were turned over to sa,id Col. John C. Hayes for said military purposes and not otherwise. That said Col. John C. Hayes is now dead, and, so far as this a~ant _knows, neither he nor any of those who served under him and who served with him ever received any compensation for their said services, either from the United S_t ates or from the State of California or Territor y of · Ut ah , or from the Territory or from the State of Nevada, for the distinguished and valuable services by him and them per-formed and rendered on that important occasion. That this affiant has no interest, past, present, or prospective, in this subject-i:natter, and makes this affidavit now only because he was governor of California durmg the times when these expenditures were ordered to be made and were made; that they were all made in perfect good faith to meet an extraordinary exigency and emerge1:1cy then existing, all of which were duly considered by the State board of war claIIDs examiners and by the legislature of California, who indorsed all of said acts. That the legislature of California made clue appropriation to meet said expenses and liabilities, which aggregate, he is informed, the sum of $11,335.62. . That~ as governor of California, appeals wer e made to him by said distingmshed citizens, who then resided in Utah, who r epresen t ed to him the terrible butchery of the then residents of Utah by the Indians and of the destruction of their property, by which appeals he was induced to direct that said arms, ammunition, and a~cout~r-ments be promptly sent by and from and at t he expense of the State of Cahforma, and duly transported with all possible dispat ch and with all necessary and p_r?per economy to the :field of said Indian disturbances, t o there equip and arm the citizen volunteers of Carson Valley residing on t he eastern edge and outside of the State of California. The said State board of examiners of the State of California, constituted under the State laws of California, consisted of the governor, of the cecret ary of state, and of the attorney-general) who passed upon all of said claims, who made the_ awards that were made therein, the amounts of whieh are set forth in a table her embefore referred to and printed on page 64 of saiu executive document. That after these services were so performed numerous petitions were orally made and testimony in support thereof was orally submitted t o said Stat e beiard of exa~-iners, but this affiant has not now any rec.ollection t hat said petitions or said testi-mony were reduced to writing. That all the members of said board had then intimate and personal knowledge of all of said matters. That all of said matters were subjected by them as such Stat e board to a careful scrutiny. That said awards were made only after the fullest examination by them of all the facts thereof . . 1hat said State boa~d had intima:te knowledge of all the emer gencies and exigen-cies that arose and existed, and which made all of said expenditur es absolutely nec-essary. That the sums claimed therein respectively are reasonable and under t he circum-stances that the supplies furni bed aml services rendered co{1ld not have been sup-plied_ and furni hed at less rates than those charged to and paid by t he Stat e of Cal-1forma. That this affi~nt ha no mean of now ascertaining what particular portion of the amounts so paid by the tate of California was paid for the hire of animals, and what for ca h disbur ments. That the number of miles of railroads upon which said arms, ammunition, and accout rruent were transported aggregated approximately about 22 miles . . ' hat th number of_ mile over mountains over which said arms were transported m agon. or pack tram ag(J'regated, approximately, about 128 miles. The t the numb r of mil over mountains by which arms were transported by expr aggr aat cl, appro. imat ly, about 70 mil s. That he rvic c nti~u d for abou 1qo d. ys, more or less. That th nu.mh r of animals employ d for the transportation of said arms was not 1 than:- and th numb r of pounds of arm , ammunition, and accouterments o tran ported aggregat d a w ight x eeding 1 tons. That aid tran portation wa had b, th trip irrespective of the number of ani-mal it t ok, or th rat p r _di m of th par ti . who were employed. . hat the valu of th sernc wer duly con 1d red by said tate Board, and its imp rtance to those whose lives were saved, whose property was protected, and to INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 37 the United States mail lines and Pony Express, the stations of both of which were thereby duly protected. , That this affiant can not now state what kind or degree of evidence said awards rested upon; but he does state that the governor, attorney--general and ~ecreta~y of state were all fully satisfied that the awards made were mall r espects, Just, fair, and equitable, and th'at said service could not· have been performed in any case for any sums less than so allowed by said State Board in each case and so paid by the State of California in gold coin in each thereof, as authorized to be done by the Leg-islature of the State of California, according to the awards made by said Board, and as hereinbefore more in detail recited. Witness: JOHN G. DOWNEY, Late Governor of the State of California. 0. W. KLAUSE. JOHN B. ASHBY. Subscribed and sworn to before me this 6th day of August, 1890. N. LINDENFELD, Notary Public in and for Los Angeles County, State of California. Not only this, but knowing that that veteran, worthy, and loyal soldier, Col. Joseph Stewart, on the retired list, U.S. Army, now residing at Berkeley, Alameda County, Cal., was senior military officer of the regular Army, who commanded t1?-e regular troops in Nevada at the date of said Washoe Indian hostilities, a copy of sa1ook of o~d W Ila, Faro-o & Co. pas ed into the hand of ~st es dnrmg the liqm~at1on of bmnn . of th old companies, or Well , F3'.rgo Co. o. 1 and 2, as sometim termed, clurml1' th period of 1866 to 1 69 inclu 1v . How v r, from our circular-book I take copies, iuclo ed, of circulars Mar~ 22, April 2, and October 26, 1860. INDIAN WAR CLAIMS OF THE STA'rE OF · CALIFORNIA. 39 Passenier fare, Sacramento to Virginia City, was $30 to $40 each, according to season, summer or winter. Distances, to Carson 135 miles, to Virginia 150 miles, approximately. At the period under consideration, drivers were paid $125 per month and furnished with room and board. It was not uncommon to pay $80 to $100 per ton for hay, and $200 per ton for barley. Yours, truly, To our Agents: JNO, J. VALENTINE, General Manag('JI', OFFICE OF WELLS, FARGO & Co., San Francisco, March 22, 1860. We have established offices in Carson Valley (Washoe), the principal office at Car-son City. Waybill to Placerville office, and charge from that point-For freight, by team, 30 cents per pound; by stage, 40 cents per pound; for packages, by stage, $1 to $3 each; for treasure, over $1,000, 2 per cent.; under $1,000, 2t per cent.; for packages coin, $30 to $50, $1.25; under $30, $1. Add usual charges to Placerville. All heavy freight, charged per pound, must .be prepaid. Letters, on delivery at Carson, will be charged an additional 10 cents. These rates will not at present cover the expenses of the route later in the season; this tariff will probably be reduced, but until further advised, the above rates are to be maintained, -To our agentB : SAM'L KNIGHT, Superintendent. OFFICE OF WELLS, F .ARGO & Co., San Francisco, April 2, 1860. The cost of transportation from Placerville to Carson Valley having been consider-ably increased, you must now charge from Placervi1le for freight by team 40 cents per pound; stage, 50 cents per pound, and require prepayment. Rates for treasure and packages remain as stated in circular of March 22. 8.AM'L KNIGHT, Superintendent. To our agoots : OFFICE OF WELLS, FARGO & Clo., San Francisco, October 26, 1860. On and after November 1, 1860, freight from Sacramento to Carson Valley will be 50 cents per pound, and must be prepaid. Way bill to Placerville. SAM'L KNIGHT, Superintendent. The honorable Third Auditor, on page 9 of said Senate Ex. Doc. No. 122, Fifty-first Congress, first session, says : . "Nothing is claimed as paid for military service, and it does not seem that any organized militia were called into service." While it is true that no claim is now presented in this statement by the State of California for said military services, yet attention is called to the fact that all of Nevada in 1860 constituted a portion of the Territory of Utah as then orga-qized, and the legislature of California, by a concurrent resolution, adopted May 3,'1861, memorialized Congress in reference to this special .subject-matter, in words as fol-lows, to-wit: "EXHIBIT NO. 25. "Concurrent reBolution. "[Adopted May 3, 1861.J "Resolved by the assembly (the senate concu1'1'ing), That our Senators in Congress be instructed, and our RepresentatiYes requested, to procure, at as early a day as prac-ticable, an appropriation to meet the expenses of the volunteers under the command 40 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. of Col. John C. Hays, for services, and all claims justly chargeable to the :Federal Government in the late Indian war in Utah Territory." · ( See Exhibit No. 25, p. 121, Senate Ex. Doc.No. 122.) · The State of California, therefore, with some degree of confidence, now respec~-fully submits this evidence in support of this particµlar Schedule C of her sa1d Indian war claims, believing that nothing more or .in addition hereto ~o~ld properly be asked by the authorities of the United States to establish the val1d1~y of this subdivision or schedule of her said Indian war claims, and her petition for reimbursement by the United States for the expenses necessarily incurred over thirty years ago by the State of California for the "common defense," for the payment or the due examination of which claims no provision of law has ever heretofore been enacted by Congress. . Wherefore the State of California now concludes her proof in support of this partic-ular item of her State Indian war claims against the United States, many of the details of which are set forth on pages 65 to 85 of Senate Ex. J)oc. No. 122, Fifty-first Congress, first session, and recapitulated in said affidavit of Governor Downey, d~y confirmed by said affidavit of Col. Joseph Stewart, and further confirmed in said official statement of Hon. Lloyd Tevis, president of Wells, Fargo and Company's Express at San Francisco, Cal., probably the largest inland transportation compa~y doing business in California and Nevada at the date of these expenditures made~ good faith by California to maintain the" common defense" by suppressing said '' Carson Valley or Washoe Indian hostilities." Thus, from these high, reliable, and public sources has the State of California sou_ght for _info~mation to fully answer all the suggestive recitals st1·aet showing the number of vouchers, nurnber of controller's warrants, amoun~ of con-troller's warrants, name8 of warrantees, dates of payment for certain expenses i~curred by the State of California in s11,ppressing Indian hostilities •upon the border of said State in the State of Nevada, and known as the "Carson Valley or Washoe Indian war," not heretofore included in any settlement of the United States, no portion of which has been paid by the United States. Voucher. No. 1 .••••••• 2 • ••••••• 3 •••••••• 4 .. •••• •• 5 •••••••• 6 •••••••• 7 .•• ••• •. 8 ..•••• • . 9 .••••••• 10 .• •.. •.. 11. •••••.. 12 ...• .... 13 .. •.•••. 14 .. ••••.. 15 ..•••••. 16 ..• ••••. 17 .••••••• 18 ..• •.••. 19 .. .••••• 20 ..•••••• 21. .•••••• 22 . .•••... 23 ..• ••• .. 24 .••••••• 25 ..•••• •• 26 .••••••• No. of control-ler's war-rant. 289 288 287 286 285 284 345 346 347 350 587 588 617 4746 7 2704 348 344 2876 2870 3147 413 1039 4952 826 '953 .Amount of controller's warrant. $125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 125. 00 20. 00 520. 00 5,450.00 200. 62 250. 00 1,725.00 500. 00 200. 00 125. 00 95. 00 382. 85 110.00 123.15 Name ofwarrantee. ltt~n~!~~::~:::::::::::::::::::::::::::::::: t:i!!~i;:t:~-r:: = =:::::::::::::::::::::::::::: ri~i/G!~\~~~::::: :: : : : : : : ::: : : : : :: : : : : : : :: : : : Robert O'Kcefe .. .••. .• ..••••.•. .•• .•..••..•.••• Patrick Towle .....••. •••...•.••. • ••..••••••••.. ,Tobn Butler . •.. .. •..•• •.•....••.••••.•..•••.••. Frank Rhodes .......•••.....•••.•.. .•• ••..••••. .James Moore ....... ..••...........•...•...•.... Charles .J. Fairfax ..••••.•.•.•.••.•••.. ••..•..•. A.Blossom ............•.... ...... ..•. .......•.. ~~~~¥10:; ~ ~~~~~.::::::::::::::::::::::::::::: L.B. Ricbarclson . .• ... ....•. ..• ........ . .....•.. E . .J. annders ...•• .. ••..••. .....•.. ... ..•• ..• •. .Joseph Kem . ......•..•.................•..••... Thos .• 'underland .•..•• •.•••...... ..•...•. .•••.. .J. Mora. loss ... ...•......•••..••..•.•...•...•.. :~~~r n~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ G. M. Raymond .•... •••. ••.••• •••.•••••••••..••. Date of payment. Oct. 9,1861 Do. Do. Do. Do. Do. Nov. 25, 1861 Do. Do. Do. Dec . 6, 1861 Do . Dec. 26, 1 61 Dec. 17, 1 64 Nov. 23, 1 63 Mar. 21. 1861 rov. 25, 1861 Do. Mar. 28, 1 61 Mar. 23, 1 61 Apr. 3, 1 61 ov. 12, 1862 Dec. 31, 1 61 .June 2, 1860 Dec. 6, 1860 .June 2, 1860 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 41 EXHIBIT C.-(Part No. 2, or second period.) Amount appropriated for cleaning, transporting, and repairing arms ••••.... $500.00 Certified to the following bills, viz: To Wells, Fargo & Co., transportation ....•...............•... $184. 75 To John Schade, repairing and. cleaning .................. ~.... 197. 50 To John Schade, repairing and cleaning...... . . . . . . . . . . . . . . . . . 45. 00 To M. Lobenstien, drayage ...... ...• ...•.. ...•.. .•.•.. ...• .... 72. 00 Balance ..••••...••...•... · .......•.. - . - - - - -• - • - • • -- - - • - • • • • • • - · 499.25 . 75 Amount appropriated for bullet molds . . . . . . . • . . . . . . . . . . . . . . . . • . •• ••. . . . . . 210. 00 Certifiedtobillof'r. & J. Garratt .............•...•.......•.•...•••••.. 210.00 The above is hereby certified to be correct. WM. C. KIBBE, Adjutant• General. 1860. [Part of Exhibit D2, p. 84, which begins on p. 66 of Senate Ex. Doc. No.122.] State of California to John Schade, Dr. May 13. Packing arms ready for shipment to Washoe ............•......... Sept. 29. Received arms from Washoe and placed the same in the armory .. . Oct. 4. Received accouterments ... ..................................... . Oct. 5. Received arn1s ..................................................• Oct. 13. Received arms and accout erments from Placerville .............. . Nov. 1. Packed arms and sent the same to San Quentin .........••........ Nov. 17 to21,inclusive,labor at armory ....... .. ..................... .... . Nov. 22. Passage to Coloma and back, and paid freight on arms ....... . ... . Nov. 30. Passage to Benicia with arms and back, and paid drayage from armory to boat ..... ••••.•..........••....•.••.•..•• - ••. - - ••.... SACRAMENTO, December 5, 1860. Paid on account of said bill $110 out of governor's special contingent fand. DECEMBER 5, 1860. RECAPITULATION OF SCHEDULE C. $10.00 10.00 8. 00 8.00 8.00 6.00 32.00 55.00 55.00 192.00 Amount of money necessary to reimburse and pay the State of California tbe amonnt of expenditures by her incurred on account of the'' Carson Valley, or Washoe Indian hostilities of 1860, etc.," as per the report of the honorable Secretary of the Treasury, and not herefore paid by the United States, being: · ' (1) The amount set forth in Exhibit A2, p. 64 of said. Senate Ex. Doc. No. 122, to wit, $11,335.62, less the sum of $20 deducted from the $95 paid Wells, Fargo & Co., the sum of . . . . . . . . . . . . . ........... .. ............ $11, 315. 62 (2) The amount set forth in Exhibit C, p. 55 of said Senate Ex. Doc. No. 122, the sum of.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709. 25 (3) The amount set forth in Exhibit D2, p. 84 of said Senate Ex. Doc. 122, the sum of. . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • . . . . . *192. 00 Making a total aggregate of principal of......................... 12,216.87 * No. 25, $110 is included in this sum. 42 INDIAN WAR CLAIMS OF 'l'HE STATE OF CALIFORNIA. CHAPTER FOUR. SCHEDULED. Besides the foregoing California State Indian war claims for expenses necessar~ly incurred to maintain the "Common Defense," and paid by the State of Califorma, on account of matters recited in the aforesaid Schedule A, and those of the afore-said" Mendocino Expedition of 1859," recited in the aforesaid Schedule B, and of t~e "Carson Valley, or Washoe, Indian hostilities of 1860," recited. in the afores~1d Schedule C; there are other California Indian war claims which grew out of Indi'.1n hostilities and Indian disturbances in said. State and upon the borders thereof, aris-ing some prior and others subsequent to January 1, 1854, but all of which were fully •adjusted and satisfied subsequent to January 1, 1854, by the State of Californ_ia, by paying same either in gold coin or in her State interest-bearing bonds, dul.Y is~trnd under tbe authority of the legislature of said State enacted therefor and contamed in acts other than the aforesaid acts of February 15, 1851, May 3, 1852, April 16, 1853, and May 18, 1853. None of these cla.ims have been ever heretofore presented to the United States by the State of California, for reimbursement and payment, except as recited in Senate Ex. Doc. No. 122, Fifty-first Congress, first session. . The several items of these claims will now be duly tabulated and summarized as Schedule D, and are as follows, to wit : · . (1) The sum paid under the authority of the legislature of California in its act approved May 15, 1854, in gold coin, by tbe State treasurer of Los Angeles County to the Los Angeles Rangers, to wit, $3,000, the payment an d allowance of which s~ was duly accounted for to the State of California by the county treasurer of sa1?-~ounty, in several of his treasury settlements made with tbe State treasurer of Cali-fornia (seep . 30), and Exhibit O, p. 60, Senate Ex. Doc. No. 122, Fifty-first Congress, first session. (See also certificate and letter of Gen . R. H. Orton, adjntant-general ?f California, exhibit No. 16 D, both of which are made parts hereof.) Copy of said certificate is as follows, to wit: STATE OF CALIFORNIA, ADJUTANT-GENERAL'S OFFICE, Sacramento, June 30, 1890 . . I hereby certify that the official archives now of record' in the office of the adju-tant-general of California, and now in my custody, show that the military organiza-tion known as the Los Angeles Rangers was a cavalry company, organized and ~us-tered into the military service of the State of California on August 1, 1853, with a view of protecting the lives and property of the citizens of California in the county of Los Angeles from the depredations of Ina.ians and the many Sonorian and other assassins which infested that county for several years ; that this company did much active service and rendered material aid to tbe citizens and civil authorities of Los Angeles, Cal., and that said organization numbered 50 men, and the names of its officers were as follows: A. 'vV. Hope, captain; Elias Prevoort, first lieutenant; Jo~m G. Phillips, second lieutenant; W . !!'· B. Sanford, brevet second lieutenant ; J. ~-Wmston, orderly-sergeant, and that said company constituted part of the first bri-gade of the first di vision, California volunteers, during said Indian disturbances; and_ that tbere can not now he found of record :my muster roll of said company O? file m the office of the adjutant-general or any other State office in the State of Cali-fornia . .. • * * • • * , [Extract from Exhibit No. 9, Schedule .A. J I further certify that the aicl sum of $848,549.73 did not include any portion o1 th $3,000 recit d in the act of 1 gislature approved May 15, 1854, in words and :figures as follows, to wit: EXHIBIT 0.-(Part No. 2, or second period.) C.HA.PTml XL VIIl.-.A.n act to authorize the treasurer of Los .Ang lea to retain money belonging to the general fUDd of the State for the benefit of the Los .Angeles Rangers. (Passed May lo, 1854, page170.) The people of the Stau of CaUjornia, represented in senate and assembly, do enact as Jo-i-lows: ECTIO.i: 1. The treasurer of the county of Los .Ang le is hereby authorized to r tain ut of any mone s b longin to the g neral fond of the, 'tatt•~ whi ·h nc>w is or may h r after be in hi po ion , th nm f ·3,00 for th u and b •1wii of he Los Angeles I angers. .AJI orders certified to by the captain and first Ii utenant of INDIAN WAR CLAIMS . OF THE STATE OF CALIFORNIA. 43 said company shall be audited and paid by the treasurer out of the funds above specified, and the treasurer shall take receipts therefor, signed by said captain and lieutP.nant, which receipts shall be filed by the treasurer with the comptroller of State, and credited as so much money received in the general fund of the county of Los Angeles. (See Exhibit O, p. 60, Senate Ex. Doc. No.- 122, Fifty-first Congress, first session). R.H. ORTON, Adjutant-Genm·al of Calif01·nia. STATE OF CALIFORNIA, DEPARTMENT OF STATE, Sacrarnento, June 16, 1890. I, William C. Hendricks, secretary of state, do hereby certify that R. H. Orifon, whose signature is attached to the foregoing certificate, is now and was at the date of said certification the adjutant-general of the State of California, and that the said signature is the genuine signature of said adjutant-general. Witness my hand and the great seal of State, at my office in Sacramento, this 16th day of June, 1890. · [SEAL,] WILLIAM C, HENDRICKS, Secretary of State. (2) The amount paid in gold coin by the State of California to Gen. A. M. Winn, for military services by him performed in California Indian war matters, was recited and provided for in the act of the legislature of California approved May 18, 1861. See voucher No. 11, Exhibit B2, p. 64, and Exhibit P 2, p. 187, Senate Ex. Doc. No. 122 Fifty-first Congress, first session. See also affidavit of Hon. Adam Herold, Sta.te treasurer of the State of California, the original of which is hereto attached, made part hereof, and marked Exhibit No. 17, Schedule D, wherein the State bonds, as described by the State treasurer in his said affiidavit, were issued in payment of said claim as follows, to wit: Bond No. 220, on July 1, 1861, for $1,000. Bond No. 232, on September 1, 1861, for $500. Both of these two bonds were issued under said act of the legislature of the State of California approved April 30, 1860, which two bonds are now submitted herewith, made parts hereof, and marked Exhibits Nos. 18 and 18, Schedule D, and paid by said State in the sum of $1,537.05. Copy of this affidavit of State Treasurer Herold is as follows, to wit: STATE OF CALIFORNIA, County of Sacramento, ss: Adam Herold, being first duly sworn, deposes and says that he is now, and for more than one year last past has been, the treasurer of the State of California. That as such treasurer he is the custodian of the records of the State of California relating to the issue of bonds by said State under the acts of its legislature, approved April 28, 1857, and April 30, 1860, providing for the funding of certain indebtedness of the State specified in said acts. That as shown by the register of bonds issued under said act of April 28, 1857 (Statutes of 1857, p. 300), the following bon-ds of the State of California were issued to the persons, for the purposes, at the times, and in the amounts and were redeemed as herein specified, to wit: Date of issue. Noof Issued to- To pay- Amount Date bonds. issued. redeemed. Apr. 1, 1858 697 J. W.Denver ..... Audited claim 1858. act of Mar. 11, $1,000 Apr. 10, 1869 Do ....... 698 . ... do . ...•....••.• ...... do ........................••. 500 A.pr. 29, 1865 Jnne 1, 1858 1463 W.S.Uhler ..••••• Assi8nee of J. Neely Johnson, 500 Sept. 7, 1861 ~s5lted claim, act of Apr. 28, Do ••••••• 1464 E.F.Beale .. ... ••. Audited claim act Apr. 26, 1858 ... 600 May 19, 1874 That, as further shown by the records of his office, interest was paid by the State of California on said bonds as follows: On bond 697 from April 1, 1858, to April 10, 1869, at the rate of 7 per cent per annum, amounting to the sum of $771.94. · On bond 698 from April 1, 1858, to April 29, 1865, at the rate of 7 per cent per annum, amounting to the sum of $250. 73. On boncl 1464 from June 1, 1858, to September 7, 1861, at the rate of 7 per cent per aunum, amounting to the sum of $114.43. s. Ex. 4-7 44 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. On bond 1463 from June 1, 1858, to May 19, 1874, at the rate of 7 per cent per annum amounting to $558.93. · That said audited claim of E. F. Beale being for the sum of $1,242, and as the treasurer of the State was prohibited by the terms of said act of April 28, 1857, fro;11 issuing bonds in a less sum than $500, there was issued to said E . F. Beale a certam "treasurer's certificate of balance dne," dated June 1, 1858, and numbered 288 for the sum of $242, and that said certificate of balance was on the 1st day of March, 1861, surremlered to the then treasurer of State and funded, becoming a part of bond No. 177 issued under the act of April 30, 1860. (Stat., 1860, p. 352.) _ That said bond No. 177 was issued on the 1st day of March, 18611 in the sum of $000, and that, as shown by the records of his office, interest thereon at the rate of 7 per cent per annum was paid by the State of California from March 1, 1861, to August 26, 1875, amounting to the sum of $507.11. And deponent further says that, as shown by the register of bonds issued under said act of April 30, 1860, the following specified bonds were issued to the persons for the purposes at the times, in the amounts, and were redeemed as herein set forth, to wit: Date of issue. No.of Issued to-Amount Date bonds. To pay- issued. redeemed. Jan. 1, 1861.. 64 I. S. Wormser ..... Audited claim of B. F. Hastings, $1,000 Mar. 15, 1862 Do ....... 65 act April 28, 1860. 1,000 Apr. 13, 1867 .... do---- ········· ...... do .... .... ................... July 1, 1861. . 220 A.M. Winn ......• Audited claim, act of May 18, 1861. 1,000 Sept. 13, 1867 That, as further shown by the records of his office, interest was paid by the State of California on said bonds as follows: On bond 64 from January 1, 1861, to March 15, 1862, at the rate of 7 per cent per annum, amounting to the sum of $84.58. On born1 65 from January 1, 1861, to April 13, 1867, at the rate of 7 per cent per annum, amounting to the sum of $440.02. On bond 220 from July 1, 1861, to April 13. 1867, at the rate of 7 per cent per aunum, amounting to the sum of$399.19. · And deponent further says that the said audited claim of A. M. Winn, given for. th~ sum of $1,~80, and as the treasurer of the State was prohibited by the te~ms of said act of April 30, 1860, from issuing bonds in a less sum than $500, t here was issued to said A. M. Winn a certain "treasurer's certificate of balance due," dated July 1, 1861, and nnml>ered 47, for the sum of $80, and that said certificate of bahnce was on the 1st day of September, 1861, surrendered to the then treasurer of State and funded, Lecoming a part of bond No. 232, issued under said act of April 30, 1860, That said hond No. 232 was issued September 1 1861 in the sum of $500 and that, as shown l>y t~e records of his office, interest th~reon ~t the rate of 7 per cent per annum was ptrnl by the State of California from September 1 1861, to January 2, 1873, amounting to the sum of 361.66. ' ADAM HEROLD, Treasurer of State, State of California. Subscribed and sworn to before me this 22d day of July, 1890. J. D. SPENCER, Clerk. By J. S. WILLIAMS, Deputy. 3. The amonntpaicl J. W. Denver and Samuel B. Smith California Indian war claim commissioners, appointed under the' act of the' legisla-tor_ of Cali~·ornia or May 6, 1861, a full, true, and correct copy of ~h1~h. ac,t 1s submitted herewith, made part hereof~ and marked Exlnlnt ... ~- 20 D (~l8o see voucher :ro. 2, Exhibit BZ, p. 64, enate Ex. Doc. o. _122, Fifty-first Congres , first se sion), to wit .. ........ $6,000. 00 4-. The amount paid A. J. F. Phelan, clerk of the board of California In-dian_ ~rnr.,. claim couuni ioners, under said act of May 6, 1 61, xl11,b1t o. 20T D (see al~o vouch r o. 1, Exhibit Bl, p. 64, said en-ate Ex. lJ c. . o. 122 Fifty-fir t on •-:re , :firsts sion), to wit . . . . . . 3,000.00 5. The a?D,ount paid A. J. F. Phelan for the compilation of 'alifornia Indian war records for the u e of th tate of alifornia and of the nited , tat , (see xhibit l' p. 1 , and voucher o. 9 Exhibit B2, p. 64, aid nat Ex. . '"o. 122, Fift -fir t Congr ss' fir t se -siou), to mt .... _ ... ...... .... _ ....................... ..... ' .. _ ..... _ 800. 00 ( uch r and warrant. h r tofor up1 li d.) 6. Amount paid ·wmiam ~- ~I rrihew, 1 rk of h board of Indian war 1, im xamin r ( e 1',. liihit Y· p. J :rncl Vouch r .l'o. 7 E bibit B~,p.64, aid enat Ex.Doc. o.122),towH . ..•... ·-······}········ 450. 0 INDIAN WAR CLAIMS OF THE S'rATE OF CALIFORNIA. 45 7. Amount paid to S. B. Smith for salary as California Indian war claim commissioner ...............•....•••....•.....••..•.•......•...•• - . . $5, 000. 00 And for con tin gent expenses ... .......•........................ - - . . . 1, 000. 00 And to A. J. F. Phelan, as clerk to said Indian war commission, as provide(! for under sections 12, 13, and 16 of the act of the legislature of California, approved April 19, 1856 (see Exhibit No.12, pp.114-117, Senate Ex. Doc. No. 122, Fifty-first Congress, first session), to wit..... 3,800.00 (See State controller's vouchers and warrants, Nos. 3474, 3475, 3476, 3487, and 3601, seventh fiscal year, and 1231 and 1233, eighth fiscal year, all constituting Exhibit No. 20½ D.) These expenses, as recited by the honorable Thiro. Auditor on p. 8 of said Senate Executive Document, were "incurred by the State iu the process of auditing its claims for presentation to the United States, and were not embraced in the claim of $449,605.74, nor did the act of Congress of March 2, 1861, authorize the accounting officers to adjust items of that descrip-tion." This proposition is surely well taken by the honorable Third Auditor and because it is self-evident that the services of these men were as necessary to the State of California for the due performance of the duties that devolved upon her in these premises as ever were and as are the services of the several auditors and comptrollers of the U. S. Treasury Depart-ment, with their large number of examiners, clerks, aud assistants to per-form the duties devolving upon the Government of the United States in the due examination, audit, and confirmation of th_e various public accounts of its own officials throughout the country. Not only this, but you are cited to a case arising not only in your own Department, but arising even in the office of the honorable Third Auditor, where the United States, in the act of Congress approved March 12, 1861 (12 U.S. Stat., p . 199), allowed and paid the honorable Third Auditor the sum of $1,000 for the duties theretofore performed by him when investigating the "State Oregon Indian war claims." Said $1,000, being paid as a compensation in addition to the regular salary of said Third Auditor. 8. 'rhe amount paid R. A. Thompson and }'erris Forman, as Indian war claims commissioners in 1856 (see Exhibit L, p. 59: and vouchers 15 and 16, Exhibit D1, p. 57, Senate Ex. Doc. No. 122, Fift.y-fi.rst Con-gress, first session; also, State controller's warrant No. 3327, issued March 29, 1860, to Ferris Foreman for $2:000, and warrant No. 4134, issued April 16, 1860, to R. A. Thompson for $2,000, both of which warrants were duly paid in gol ct! (l) c<1.tl (l) ~..., P1 ~rJ) ~ ~rJ) --Camp Far West, 1850 65 Infantry. Fort Jones, Siskiyou 1854 38 Infantry. Yuba County. 18'il 51 Do. Couuty-Cont'd. 1855 82 Do. 18:i2 57 Do. 1856 L51 Artillery and Benecia, Solan a 18,,0 139 Infrt~1try. infantry. County. 1851 l -l7 Do. 1857 133 Infantry. 1852 310 Inantry and 1858 85 Do. dl'ngoons. Jurupa, San Jlornar- 1852 52 Do. 1853 145 I11f',t11try. dino Uounty. 18:i3 53 Do. 1854 145 Artillery aud lt:5-1 42 Do. (lra,!.!,·11ons. FortH1101boldt Hum- 1853 [06 Do. 1855 25fi Art illeE-y. boltlt County. 1854 79 Do. 185G 12-l Do. 1855 154 Do. 1857 160 Do. 1856 143 Do. 1858 12G I .Artillery and 1857 G9 Do. i11fm1try. 1858 13!) Do. 1859 303 I Do. 185!) 1G4 Do. 1860 1G7 Infantry. 1860 177 Do. 1861 174 Do. 1861 87 Do. Sm1oma, Sonoma lRi:i ll :16 Dra.,.oons. Fort Gaston, Hum- 1858 85 Infantry. Co1lllLy. 18:'>l 212 Do. boldt Co11uty. 185!) 84 Do. Presitlio of San Fran- 1S50 28 Artillery. 1860 72 Do. cisco, San Fran- 18:'il 2!) Do. 1861 70 Do. cisco County. Us52 76 Do. Fort Crook, Shasta 1857 113 Dragoons and 185:! 46 Do. County. infantry. 1831 15G Do· 1858 ]32 Dragoons. 1855 lW Do. 1859 141 Do. 185(] I 116 Do. 1860 110 Dragoons and ] 857 ! 16:3 ])r,. infan try . . 185;; 380 A rtillory and 1861 116 Do. 1859 I 208 infautry. Fort Tojon, Kern 1851 59 Dragoons. Do. County. 1855 ]33 Do. 18GO 145 A.rt ill er y. 185G 149 Do. 18fil 121 Do. 1857 142 Dragoons and Monterey, Monterey 1850 39 Do. artillery. County. 1851 33 Do. 1858 147 Do. San Luis Rey, San 1852 53 Do. 1859 139 Drn.goons. ]850 49 Dra,goons. 1860 : ]57 Do. Diego Couniy. 1851 44 Artill ery and 1861 159 Do. drag-oons. Nome Lackee Reser- 1855 I 20 Artillery. 1852 7 .Artillery. v ati on, Tehama 1856 I 20 Do. Rancho tlel Chino, 1850 26 I11fautry. County. i~~i i 23 Do. Los A11geles Couu- ]851 ·25 Do. 22 Do. ty. 1852 69 Do. ll'ort Ter Waw, Del 1857 82 Infantry. Fort Yuma, San 1850 94 Infantry. Norte. 1858 85 Do. Diegl!l County. J851 93 Do. 1859 87 Do. 1852 366 Infantry and 1860 80 Do. dragoons. 1861 60 Do. 1858 169 Infantry. San Bernardino, San 1858 176 Artillery. 1854 152 In fan try and Bernardino County. 1859 ; 155 Infantry. art.illery. Fort :Bragg, Mendo- 1857 ; 22 Artillery. 1855 115 Artillery. oino County. 1858 20 Do. 185fl 249 Do. 1859 68 Infantry. 1857 200 Do. 1860 86 Do. 1858 271 Do. 1861 86 Do. 1859 214 Artillery and Fort Weller, Men do- 1859 82 Infantry. 186() ]59 infantry. cino County. Infantry. Alcatraz Island, San 1859 92 Artillery. 1861 13:1 Do. Francisco County. 1860 02 Do. Fort Miller, Fresno ]851 62 Do. 1861 80 Do. County. 1852 122 Do. FortPoint, San Fran- 1861 158 Do. 1853 82 Do. cisco County. 1854 134 Infantry, dra- San Diego, San Diego 1850 96 Infantry. goons, and County. 185] 114 Infantry and 1855 73 artillery. artillery. Artillery. 1852 284 Art.illery and 1856 85 Do. dragoons. 1857 \14 Do. 1853 175 Artillery. 1B58 94 • Do. 1854 298 Do. Fort R eading, Shasta 1852 167 Dragoons and 1855 140 Do. County. infantry. 1856 119 Artillery and 1853 212 Do. dragoons. 1854 102 Artillery and 1857 157 Do. 1855 134 infautry. 1858 93 .Artillery. Do. 1859 87 Infantry. ] 856 78 Artillery. 1860 86 Do. Fort .Tones, Siskiyou 1852 118 Drairoons. 18Gl 82 Do. County. 1858 ' 147 Dragoons and I infa11t,ry . .ADJUTANT-GENERAL'S OFFICE, May 27, 1890. 54 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. U. S. SENATE, Washington, D. C., Jiine 7, 1890. SIR: Referring to your letter of May 27, 1890, inclosing me, in compliance with my request of May 23, 1890, a statement of the forts, garrisons, and military camps in California, where United States troops were stationed between September 9, 1850, and April 15, 1861, etc., I respectfully request that you may also furnish me wi_th the names of the forts, garrisons, and military camps in the counties of Los Angeles, San Bernardino, and San Diego, in Southern California, where United States troops were stationed, if any, in the years 1845-'46-'47-'48, and '49, and the maximum strength of the troops at each of said places in each of said years, and to what arm of the military service said troops belonged. Your early reply hereto is requ_ested and will oblige, yours, very truly. ADJUTANT-GENERAL, U. S. ARMY, Washington, D. O. GEORGE HEARST. To this letter reply was duly ~ade by the War Department, copy of which is as follows, to wit: WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, June 10, 1890. Sm: Referring to your letter of the 7th instant, requesting informatio;11 relative to the names of the forts, garrisons, and military camps in the counties of Los Angeles, San Bernardino, and San Diego, in Southern California, where U.S. t!·oops were stationed, if any, in the years 1845, '46, '47, '48, '48, and '49, and the maxmrnm strength of the troops at each of said places m each of said years, and to wlrn.t arm of the military service said troops belonged, I have the honor to furnish the follow-ing statement compiled from the records of this office, viz: Posts or stations. Year. San Luis Rey, San Diego County .•.•••.. 1847 1>149 Los Angeles, Los Angeles County ••••.• 1847 1848 1849 San Diego, San Diego County .••••••••••• 1847 1848 1849 La Paz, San Diego County ..••••••••••••. 1847 1848 San Jose, San Diego County ....•••••••.. 1848 Camp Riley, San Diego County ...•..•••. 1849 Very respectfully, Hon. GEORGE HEARST, U.S. Senate, Washington, D. O. Maximum strength. 592 75 625 291 282 105 129 146 114 267 105 118 Troops. Dragoons and Mormon Battalion. Dragoons. Dragoons, New York Volunteers, and Mormons. Dragoons and New York Volunteers. Dragoons. Mormon battalion. New York Volunteers and Mormons. Dragoons and infantry. New York Volunteers. Do. Do. Dragoons and infantry. C. MclCEEVER, Acting .Adjutant-General. Outside of the counties of Tulare, in which there were no U. S. troops stationed bet~een 1854 and 1 61, and an Bernardino, in which there were no U. . troops stat1onecl between 1 :-4 and 1858, and none after 1859 and the maximum number between 185 and 1 -9, was 176 (ancl they not mounted) the scenes of aie deemed guilty of misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be pumshed by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such :fine and imprisonment. Thereafter, with a full knowledge of the public condition of affairs in northern California, the governor of California, Hon. J. Neely Johnson, on August_ 14, 1~5~, addressed an order to Hon. John Cosby, major-general, commanding tLe sixth divi-sion of the California militia, the original of which is hereto attached, made_ part hereof, and marked '' Exhibit No. 39 E," and copy of which is as follows, to wit: INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 5 7 the major-general comma,nding that division the responsibilit_v: and d_uty to call out the State military of your command for the perf?rmance of tb!s s~rv1ce. · . . Arms and ammunition the State has none which are not d1stnlmted to ex1strng volunteer companies or in the possession of the San Francisco vigilance committee. Very respectfully, your obedient servant, J. NEELY JOHNSON. Hon. JOHN COSBY, Major-General, Commanding Sixth Division, California Militia. The legislature of California, having, therefore, been fully advis~d in the premises by its governor, enacted for" common defense," ex necessitate, sundry acts, some of which are as follows, to wit: 1. The act of April 25, 1857 (California Statutes of 1857, p. 262), under which non-interest-bearing Indian war bonds and certificates of indebtedness were author-ized to be issued in a sum aggregating $4;0,000. (See Exhibit Q, p. 6~, _Senate Ex. Doc. No. 122, Fifty-first Congress, first sess10n, and also a part of Exh1b1t No.12 A, heretofore :filed herein in Schedule A.) 2. The act of March 30, 1858 (California Statutes of 1858, p. 102), amending said Exhibit Q, also part of Exhiuit No. 12 A, as aforesaid. 3. The act of March 30, 1858 (California Statutes of 1858, p. 102), authorizing the issue of noninterest-bearing bonds in favor of Walter McDonald and A. M. Jones, for services as Indiaff commissioners under the act approved April 18, 1856, in the sum of $6,000. "(See Exhibit J 1, p. 58, said Senate Ex. Doc. No. 122, and Exhibit No. 40 E, herewith.) 4. The act of April 7, 1859 (California Statutes of 1859, p. 173), under which the original aforesaid appropriation of $410,000, payable in noninterest-bearing Indian war bonds and certificates of indebtedness was increased to $440,000, or an addi-tional appropriation of $30,000. (Exhibit No. 41. E, herewith.) 5. The act of May 16, 1861 (California Statutes of1861, p. 409), whereby the aforesaid appropriation of $440,000, made payable in noninterest bearing Indian war bonds and certificates of indebtedness, was increased to $5~0,000, or an additional appropria-tion of $70,000. (Exhibit No. 42 E herewith.) 6. The act of May 12, 1862 (California Statutes of 1862, p. 528), amendatory of the for~going acts. (Exhibit No. 43 E herewith.) 7. The act of April 27, 1863 (California Statutes of 1863, p. 649), which act repealed all the foregoing acts, but made an additional appropriation, payable in noninterest bearing bonds and certificates in the sum of $154,98J'.58. (See Exhibit No. 44 E herewith.) Under all these several statutes there was appropriated by the State of California the sum of $670,987.58, and an authorization to issue State California Indian war bonds and certificates of indebtedness, none of which, however, were to bear any interest. The only substantial difference between any of said acts being as follows, to wit : That section 4, of the act approved April 25, 1857, Exhibits Q, Senate Executive Document No. 122, and 12 A, directed that bonds to be issued thereunder should be issued in even sums in denominations of $100, $200, $500, and $1,000, respectively, which section 4 was subsequently amended by section 2 of the act approved March 30, 1858 (Exhibit No. 12 A), by providing that said bonds should be issued" in such sums as the board of examiners should have audited and allowed"; none of which bonds or certificates, however, were to draw any interest whatsoever. So that all the bonds issued prior to March 30, 1858, were issued in even sums of $100, $200, $500, and $1,000, but after that date in sums which corresponded to the amounts recited on the face of the certificates issued by the State board of examiners, and warrants issued by the State controller. In addition to these acts there were certain other acts passed by the legislature of California, wherein the State did not make any provision for the issuance of bonds, but made appropriations in gold coin, to be paid directly out of the State treasury, with which to pay and liquidate said California Indian war expenses, and pay for the same in cash, and which acts are as follows, to wit: 1. Act of March 12, 1856 (California Statutes of 1856, p. 42), under which there was appropriated in gold coin, the sum of $15,000. (See Exhibit R, p. 61, said Sen-ate Ex. Doc. No. 122.) 2. Act of April 25, 1857 (California Statutes of 1857, p. 262), section 8, under which there was appropriated in gold coin the sum of $500. (See Exhibit Q, p. 61, Senate Ex. Doc. No.122, Fifty-first Congress, first session, and Executive No. 12 A.) 3. Act of April 16, 1859 (California Statutes of 1859, p. 275), under which there was appropriated in gold coin the sum of $5,000, governor's conting-ent fund, and pay of clerk of board of war claims commissioners the sum of $900. (See Exhibit No. 36 D hArewith.) 4. Act of April 16, 1856 (California Statutes of 1859, p. 295), under which there was appropriated in gold coin the sum of $52,527.86. (See Exhibit No. 45 E, herewith.) 58 INDIAN WAR CLAIMS OF THE STA'l'E OF CALIFORNIA. 5. Act of March 20, 1860 (Ca.lifornia statutes of 1860, p. 110), nny to measure its Indian war claims against t~e Uruted S~ates_., ~nd domg generally mall these premises as Congress finally and wisely per-m1ttea it to d? under the act of August 18, 1856 (11 U. S. Stats., p. 91), and as it was finally 3:uthon~ cl to .do by said_ authority of Congress, said Stat~ fully relying upon th qruty of its _claim, o by it then held again t the United i::,tate went to wor~ and submitted, with marked particularity, most of the original vouchers and eYI-d n to upport c rtain of its claim , which aggregated, when pre ented to the Tr a ur Department the sum of $449,605.74. hat wa th r sultt When these claims came to be examined and revised by th accounting o~ cers of th Trea ury Department, and aggregating as a,for aid th um of · 9,6 .74, they w re cut down and reduced to the sum of $230,529.76, th r ,~~ di allowing, r je_ ·ting, or u pending clai_in that aggrega,t d the su~1 of ~1 0 v.!J a.nd all of wh1 ·h hacl b_e ,n t~eretofor full.v paid b,v the tate of ahfor-m or:£ r th foll paym nt of which aid tat macle h rself liabl . I wa again t n audit allo, an award and partial and in uffi i nt paym ut b ·. our D •partmon o unjust a thi that h1·, 'tat of 'alifornia ha ov r prot t d, and does now still prot t au h s11hmit hat an indenmity, su h a was allerred to h :ve been a full ea.ti faction of this it m of these claims, wat1 not warranted by INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 59 the intention of Congress, and which was not at the date of such award nor since said date has ever been made fully known or satisfactorily explained to the proper State authorities of the State of California. It is very difficult (provided it be not entirely impossible) even at this date for the State of California, to know or to find out officially by what exact rules of adjustment or executive construction of a remedial statute a measure of allowance was or could be reached, such as was accorded said State under said Congressional remedial act. Take, for instance, a single item only of said Indian war claims so presented under said act of March 2, 1861, to wit, that of the "Modoc Indian war of 1856," wherein the State of California, paid in her State noninterest-bearing bonds or in her State certificates of Indian war indebtedness the sum of $188,324.22. In this claim the accounting ,,fficers of your Department, after having eliminated therefrom every item that could possibly come under the head of " disallowed," reduced or scaled, in amount exactly one-third, nearly every item in the miscella-neous abstract of such claims that were allowed at all by said officers, simply arbi-trarily declaring" deduct one-third," irrespective of the fact whether said payments made by the State of California were for military supplies, military equipage, or for commissary stores, or for miscellaneous expenditures, or for clothing, or for for-age, or for ranching, or for stationery, or for repairing, or for work, or for smithing, or for rent, or for hospital departments, or for ammunition, or for veterinary purposes, or for tents, or for blacksmith's coal, or for wheelwright's work, or for horseshoes, or for blacksmith's kits, or for fuel, or for medical outfits, or for use of horses, or for printing, or for use of wa,gons and oxen for transportation, either hired or pur-chased; so that said abstract, wherein the State of California paid out the sum of $67,688.51, was allowed by the United States in the sum only of $37,778.36. Not only this, but in all cases where any of said volunteers were assigned to any special or extra duty as "extra-duty men," and actually performed the duties of "butchers, carpenters, blacksmiths, coal burners, wood choppers," etc., where the period of such services so by them performed was not for full ten days, all allow-ances for any shorter periods or lesser number of days were rejected in toto, not-withstanding the State of California had theretofore pa.id all these men for the actual time they were so employed in said special occupation of "extra duty," whether said services covered the period of one day or a greater number of days. Not only this, but even where these" extra-duty men" were employed and paid by the State of California for full ten days or mOI'e, the accounting officers of the Treasury, instead of allowing and reimbursing the State of California the rate of daily compensation provided for by paragraph No. 883 of the Army Regulations for 1857, for "mechanics employed west of the Rocky Mountains," all said "extra-duty men" were seemingly classified and bunched in one class only, to wit, the clasf. of ''laborers," and an allowance and awardof the minimum compensation onlyforthe said valuable '' extra duty" services, to wit, 35 cents per day, was conceded and made therein to each thereof. In other words, this remedial and beneficent statute of Congress, intended for the relief of the State of California, and which by its very title was intended to reim-burse the State of California for all the expenses by it incurred in the suppression of Indian hostilities in said State enumerated therein, received not only the strictest construction possible at the hands of the officers of your Department, but nearly every item of all claims so officially presented by said State for such payment and reimbursement seems to have undergone a cheeseparing process, not by any specific rules of allowance, but by an arbitrary declaration of award, expressed in these words: "Deduct one-third," etc . .As these claims on March 2, 1861, were not officially before the accounting officers of your Department for audit, the question then naturally arises, why should Con-gress in said act make an appropriation in just the sum of $400,00u to be paid in United States interest-bearing bonds f , The a,nswer thereto at this time may partially be found in the report of the adju-tant~g~neral of California, officially made to the legislature of said State, printed as Exh1b1t 44½, on pp. 137 to 139, said Senate Ex. Doc. No. 122, wherein said adjutant-general recites that he had withhim in Washington City, D. C., prior to March 2, 1861, complete duplicate vouchers of all these claims, aggregating the sum of $400,000, and t~at he ~nly exhi_b~ted the same to the proper committees in Congress, to whom the bill makmg prov1s10n for the payment thereof had been referred, and which com-mittees;~ connection with the Third Auditor himself, prior to the date of the pas-sage of said act, seemed to have been generally satisfied with the justice of these claims as then presented. Said adjutant-general says that the members of these committees were so satisfied with the general character of the vouchers and justice of said claims _tha t they agreed to abate no -part of the same, except the cases paid by the State of California over and above the amount paid to the U.S. troops serving in that State, S. Ex. -t:-8 60 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. Besides, too, the question might arise whether or not the spirit, if not the letter, of the laws of Congress enacted on June 17, 1850, and September 23, 1850, should not have been made to apply to these Indian war claims when a settlement thereof w:as had by the United States, which was not done, and which acts are as follows, to wit: On the 17th of June, 1850, an act was passed, the third section of which reads as follows: "SEC. 3. And be it further enacted, That whenever enlistments are made at, or in the vicinity of, the said military posts, and remote and distant stations, a bountJ'.° equal in amount to the cost of transporting and subsisting a soldier from the pnnc1pal recruiting depot in the harbor of New York, to the place of such enlistment, ?e, and the same is hereby, allowed to each recruit so enlisted, to be paid in unequalmstall-ments at the end of each year's service, so that the several amounts shall annually increase, and the largest be paid at the expiration of each enlistment." (U.S. Stat., vol. 9, p. 439.) On the 23d of September, 1850, the following provision was inserted in the Army appropriation bill: "For extra pay to the commissioned officers and enlisted men of the Arf1!-y of the United States, serving in Oregon or California, three hundred and twenty-five thou-sand eight hundred and :fifty-four dollars, on the following basis, to wit_: That there shall be allowed to each commissioned officer as aforesaid, whilst servmg as afore-said, a per diem, in addition to their regular pay and allowances, of two d?llars ~a~h, to each enlisted man as aforesaid, whilst serving as aforesaid, a per diem, m add1t10n to their present pay and allowances, equal to the pay proper of each as established by existing laws, said extra pay of the enlisted men to be retained unt_il honorably discharged. This additional pay to continue until the :first of March, eighteen hun-dred and fifty-two, or until otherwise provided." (U.S. Stat., vol. 9, p. 504.) The :first of these acts was continued in force until August 3, 1861 (U. S. Stat., vol. 12, p. 288, sec. 9), on which date it was repealed. During the time ~hen the last of said acts was in existence the U. S. soldiers and sailors on the Pacific coast received nearly double pay. Whatever may have been the exact reasons that caused the same, yet the fa~t now fully appears that this item of said claims of the State of California, to wit, the "Modoc Indian war item," after having been fully examined in the :field, fi_rst by a State board of Indian war commissioners, and thereafter audited and v1seed by another State board of Indian war-claims examiners, at Sacramento, composed of the State treasurer, State controller, State adjutant-general, and ex officio quartermas-ter-general of California, and by said last board duly certified to the State control-ler and State treasurer, in the sum of $188,324.22 and bv them fully paid in the St'.1te non-interest-bearing bonds of said State, yet under the· strict and rigid construction placed upon said act of Congress of March 2, 1861, by the accounting officers of the Treasury Departmen~, this Indian war claim so paid by said State in the sum_ of $188,324.22 was officially allowed by them in the sum of $80,436.72, only showi1;1-g that nearly 60 per cent of this entire claim, to wit, the sum of $107,887.50, was dis-allowed, rejected, or suspended by said officers and still remains unpaid by the United States. This action created not only great surprise to the legislature and State officers of the State of California, but has inured to the very O'reat detriment and loss of her own citizens, who performed the services or furnished the supplies and su:ffer~d great losses and disasters during said Indian wars and who in consideration of said services, supplies, and losses, had received as payi:'nent ther;for State uon3, ~1tt River exped1t1on of 1 59, duplicates of which with controller's warrants o • 3319, 3 56, 3 64, 3 6-, and 3869 i ued in 1860 ar~ submitted herewith, and marked '~Fruchy E," "Reid E," ''Badey E," "Willett E," and "Lindenberger E," re pec-tivel. , atta hed to the affidavit of E. W. Willett attached hereto and marked "Exhibit 51½ E." ' It is re pee fully ubmitt d that the services of the clerks so named were M nee . ary then t? th , tate of alifornia a are similar ervice nece ary to-day in he city of a hrngton, where an army of ·l rks are daily performin,.,. for th regular my similar service in the djntant- n ral's ffi e of the ·war Departm nt and in the offices of th a counting_offic rs of your Department. ~ . 30. Appar n~ly D: arly v r it_ m of_ xp n e mad by en. Kibbe a adJutan~ g n ral of ahfornta wa , eo nomrn , re.1 cted and disallow d wh tber it wa for h ~ _v~ling xp n or f?r fora~ . for hor . whi~e pa sing from one p~int of ho -tihti t another, and for an ·tlun and verythm r with which ' n. K11Jbe' name ha v r ·onn cted. INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. 67 The only reason, substantially, assigned by the honorable Third Auditor for s~eh disallowance being that "Gen. Kibbe was a State officer, and not connected with these Indian expeditions," yet this officer was in the field, by the direct military order of the governor and commander in chief of the State troops of the State of California. As illustrative of this see Special Order, No. 2, signed by John B. Weller, as gov-ernor and commander in chief of the State of California, on September 28, 1858, sub-mitted herewith, made part hereof, and marked "Exhibit No. 52 E," yet all expenses of every kind which the State of California had incurred on account of Gen. Kibbe, though unanimously approved by the State board of examiners, and paid in gold coin by the State of California, were rejected, in toto, by the United States, and not reimbursed up to this date. As illustrative of this kind of settlement you are cited to the duplicates of vouchers No. 48 and No. 139, and others of the expedition of the "Kibbe Rangers," which are submitted herewith and marked respectively "Kibbe No. 48 E" and "Kibbe No. 139 E." To support the protest of the State of California against this kind of settlement said State now files as an illustration a duplicate voucher, No. 139, being one of a series of vouchers in a schedule of claims and expenditures on account of the <• Kibbe Rangers," which voucher is in the sum of $645.75 (paid by controller's warrant No. 3852, of April 9, 1860, for $645.75), and which was thrown out by the accounting officers of the Treasury, and for no reason other than "that Gen. Kibbe was a State officer and therefore not connected with said Indian expeditions," etc. 31. Inadequate protection of the Indian frontier, in the State of California existing to an alarming degree, is emphasized by the correspondence between the governor of the State of California and the commanding general of the division of the Pacific, a portion of which correspondence is submitted herewith, made a part hereof, and marked <'Exhibit No. 53 E." 32. It was in consequence of this peculiar condition of public affairs that the leg-islature of California felt called upon to pass the act approved April 18, 1856, by which was created a State board of commissioners of war claims, to examine the claims of the citizens of the counties of Klamath, Siskiyou, and Humboldt and report to the governor the amount of the just claims held by the citizens of these counties for services rendered and supplies furnished to the troops and volunteers engaged in the suppression of Indian hostilities in the years 1854, 1855, and 18;16, copy of which act is hereto attached. made a part hereof~ and marked <'Exhibit No. 40 E." , 33. Under said authority the governor of California duly appointed Walter McDonald and A. M. Jones as State commissioners to constitute said board. Said commissioners in the prosecution of their duties, proceeded to the field, made the examination contemplated by said statute, and on November 11, 1856, made due report to the governor of California in relation thereto, which r eport was, by the governor, on March 3, 1857, duly submitted to the legislative assembly of California with the recommendation that the State legislature make due provision by an appro-priation of money or by the issuance of State bonds to pay said expenses. The origi-nal of this report and the original of the message of the governor of California are submitteu herewith, made parts hereof, and marked<< Exhibit No. 54 E." 34-. Whereupon the legislature of California passed an act approved April 25, 1857 (seep. 60, Exhibit Q, Senate Ex. Doc. No. 122, Fifty-first Congress, :first session), copy of which act has been heretofore submitted, made a part hereof and markeu "Exhibit No. 12A,"Scbednle A, creating a State board of war claims examiners, to examine and audit all claims for services rendered, and supplies furnished to several military expeditions against the Indians in the several counties, as in said act recited. This act of April 25, 1857, was supplemented by the act of March 30, 1858. (See Ex. No.12A, Schedule A.) 35 .. Under the provisions of said act of the legislature of said State, Hon.James L. Enghsh, State treasurer; Hon. George W. "Whitman, State controller, and ·William C. Kibbe, State adjutant-general and ex-officio quartermaster-general of the State of California, constituted sa,id board of Indian war cla,ims and Indian depredation claims examiners. 36. This State board met at Sacramento, Cal., on June 9, 1857, and immediately upon organizing elected Gen. William C. Kibbe president thereof. Its next official act was to duly issue a notice to all parties interested in said Indfan war claims to immediately present their claims to said board in the manner as set forth in said notice. The original record of the official proceedings of saif the weio-ht and of the average value of each item of the Army r ation of a soldier stationed at the places in Cali-fornia and during the years as set forth in a table inclosed herewith. Please give me the names or kind (as well as the value) of each and every article that made up and constituted, dUl'ing each of said years, the daily ration of a soldier at each of said places, stating-:First. The total cost to the United States, at each of said places during each of said years, of 100 full or complete Army rations, with transportation thereof included. Second. The total cost to the United States, at each of said places during each of said years, of 100 full or complete Army rations, with transportation thereof excluded. Your very early reply hereto and due return of said table will oblige, Yours very truly, GEORGE HEARST, (N 0TE.-The table in closed in this letter is the one duly furnished by Acting Adju-tant-General C. McKeever, U. S. Army, from the War Department, May 27, 1890.) To this letter the honorabie Secretary of War, on June 19, 1890, replied in a com-munication, copy of which is as follows, to wit: Subject: Army ration in California, 1850-1861. WAR DEPARTMENT, Washington City, June 19, 1890. Srn: In response to your letter of the 7th instant, requesting information in regard to the relative weight and average value of each item of the Army ration of a sol-dier stationed at places in California between September 9, 1850, and Apdl 15, 1861, I have the honor to advise you that upon reference of the matter to the Commissary-General of Subsistence that officer reports a,s follows: " The records of this office do not contain the information requested. "It can probably be found only in the accounts and returns of the commissaries and quartermasters of the several posts at the datf:ls named. Those accounts and· returns are filed in the office of the Third Auditor, who can probably furnish the desired information." The table inclosed by you is herewith returned as requested, Very respectfully, . Hon. GEORGE HEARST, United States Senate. REDFIELD PROCTOR, Secretary of War. Whereupon, on June 23, 1890, Senator Hearst addressed a letter to the Secretary of the Treasury, copy of which is as follows, to wit: UNITED STATES SENATE, Washington, D. C., June 23, 1890. Sm: On June 7, 1890, I addressed a letter to the honorable Secretary of War, copy of which I inclose you herewith, marked A. 2. To this letter I have received a reply from the Secretary of War, copy of which I inclose you herewith, marked B. 3. In view of the recitals in said reply of the Secretary of War, to wit: "That the records of the Commissary Generals's Office do not contain the information requested by me, and that probably the records of the Third Auditor's Office can furnish me the desired information;" wherefore I respectfully request that I may be furnished QY your Department with the information requested in my said letter to the Secre-tary of War, by the reference hereof to the office of the honorable Third Auditor, and due retu!n of ~he t~ble showing the names of the forts, garrisons, and military camps, etc., m Califorma, from September 9, 1850, to April 15, 1861. Respectfully, Hon. SECRETARY OF THE TREASURY, Washingt.Jn City, D. 0. GEORGE HEARST. (N0TE.-Tho table inclosediu this letter is the one duly furnished by Acting Adju-tant-General C. McKeever, U.S. Army, from the War Department May 27, 1890). S. Ex. 4--9 7 6 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. To this letter a reply on August 19, 1890, was duly made by the Treasury Depart-ment copy of which is as follows, to wit: TREASURY DEPARTMENT, THIRD AUDITOR'S OFFICE, Washington, D. C., August 19, 1890. SIR: In answer to your letter of June 23, 1890, relative to weight and value of the Army ration issued to soldiers at the various stations in California between Septem-ber 9, 1850, and April 15, 1861, I am directed by the Secretary of the Treasury to inform you that after an extended preliminary examination it is found impracticable to comply with your request. This office has no r.ecord of officers on duty in the Commissary Department at the different stations and posts, and the returns of the few that have been identified as serving at a number of the places named do not disclose the cost of the rations issued or whether transported by Government teams or by contractors. Purch3:ses of parts of rations appear to have been made each year and at varying prices durmg the year. For instance, at Benicia barracks purchases were made in 1855 as follows : Pork, half barrels, $14.25, $24.50, $29, $32. Flour, half barrels, $8, $10, $12. Cof-fee, 15 and 23 cents. Sugar, 10, 11, and 13½ cents. A similar difference in cost_ of the various items is shown each year, and as it is difficult to determine what port~on of the rations issued were so purchase9-, whether issued at that particular stat10n or sent to other posts, it is not possible to make an intelligent estimate of the cost to the Government of the rations issued at each separate station. From the investigation made it is believed that during all the period named the standard Government ration, as published on p. 240, Army Regulations, of 1857, was issued. Your letter and the table of stations herewith returned. Respectfully, w. H. HART, Auditor. Ho~. GEORGE HEARST, u. s. Senate. (See original, submitted herewith, made a part hereof, and marked "Exhibit No. 63 E.':) Now, from this high authority, coming from your own Department, coming, in fact, as it doesz from the office of the honorable Third Auditor of the Treasury, it full7 appears tnat in one and the same year, at one and the same military post in Cali-fornia, and a military post, too, not situate at any t ime in any portion of the hostile Indian country, but removed many miles therefrom, during this same period from 1854 to 1861, pork varied in prices from $14.25 to $32 per half barrel, fl.our from $8 to $12 per half barrel, coffee from 15 to 23 cents per pound, and sugar from 10 to 13{ cents per pound, and that similar differences existed in the cost prices or values of various items of the Army ration of a soldier of the regular Army in each year. In consequence of all these recitals, your own Department declares that it is not possible for it to now make an intelligent estimate of t he cost to the United States of the Army ration issued from 1854 to 1861 to the troops of the regular Army of the ~.i~ed tates stationed at each or at any of said forts., military posts, garriso!3-S, and m1htary camps situate in said sixteen counties of California, in eleven of which the nited tates did not have a single soldier, and a,11 of which sixteen counti~s were the seen s of the Indian hostilities herein recited which the State of Califorma succes fully suppresseligations,' without interest, have been given therefor; but there are are no :particulars. In fact, nothing definite appears, except that the State has as yet pq,id nothing on these expenses, said to have been contracted at times ranging from thirty to forty years ago. I presume the ~tatement was introduced merely, as the agent remarks, ex abundanti cautione, and not in any expectation that it could be seriously considered; it certainly does not admit of such consideration. "It is stated, in general terms, that the large sums now claimed on account ot Indian hostilities subsequent to January 1, 1854, are mostly in the status of debts represented by noninterest-bearing State obligations. Such obligations are not of_ 86 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. any of the several series of regular bonds appearing upon the' bond register' of tne State, and I have no information in regard to them." It is for the purpose, therefore, of fully supplying correct information relative to the several matters recited in the foregoing extract of said report that the State of California now furnishes copies of the State registers of the issue of said noninter-est-bearing State bonds and certificates. In now surrendering to the United States these noninterest-bearing State obliga-tions so heretofore duly issued, given, and delivered by the State of California in part payment of her said Indian war indebtedness, there is also submitted herewith much evidence to support the allegations heretofore made in these premises. It is respectfully submitted that this evidence should be sufficient to conclusively sl1ow to your Department that the State of California has not only heretofore redeemed and paid a portion of said State Indian war indebtedness, but that she bas paid a very considerable portion thereof. Not only this, but said evidence further shows that the State of California, by solemn enactments of her legislature, has assumed the liability to pay, and has promised to pay, the entire remainder thereof out of any money which hereafter may be appropriated by Congress for the payment of these State Indian war claims. The State of California has been diligently engaged in collecting this more com-plete evidence and presents the same at this time because it embodies information officially called for, and because also numerous items of these claims have never heretofore been examined in your department (Congress, as held by the accounting officers of the Treasury, not having heretofore authorized the same), or they have not herefofore been presented, to the United States, and for the further reason that this evidence falls within the purview of the information contemplated to be duly furnished to the Senate by your Department, in order that your further reply to the resolutions of the United States Senate, may thereby, when made, be complete and the more satisfactory. When the State of California heretofore presented a statement relative to a por-tion of these particular items of her Indian war claims, it was not merely "to intro-duce them to the attention of the United States, or out of abundant caution only," to make claim for reimbursement of such portion, because said State expected then, as she expects now, that tho United States will give full arid serious consideration to all of her said State Indian war claims of the class recited and tabulated in this Schedule F. . . When considering these noninterest-bearing State Indian war obligations, atten-tion is called to the fact that a portion there0f constitute a portion of the regular series of State bonds: duly issued by the State of California; that the record of the issue of such series appears on pages 220 to 243 of the same original register of bonds kept by the State treasurer of the State of California, wherein is recorded on pages 37 to 47 thereof the issue of another such State series, to wit, that of the "interest-bearing State Indian war bonds, issued under the authority of the aforesaid act of February 15, 1851;" wherein is also recorded on pages 115 to 160 of this same orig-inal State bond register the issue of anothe1· of such State series, to wit, that of the "interest-bearing tate Indian war bonds, issued under the authority of the afore-said act of May 3, 1852," etc., and both of which two last-described series of State In. Butt 11 2 P. 'lifford . ......... .......... . ½m J.~!e,;~:::::::::::::::::::1 $150. 00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 600. 00 150. 00 1,320.00 4,280.00 820. 00 250. 00 975. 00 600. 00 150. 00 1,260.00 3,676.00 1,000.00 360. 00 400. 00 1,000.00 1,000.00 9. 00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 705. 50 798. 50 798. 50 200. 00 2, 000.00 2,000.00 3,154.50 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1, 000.00 1,000.00 1,000.00 1, ODO. 00 449. 00 1, 000.00 1,000.00 1,000.00 514. 00 1,000.00 657. l(l 800. 00 216. 67 216. 67 177. 70 177. 70 16 . 20 16. 20 16 . 20 15 . 70 15 . 70 15 . 70 149. 20 149. :W 149. 20 149.20 140.20 149. 20 149. 20 14!1. 20 149. 20 149.20 Indian depredation. Services as State Indian war commif;sioner. Do. Do, Do. Do. Do. Indian depredation. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Indian depredation and sup• plie·s. Indian depredation. Do. Do. Do. Do. Do. Do. lJo. Do. Do. Do. Do. Do. no. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Military services in "Cali· fornia Rangers," com· manded by Capt. G. H. Hage. Do, Do, Do. Do. Do. Do. Do. Do. Do. Do. o. Do. Do. Do. Do. o. Do. Do. Do. INDIAN WAR CLAIMS OF THE STA'rE OF CALIFORNIA. 89 SCHEDULE F, of California Indian war clainis, etc.-Continued. Serial Number Number For what In payment, for what num• of bond. ofeertifi- To whom issued. amount issued, etc., by California ber. cate- issued. -- ···- ·--87 769 1195 R. L. Northrup ..•••••••••••••. $149. 20 Military services in "Cali· fornia Rangers," com· manded by Capt. G. H. 88 770 1198 B. R. Robinson .....•.•...•.... 149. 20 HaK 89 771 1197 Jas. W. H. Rover ...•••.•... •.. 149. 20 Do. 90 772 1198 W. Slater ........... ~ .•••••..•. 149. 20 Do. 91 773 1199 F. Swan ............•••...•.... 149. 20 Do. 92 77~ 1200 J. Weisner ........••••••••.•.. 149. 20 Do. 93 775 1201 J. H. Weatherwax ..••..••..•.. 149. 20 Do. 94 776 1202 F. Wilber ..... .... ............ 149 20 Do. 95 ·-··-----· 1203 J.S.Webb .................... 149. 20 Do. 96 777 1204 C. Carlisle .....•.•....•...•••.• 149. 20 Do. 97 778 1205 W. Reed ...•.•.•••..••..•...•.. 149. 20 Do. 98 779 1206 J. McCartie ........•...••.••.. 149. 20 Do. 99 780 1207 S.Kirkru:ff .....••..•••........ 149. 20 Do. 100 ........ ____ 1208 Ed ward Carr .................. 149. 20 Do. 101 781 1209 C.Moore ...................... 149. 20 Do. 102 782 1210 Jas. Arnold ..•.••..•..••••••••. 149. 20 Do. 103 783 1211 H. Case ... ....•..••••••••••.•.. 149. 20 Do. 104 784 1212 Jas. Wood .................... . 149. 20 Do. 105 785 1213 W.l\'fathews .................. 149. 20 Do. 106 786 1214 F.Wallace .................... 149. 20 Do. 107 787 1215 C. C. O'Donald ................. 149. 20 Do. 108 788 1216 W.Martin ...... ...... . ....... 149. 20 Do. 109 789 1217 T. G. Hewlett ................. 149. 20 Do. 110 700 1218 tt~~~~i::.:::: ::: : :: :::: :: : : 149. 20 Do. 111 791 1219 149. 20 Do. 112 792 1220 J.Davis ....................... 149. 20 Do. 113 793 1221 R.1Hiller ...................... 149. 20 Do. 114 812 1238 A.L.Pardee ................... 1,000. 00 Indian depredation. 115 813 1238 ...... do ...............•.•.•.... 1,000.00 Do. 116 814 1238 ...... do .... ..... •........•..••. 1,000.00 Do. 117 815 1238 ...... do ........................ 1,000.00 Do. 118 816 1238 ...... do ..••••..•...........•.. . 1,000.00 Do. 119 817 1238 . ...... do ............ .. .......... 503. 92 Do. 120 818 1238 ...... do ....... . ................ 774. 00 Do. 121 819 1238 ...... do .................. ...... 172. 56 Do. 122 828 1248 W. E. Phillips ................. 650. 00 Do. 123 832 1159 Sleeper, Hamlin & Co ..•.•.... 1, 000. Ou Do. 124 833 1259 Lockhart & Roseborough .•.•. 2,500.00 Do. 125 834 1259 ...... do ........................ 2,500.00 Do . 126 835 1259 ...... do .. .••........•••.•..••.. 5,000.00 Do . 127 836 1259 ...... do .. . . .................... 3,665.00 Do . 128 839 1256 Henry Cuddiback ............. 29. 60 Military services. 129 840 1257 D. L.Mari1hall ................. 17. 60 Do. 130 841 1255 Tbos. P. Wyatt ................ 20. 53 Do. 131 843 1262 Peter Donnelly ... .. ........... 975. 00 Do. 132 844 1261 J. Manheim k Co ... .. ......... 472. 15 Do. 133 845 1264 D.H.Lowry . ................. 351. 35 Do. 134 846 1265 Elijah Steele .................. 900. 96 Military services and sup-135 plies. ---· ···--- 636 Nicholas Allgier .••..••....... 10. 00 Indian depredation. 136 ........... 825 James Walsh ................. 9.00 Su-irplies. 137 ··-···--·· 991 ...... do ........................ 100. 00 Indian depredation. 138 ............. 1266 G.McKee ..................... 20.10 Military services. 139 .............. 1267 ..... . do ... .. ................... 83. 20 Horse hire. 140 ---------- 1168 Robert O'Neil. ................ 430. 00 Military supplies. 141 824 1241 S. C. Georl?e ............... __ .. 132. 50 Military services. 142 825 1242 J .M. Van Sycle ............... 175. 00 Do. 143 829 1247 Wm.M.Young ............. ... 77. 05 Do. 1 ............ 992 ,Tames Walsh ................. 60. 00 Military supplies. 92,795.96 Sev-eral of the items in the foregoing schedule are on account of "claims for dep-· redations committed by Indians in the State of California/ for which the legisla-ture of said tate made due provif:1ion to examine, adjudicate, audit, pay under the aforesaid acts of April 18, 1856, April 25, 1857, and March 30, 1858, and acts amend-atory thereof and upplemental thereto, and for which said State fully satisfied the original claimants in ev-ery instance, either by a payment in gold coin, or in the issue of noninterest-bearing State Indian war bonds, or in State certificates of Indian war indebtedness. Most, if not all these State Indian war claims1 while not heretofore presented to the United tates in the particular forms in which they are now presented, yet in various ways and at sundry dates the existence thereof have heretofore been brought to the official notice of the proper accounting officers of the Treasury, but not acted upon by said officers, because, as they have alleged, "not included or pro-vided for in any act of Congress." 90 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. Since the date of the last presentation to your Department by the State of Cali-fornia of her State Indian war claims against the United States, Congress has pas.sed-an act entitled "An act to provid.e for the adjudication and payment of claims arising from Indian depredations," approved March 3, 1891 (26 U.S. Stats., 851). But this act of Congress of March 3, 1891, provides for +,he adjudication and P'.3'Y-ment of those Indian depredation claims only wherein the original parti~s suffer~ng such loss have never been heretofore indemnified therefor. But notw1thstandmg this, said act does not give the Court of Claims jurisdiction to adjndica~e or deter-mine, or even to hear, any of the items of this class of claims, such as 1s now pre-sented by the State of California herein, where a State, by and through its own 8t~te machinery, has heretofore examined, adjudicated, audited, paid, or assume~ the_h~-bility to pay such Indian depredation claims. Therefore, the State of Cahforma 11:t now absolutely without any remedy whatsoever, even under this remedial statute, different from that which it possessed prior to the date of the passage thereof, and before that date it had none at all. ·rt is proper here to state that by virtue of the special character of all the items of Indian depredation claims included in this Schedule F, constitutinl!, as it do~s, a, part of the general Indian war claims of the State of California against the Umted States, it was deemed advisable by said State, prior to March 3, 1891, to ca!l the attention of the Indian Office to said items, and to submit to said office the h1st?ry thereof, as far as may be, in each particular case, and to file said items in the Ind1~n Office in the hope and expectation that they would be provided for by Congress m the Indian depredation act of March 3, 1891. But neit her the honorable Commissioner of Indian Affairs nor the honorable Sec-retary of the Interior, to whom this subject-matter was especially referred by the honorable Commissioner of Indian Affairs · for instructions as to what should be done by him in these premises, could recognize said claims as pure Indian depr~da-tion claims, with the State of California as payee or as claimant, but perm1ss10n, nevertheless, was granted by the honorable Secretary of the Interfor to sai~ State to make all of the same matters of official record in the Indian Office, by virtue of a special decision of the honorable Secretary of the Interior rendered therein Feb-ruary 27, 1891, as follows, to wit: . DEPARTMENT OF THE INTERIOR, Washington, February 27, 1891. The Honorable COMMISSIONER OF INDIAN AFFAIRS: Sm: I acknowled~e the receipt of your communication of 28th ultimo, in which you ask for instruct10ns as to the disposition of certain original declarations and affidavits in Indian depredation claims heretofore filed by the State of California. For you_r information and guidance in the matter, I transmit herewith theop~io_n of the Assistant Attorney-General of this Department of the 24th instant, wherem it is stated-' ~ There is n? provision ~nder the acts of Congress authorizing a State to prosecute ~lam:~s ~or Indian ~epredat10ns. I am, therefore, of the opinion that the State of Cal-iforma l" not entitled to prosecute these claims. '~ As to the individual c~aimant's rights, it is clear that in the presentation of these claIIDs there has been a failure to comply with the several acts of Congress and t~e rules and regulations made in pursuance thereof and by reason of such failure, said claims, s~rictly ~peaking, are not invested with 'the characteristics of legal Indian depredation claims against the United States. Still it appears to have been the inte~tion of Congre s, as expr s ed in the act of March 3, 1885, and subsequent acts her m_ referred to, to have all claims that have been filed in the Interior Department a Indian depredation claims, on behalf of citizens of the United tates, carefully inv tio-ated by the ecretary of the Interior and reported to Congress for its action ther on. " ect~on 466 of the Revised tatues provides 'that no payment on account of any sue~ claim hall be made wi bout a specific appropriation therefor by Congres ,' and sec 1 1:1 209 ?f th vi eel tatutes provide ' o claim for Indian depredations will be paid un~1l 'on re ha_ll make sp_ cial appropriation therefor,' and inas1;11~ch a the e clu.tm ha. n filed as Indian depredation claims I am of the opm1on th3:t t h hould be carefully investigated and r p rted to Co~gress for such action 1t may le m pr p r." Th inclosure of y ur ommunication ar re urn cl herewith. J m W. OBLE, ecretary. INDIAN WAR CLAIMS OF THE ST .\_TE OF CALIFORNIA. 91 tofore duly examined in the Indian Office and favorably recommended by the Secre-tary of the Interior to Congress for payment. In this preferred class of Indian depredation claims the Court of Claims, without any further examination therein, is in every case authorized to enter up judgment in favor of the claimant for the full amount so allowed or recommended, unless either the claimant himself or the United States shall elect to reopen said claim and try the same de novo, as authorized by section 4 of said act, in these words, to wit: "SECTION 4. * * * P1·ovided, That all unpaid claims which have heretofore been examined, approved, and allowed by the Secretary of the Interior or under his directions in pursuance of the act of Congress making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipula-tions with various Indian tribes, for the year ending June thirtieth, eighteen hun-dred and eighty-six, approved March third, eighteen hundred and eighty-five, and subsequent Indian appropriation acts, shall have priority of consideration by such court, and judgments for the amounts therein found due shall be rendered, unless either the claimant or the United States shall elect to reopen the case and try the same before the court, in which event the testimony in the case given by the wit-nesses and the documentary evidence, including reports of Department agents therein, may be read as depositions and proofs: Provided, That the party elected to reopen the case shall assume the burden of proof." .. . _ __ In other words, Congress, in said act, duly authorized a judgment to be entered up in favor of the claimants and full payment to be made to such claimants in every. case, where the claim was filed in the Indian Office prior to March 3, 1891, wherein a favorable report had been made by the Secretary of the Interior, and for the amount as allowed or recommended by said Secretary. _ Why, therefore, shoulcl not Congress give an equal dignity to similar adjudications and final audits and decrees in equity of awards of the State boards o.f. . tp.e State. of California in this case, especfally, too, when said :tdjudications have resulted in the issuance of noninterest-bearing State Indian war bonds and certificates of Indian war indebtedness, and all received by said claimants in fullJ~quJ_dation and p_ay~ent of their said claims, and many of which are now in the hands -~f. third P8!r: ties, mnocent holders thereof, for value paid therefor f These bonds and certificates have ever heretofore passed at their face value, con7. stituting in fact a currency throughout the State of California, and wherein that State has partially redeemed the same in whole or in part, and the remainder are now largely in the possession of third parties, bona fide innocent holders for value received, a record of all of which so far as can now be found, was filed in the Indian Office by the State of California prior to March 3, 1891. · This recognition by Congress is now the more appropriate in view of--the-.recitals-contained in Exhibit No. 12 A, wherein it fully appears, that all the original State records of the official proceedings and all the archives of said State boards;·whereirr were contained the record of their said examinations, adjudications, a_udits, and allowances in all of said Indian depredation cases, after most diligent search made therefor in all of the State offices of the State of California at Sacramento,. can not now be found, the presumption being that said original records are either now in the possession of the proper accounting officers of the Treasury of the United States,. or of Congress, or that the same are mislaid or lost. The adjutant-general of California, on March 2, 1862, in compliance with a con-current resolution of the legislature of that State, submitted a report in writing on· this matter, setting forth that portions of said original State records were sent to Washington for use by the California Indian war claims commissioners (all of whom are now dead) appointed under the act of the legislature of that State, approved April 19, 1856 (Exhibit No. 12, p. 114, Senate Ex. Doc. No. 122, Fifty-first Congress, first session) . In addition thereto, under a concurrent resolution of the legislature of California approved April 18, 1860, it appears that the record of the action of said State board of ~ar c_laims examiners. on these. claims was ordered to be sent by the governor o~ Ca~forma to the dele~at1on then m Congress from that State, as evidence to support a bill t~en pending m the House of Representatives having for its object "the_ assumption and payment by the United States of all of said California Indian war debt," as recited in Exhibit No.19, p.119, said -Senate Ex. Doc. No.122. So that the archives kept at Sacramento and transmitted for use before your Department show a record only of the numbers of said bonds and of said certificates of indebtedness issued and paid out by said State in liquidation of said Indian war claims, with names to whom, purposes for which, and amounts for which the sam~ were so respectively issued in payment of this class of claims, after the same had been fully examined, duly adjudicated, and finally allowed, and the extent to which ihe same have heretofore been redeemed and paid by said State, a full, true, and correct exemplification of all of which as aforesaid 18 set forth in the aforesaid. Exhibit No. 75 F. S. Ex. -1-1@ 92 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. Such papers entitled to be considered as secondary evidence relative to portiona of these claims in Schedule F, in full or in part, as the State of California has now in her possession, are now submitted herewith to support matters recited in thia Schedule F, marked" Exhibit No. 76 F," which, tabulated, are as follows, to wit: (1) CAPTAIN G. H. HAGE. -·' No. Date. From whom. Subject.matter. 1 1851 and 1852 ................................ . 2 Dec. 4, 1861...... Gen. William C. Kibbe ...•.. 8 Dec. 6, 1861. ..... Myron Norton .........••... 4 ]85land]852 .....................••••..••.... 5 Nov. 21, 1861 ..•. R. G. Watkins ......•••.••.. 6 Nov. 80, 1861 .....••... do .................•... Muster roll of California volunteers. Relative to California rangers. Do. Pay roll of California rangers. Relative to California rangers. Do. 7 .... do ........••....... do ....... ............. . Supplies furnished California ran~ers. Relative to services of Capt. Hage s company. 8 Nov.15, 1861 . . • . J. McDongle, late governor of California. 9 1851 and 1852 ... R. G. Watkins .••..••••.••.. Account of supplies furnished. 10 Nov. 80, 1861 .... .... .. do . .........•..••...•.. Account of charter of Brig North Bend. 11 Dec. 7, 1861.. • • { g-_ t.'Wg~e~~~ftt::::::: J Relative to California rangers. (2) P. D. BEEBE. 121 July 2, 1859 .... · I P. D. Bee be ....•......••... · I Relative to his Indian Will" claim. 18 Aug.18, 1858 ......•... do . . . . . . . . . . . . . . . . . . . . . Receipt. (3) CAPT. ELIJ .AH STEELE. 141 1852 .....•... •···1···· ·· •·····•.•················I Pa:rroll. of Capt. E. Steele's company. 15 July 27, 1857.... Edward Wicks............. .Affidavit, etc. 16 1857 .•••••.•.••.. Various names .......•..... Relative to Capt. Steele's company. I (4) JAMES WALSH. 17 Ang. 27, 1857 •••. James Walsh ..• . .••..•• .... Relative to bis claim. 18 Oct. 7, 1857 . . • • • . Wm. C. Kibbe . . . . . . . . • • . . . . Allowing said claim. ~~ Oct.14, 1857. •• . . James Walsh............... rr:~~s;a!i~~st:i:~~~~~d.llowance. 21 ·n~c:ao;issi::::: ·G~~--A--Y~~"r;g:::::::::::::: Receipt of attorn&y. (5) NICHOLAUS .ALLGEIER. 221· May, 1850 ...•.• ·I···· .......................... , Statement of claim. 2!1 Nov. 6, 1857 ..•.. S. B. Smith .....••..••.••... Receipt of attorney. (6) D. H. LOWRY. -No. Date. From whom. Subject-matter. 24 Au£U-Bt to O· ··-··-························ Statement of claim. vemb r, 1852. 25 Aug. 10, 1861, Lowrie, McDermott, and Affidavits in support of claim. and Oct. 31, Van Wyke. 1856. 26 Dec.17, 1862 ..... D.H.Lowry ................ In support of claim. 27 ......................... Charles McDermott and Affidavits in support of claim. 28 Dec.17, 1862 .. ... Van Wyck. McDermott to D. H. Lowry . .Affidavit in support of claim. (7) H. D. VAN WYCK. 29 30 I og.17, 1 1. .. -1 McDermott and II. D. I tat ment and affidavits in support of claim. Lowry. ug.14, 1 58 . . • . Cha . R. tre t.............. Receipt, bonds 1046-9. 31 I From May 6,1856,1···· •••.•••.••....•.......••.. , ee memorandum below.* toJuJy 31, 1857. * Thi ntun ber con ist of tw nty-six paper .. , comprising lett rs, tat men ts of account , receipts, affidatits, certificate of allowance, etc., all r latmg to the claim of . C. George. 1~1)14.N WA;R CL,A.IMS OF THE S'fA,'PE OF CAI.iIFORN~A. 93. The particular items in this Schedule F, where the record thereof )Vas ~led ~n, or dp.e notice giv~n to, the Indian Office in sai4 cases. ?Y the St~te of C~hforn1a pr10r tQ March 3, 1891, together with the correspondmg Indian Office numbers, are tabulated as follows, to wit: Serial ~o. 12 a 34 362 g Name. James Wl!clsh .•••• , ••sr······· ...... do .........••••• , ••..•..•. J. A. Di;ieQ~llili! ~·;·~~···~: ••.. ra:!:mw~i~~e~~~~:::::::::::: J. S. l:'. Bass &Co ..•..•.....•.. Williams; ., McDer·mott . & 48 •• .?:~do:.8~~1:::::::2:::::::::::: 49 ...... do ..... :.: •••••••.•••. : ••. i ttat~;;::::::::;:::::::::: 53 ••.... do ...••••.•...••.••••.••.. 54 ••••.. do .. :~ •...•...•••.••..••.. !~ :::;J~:::~:::::::::::~~::::::: 58 •••••. do ...••••.••...•••••• . • -~~ ·Y. ·c:i~ti~::::::: :::::: :: : ::::: 61 .••... dq , ••• _ . , . , •••••••• .. ••··· Indian Serial Office No. )S"o. ~fame. 697'7 6977 6968 6992 6977 69!!3 6974 6974 6974 6998 6998 6998 6998 6998 6998 69!!8 6998 6998 6998 6975 ~~15 ~ J. P, Butl~l' ..••••. .,.,., ••••... 63 •..... do .. ·•·••p••·········,··· 1~1 ti~~!fcfe~~~:::::::::::::::: 115 .•••• -do ••••••• : ••.•.•• : .••.••.. m :~::JL:::~::2:::~:::::::::~: 119 •••••. do ................. ...... . 12Q .••••• do ..•.. : ••••.••. : •.••.•••. 121 •.•... do .......•.•.•• ~ ••. · . 1 • • ~ • 122 W. E. Phillips ................ . 123 Sleeper, Hamlin & Co .....•••• 124 Lockhart & Roseborough : ••.. 125 . .•••.• dQ .••••••••••••...•..••••• m ... :.~~~ .... : ..... : .. ~~.:::: .... 131 Peter Donnelly .•••.•.•.....••. 136 James Walsh .••••••. : •••••... 137 .. , ... do •••••••••• , ••••••••••••. 1372 •••••• do ................ ~,·•·•·· Indian Office No. 6975 6975 6989 6966 6966 6966 6,966 6966 6966 6966 6.966 7001 6~94 6'73 6973 ~g~g 1oio 6977 ti977 6~77 Wherefore the State of California now wove,, the ho:µorauie l;l~cretary of the Treasury to req~est the honorable Secretary of the Interior for leave to temporarily withdraw from tb.e files of the Inqian Office al~ <;if s3:id J1;1di&n depred~tion cases ~H> numbered and so filed in the Indian Office by the State Qf California prior to March 3, 1891, and tb.at ~e may be pleased to consider t4e same herein, s9 that all .of saIJle iµay constitute a part of this presentation by the State of GMifo:rnip, in supp<;>~t pf this Schedule F,an. made py the State of Ca}ifornia,, and tp whom said State obli~ations were delivered and paid, l).aving been truly indemnifieq, c9mpensll,te9-, !1,nd ~atu'!fied by said State, on accou:q.t of sai!l I:p.dian dep:red~t}ons f,l,:µd losses arising frpm said Indian depred~tions, b..ave :µqw ~o lo:qger any p,ecuni~ry interest in the claims then,.selves, but they or their assignees may have intere~t in th~ bonds issue9- by !:,aid State in satisfaction of said cl!l,,ims, sp that said claims p.av-ing been duly satisfied by s;:t,id State their rights should hecome legally subrogated to those of the State of California, who c::i,n be left to hereafter qeal with said bol}d:: holq.ers in a1i <;Ja&es where said bonds themselves have :q.pt heel). finaily r~deemeq. anti. pai4 by said State. ·· The State of California q.oes not know with ;:t,ny degree of certaiI1ty of the present whereabouts of said original claimants, nor does she know whether they are all now livi:p.g or dead, and said Sta.te is absolutely without relief in a:p.y of these premises; therefore, she now urges the equity of her said clai~s herein, ::i,:qd reque,sts that they be duly submitted to the favorable consideration of Congress, with a recommenda-tion that Congress may give to these State adjudications herein, a dignity equal to that heretofore given by Congress, under said Indian depredation act of March 3, 1891, to recommendations made in similar cases, when acted upon exclusively in the Indian Office .and in the Interior Department, all of which the State of California prays may now be done in these State cases. · The State of California declares, as provided for private claimants in said pre.: feued class under said Indian depredation act of March 3, 1891, that for reasons above recited, she now elects not to reopen any of said Indian depredation adjudi-cations, but expresses her wmingness to fully abide by the awards heretofore made in each thereof by her own State boards. 94 INDIAN WAR CLAIMS 01!, THE STATE OP CALIFORNIA. BECAPlTULATJON OF CALIFORNIA'S INDIAN WAR CLAIMS AGAINST THE UNITED STATES. The foregoing statement has been subdivided into six separate schedules, to wit, A, B, C, D, E, F, in order. (1) That all California's In din war claims and all expenses incidentally connected therewith, arising prior to January 1, 1854, to pay or liquidate which due provi-sion of law was enacted by the legislature of California in its act approved Febru-ary 15, 1851, May 3, 1852, April 16, 1853, and May 18, 185:3, etc., · authorizing the issu-ance of interef?t~bearing State Indian war bonds, Stl:!,te .controller's warrants and State treasurer's certificates of balances due on State controller's warrants, and not heretofore fully paid or wholly reimbursed by the United States, shall be sep-arately grouped in one schedule herein, marked A. (2) That all Calif9rnia's State Indian war claims r(;l]ating to e~penses connected with the "Mendocino Indian war claims or expedition of 1859," to pay which in gold coin, due provision was made by the legislature of California in its act approved April 12, 1860, and not heretofore paid or reimbursed · by the United: States, shall be separately grouped in one schedule herein, m1;1,rked 'B: · · · · · · (3) That all California's State .Indian war claims relating to the" Carson Valley or Washoe Indian hostilities of 1860," and all incidental expenses connected therewith, to pay which; in gold coin, due provision of law was made by the'legislature of Cal-ifornia in her several acts in a schedule thereof duly :recite.cl; and not heretofore paid or reimbursed .by the United States, shall be separately grouped in one schedule herein, marked "C." · · · · (4) That all Californfa's State Indian war claims, whether arising prior or subse-quent to January 1, 1854, and allowed, audited, and paid either in gold coin or in• interest-bearing bonds, duly issued by the State ofCaliforniasubsequentto January 1, 1854, under due authority of laws other than those :of February 15, 1851, May 3, . 1852, April 16, 1853, May 18, 1853, enacted therefor by the legislature of said State as in a schedule thereof recited, and not heretofore presented, paid, or reimbursed by the United States, shall be separately grouped in one schedule herein, marked '' D." (5) That all California's State Indian war claims arising between .January 1, 1854, and March 2, 1861, examined, adjudicated, audited, allowed, and paid either in gold coin or liquidated in noninterest•bearfog State Indian war obligations, in the form either of State Indian war bonds or State certificates of Indian war indebtedness, under the acts of the legislature of said State, approved April 25, 1857, March 30, 1858, etc., and not heretofore fully paid or fully reimbursed •by the United States, shall be separately grouped in one schedule herein, marked "E." (6) That all California's State Indian war claims, irrespective of the dates when the same arose, and consisting principally of claims arising on account of depredatio3:s committed by Indians in California, due notice of which, with evidence, was filed m the United States Indian Office prior to March 3, 1891, and also certain California State Indian war claims never heretofore presented to the United States, to liquidate which noninterest-bearing bonds and certificates of the series aforesaid were duly issued, and all of which have been heretofore duly examined, adjudicated, audited, allowed, and liquidated in said tate Indian war obligations, but not heretofure paid or reimbursed by the United States, shall be separately grouped in one schedule herein, marked "F." The amount of all these California tate Indian war claims, so severally scheduled, al'e now tabulated as follows, to wit : (1) .Amount set forth in chedule A .................................. . (2) .Amount set forth in chedule B ........•••.•..••......•.......•.•• (3~ .Amount et forth in chedul C .................................. . (4J .Amountsetforthin cheduleD .... ..............................• (5) .Amount set forth in cbedule E .................................. . (6) .Amount set forth in chedul F ......•............................ $271,849.73 9,294.53 12,216. 7 55,162.03 219,075.95 92,777.46 Makin a. total aggregate of California's tate Indian war claims again t th ni ed 'tate , none of which have heretofore been paid or redeemed b the nit d tat , and now due and paya-ble by the nited tates in the sum of ......•••••.•••• _. • • . . . . 660, 376. 57 CO LU IOi: . In concluding this final tatement of California's tate Indian war claims, and the pre entation 01 the r a on to upport her petition to show why she should be fadem-nifi.ed by b in fully reim ur ed by the nited tate on account of the actual amounts of money by her heretofore paid, and of the liabilities by her heretofore INDIAN WAR CLAIMS 01!' THE STATE OF CALIFORNIA. 95 assumed and promised to be paid as set forth in the foregoing schedules A to F, inclusive, attention is specially calied to certain fundamental propositions, which, it is respectfully submitted, enter as important factors herein, which should secure favorable consideration, provided they be not basic principles which should finally determine and, without further question, control the :final adjudication by the United States of these Indian war claims. FIRST. 1These claims are not private claims to be weighed only in the refined legal balances of the accounting officers of the Treasury, but they are public claims, presented to the United States by the State of California in ber corporate and political capacity as one of the States of the Union, and are entitled to thehighest consideration both of your Department and of Congress. By virtue ofthe political relations sustained by the State of California to the Fed-eral Government, that State and her people have been constitutionally guaranteed the right of adequate protection of life and property against Indian invasion and against Indian hostilities, the domestic tranquillity of her citizens bas been insured by the General Government against Indian disturbances wit.bin her borders, and, impliedly, said State and her citizens have a right to a full indemnity upon the failur@ of the General Government to afford such adequate protection and insurance, in any case where said State has been compelled to incur expense to alternatively secure such protection. The Federal Government treats the Indian tribes of the United States as its wards, and in the past has ever, when dealing with said Indian tribes, treated them and with them as quasi independent nations. Neither said Indians nor their property are subject to any control of the several States within whose respective borders said Indians reside. California, like each of the other States, upon her admission into the Union, sur-rendered to the United States the exclusive power to create and control an army for., the defense of her territory, and for the protection of her property and that of her citizens and of their property, in so far as Indians and Indian affairs are concerned. This surrender by said State was upon the guaranty that the Federal Govern-_ ment would do that which each of the original thirteen States bad a right to do, prior to their admission into the Union, for such defense and prot,ection within their limits respectively, and California, like all new States, was admitted into the Union upon an equality and equal footing with the thirteen original States. Hence the guaranty" by the Federal Constitution from invas .on ancl insurance of domestic tranquillity applies with special force in the case of the Indian tribes in the State of California. Wherefore it would seem to conclusively and logically follow that, if by reason of the failure of the General Government to keep this guaranty in the case of the State of California, that then full compensation should be duly made to her in premises like these hereinbefore recited. It seems quite impossible to make a stronger case than this, as grounds for asking compensation under this guaranteed protection. If this does make a case against the General Government, then said constitutional guaranty might better have never been written. But it is respectfully submitted that the matter is now no longer an open question, because Congress, in numerous of its acts and especially in its last declaration, to wit, the act approved March 3, 1891, an act entitled "An act to pro-vide for the adjudication and payment of claims arising from Indian depredations" (26 U.S. Rtats.), though long delayed, has finally fully recognized its constitutional obligation to fully hear, determine, adjudicate, and pay all just Indian depredation claims judicially brought, with evidence, to the official notice of the United States prior to ~hat date in all cases whether the claimants be individuals, companies, or corporations. SECOND. If the recitals in this statement show anything, they conclusively show that the Indian hostilities herein recited, existed in sixteen counties in the State of Califor-nia, and from the records of the War Department that in eleven of said counties the United States did not have a single soldier, and that in the five other counties the military force of the United States was not mounted, and was too small, in fact inadequate, to be trusted to leave its camp,"barracks, posts, or the Indian reserva-tions in said State_. whereon they were chiefly stationed, to guard and hold in sub-j ection the friendly Indians then held in custody on certain Indian reservations. For said troops to have loft any of said guarded places, and to have gone therefrom to the protection of the citizens in said eleven other counties, would no doubt have resulted only in adding to the number of hostile Indians, by adding thereto those who were then in amity with the United States. 96 INDIAN WAR CLAIMS OF THE STATE OF CALIFORNIA. The facts relative to the want of adequate military protection against the Indians in California are therefore incapable of bona :fide dispute, because they are facts not only established by the public records of the State of California, but by those of the United States, facts which have entered into, made and constituting a part of the accepted public history of the State of California during this peribd of which Congress and the Departments have heretofore taken due cognizance, and with which this statement is most replete and folly confirms. . This branch of the history of these claims is therefore not embarrassed by either legal doubt or controversy as to facts, leaving only to be det,ermined by the United States the just measure of allowance of the obligations resting upon the General Government as resulting from these facts, as fully shown in this statement. It is, therefore, respectfully submitted that neither addit,ional data n()r any argu-ment whatsoever are needed to show that in consequence of the peculiarly hazard-ous condition of Indian affairs in California from 1854 to 1861 unexpected emergen-cies suddenly arose with which said State was immediately compelled to grapple, either by using her own State militia, or, alternatively, to improvise other adequate military protection against hostile Indians therein, in order to properly compensate for the failure of the General Government to furnish that needed protection so guar-anteed said State in the Federal Constitution. While the Federal Constitution is silent or fails to declare what result shall follow the failure of the General Government to keep said constitutional guarantee to protect any particular State in any partfoular case against Indian hostilities,. ~nd the failure to keep said constitutional guarantee to insure the domestic tranqml~t.y of any State against Indian disturbances, yet equity, reason, precedent, com1ty between the se.veral States and the United States, like comity between independent nations, all suggest that if there existed a poUtical obligation on the part of _the General Government to so protect California t,here must be a consequent political liability and a corresponding necessary pecuniary obligation on the part of the General Government to indemnify said. State upon the failure to so protect. It is respectfully submitted that the statutes of Congress, the international ad-judged cases, the citations of publicists, and the maxims of text writers. upon t~e general question of liability involved herein, and the demands through diplomatic agents, the last-noted instance thereof being the demand of our own Governm~nt upon and agreed to by Chili for indemnity, and a tribunal to hear and determrne the same is now in session in Washington City, and other similar examples that could be multiplied, all conclusively estfLblish one and the same lesson, to wit, that, where hostilities, such as the aforesaid Indian hostilities in California from 1851_ to 1861, brought npon said State and her citizens, peculiar and specific expenses which were incurred ju behalf of and resulted in the general good of the public, whose" com-mon defem;e" had been so guaranteed that the General Government ought to make full compensation therefor by reimbursing said State the actual amount of money by her so paid out, and to pay her, for the use and benefit of said citizens, the full amount of the liability so by her assumed in liquidation and payment of such ex-penses and promised to be paid said citizens by said State. Whatever pecific sum of money is found necessary and proper by the United Stat.es to folly compensate the State of California au

Indian War Bonds

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Indian War Bonds

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