University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18996-30-1886Claims arising out of Indian treatiesFollow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis House Report is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted forinclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of Universityof Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationH.R. Rep. No. 3117, 49th Cong., 1st Sess. (1886)49TH CoNGREss, t HOUSE OF REPRESENTATIVES. {REPORT 1st Session. t No. 3117. CLAIMS ARISING OUT OF INDIAN TREATIES. JuNE 30, 1P~6.-Comrnitted to the Committee of the Whole Honse on the state of the Uuion and ordered to be printed. Mr. HAILEY, from the Committee on Indian ..Affairs, submitted the fol-lowing REPORT [To accompany bill H. R. 97il9.] The Committee on Indian Affairs, to 'Whom u:as referred the bill (H. R. 7849) "to establish a board of commissioners to examine, adjust, andre-port on all claims arising 01J,t of India,n treaties and depredations com-mitted by the Indians, and for other purposes," have duly considered the ~ame and report as follows : For many years large numbers of claims of citizens of the United States for depredations committed by the Indians have come before each ses-sion of Congress. Some ha,·e been presented by private bills and pe-titions, while many others have been transmitted to Congress by the Secretary of the Interior, in accordance with existing law. Numerous <>ther claims of Indians for depredations by white men have also been reported upon by the Secretary of the Interior. No positive action has been taken by any Cougrt>ss, with a view to final disposition of t->ither <>f these classes of claims. At each session numerous propositions have been made in tile form of general bills, to refer these claims to some commission or to the Oom·t of Claims; but, so far as your committee can find, no action bas ever been taken by any committee upon any of these propoBitions. Each Congress bas contented itself with paying a few of the claims by special enactment. Your committee have bad be-fore them both general and special bills, proposing to deal with claims of this class as well as a comprehensive report of the Secretary of the Inter-ior showing the number of claims tiled in this Department (H. R. Ex. Doc. 125, Forty-ninth Congress, first session). ..Aft('r a careful consideration, sour committee have reached the conclusion that the only course consist-ent with a due regard on tbe one band for the obligations of the Govern-ment, and on the other for the proper security of the Treasury from un-founded demands, ir. to provide for the examination of these claims by some tribunal endowed with ample facilities for :sifting their merits thoroughly, in whose fimliugs Congress may safely repose confidence. Mindful of the importanee of the subject-matter, your committee have deemed it proper to present these reasons for submitting the substi-tute which accompanies this report. The relations of the Government to the Indians are complex. When the problem to be solved involves not only these relations but also the <>bligatiom; of the Government towards its citizens and the Indians in their relations to each other, its true solution can only be reached at'ter CLAIMS ARISING OUT OF INDfAN TREATIES the most pait1staking and careful consideration. A full review of the legislation of Congress upon the subject of the depredations of Indians and whites upon each other is the first. necessity in this consideration. From the earliest rmined to leave for itself the final diRpo:-;ition of all such cases and enacted, J nly 16,1870 (16 Stat. L, 360), that no appropria~ tions to pay annuities should thereafter be used to pay depredation claims, and that no depredation claims should be paid without special appropria-tion therefor by Congress. This provision of law now appears as section 2098, Revised Statutes. Two years after this enactment an act of Con-gress (May 29, 1872) (sec. 7, 17 Stat. L., 190), was passed, doubtless de-signed to afford a comprehensive remedy to claimants who had suffered losses by Indian depredations. This required the Secretary of the In-terior to investigate claims of this class presented to him, and to report the claims to Congress, together with his allowance or disallowance and all the evidence. This law appears as sections 445 and 466, Revised Statute~. It was probably expected that the reports of the Interior Department. under this act would be generally accepted, and that the special appropriations for allowed claims would be made almost as a matter of course. But the result has been far different. The reasser-tion of the ancient liability of the Government is strongly implied in the act of 1872, but very few payments have been made. In nearly every Congress bills authorizing the payment of a few claims have be-come laws either because of their exceptional merit or from some other causes. While these few cases are :sufficient to show that the liabilitv of the Government has been constantly affirmed, they amount to very little as an actual discharge of its obligations. So great was the wrong caused by the delay in payment that at the second session of the Forty-eighth Congress a large number of claims of this kind which had been approved by the Interior Department were placed upon the Inrlian ap-• 4 CLAIMS ARISING OUT OF INDIAN TREATIES. propriation bill, and passed by tlle HouRe of Hepreseutatives. But the Senate, in compliance witll its rule f .. rbidh says (pp. 3660 and 3661) : Submission to the Govermnent is the primary obligation of the citizen, and protec tion of the citizt>u is the correlative obligation of the Government. Theoretically, it, is the duty of the Government to afford protection to all its citizens in the enjoy-ment of life, liberty. and property, not only within its borders, bnt everywhere they may lawfully go. While its obligation to afford protection is sometimes by law de-Yoh·ed by the :::itate upou municipal corporations intrusted with certain powers of go.-ernment, the dnty is the duty of the State, the power .so e.xercit>ed being derived from the Stat A. The Government of the United States forms no exception 1 o this gen-eral rnle. ·within the po\vers conferred upon it uy the Federal Constitution and for the purposeB of its creation it demands the allegiance of the citizen, and to the ex-tent of-those powers it owes every citizen protect,ion. As Congress has power "to declare war," ''to raise and support armies," "to provide and maintain a navy," and the States are prohibited from keeping ships or troops in time of peace, from eutering into any agret>ment or compact with another State or with a foreign power or to en-gage in war, it becomes the evident duty of the General Government to protect the citizens of the United States in the enjoyment of life, libert.y, and property against foreign powers and their citizens and subjects, and the obligation of the Goverumeut to do this bas never been denied, and in the discharge of this obligation it bas de--clared war, called into use the Army andNavy, taxed the people, aud borrowed money npon the public credit. * For every wrong there should be a remedy. If one citizen of a State injures another in l'erson or property the State ought to provide for the rerlress of that wrong by legal methods; and whenever the State, or muncipal corporations within a State, fails to afford such reasonable protection as is within its powers to the citizen, the State or municipal corpora.tion upon the plainest principles of justice should be re-quired to indemnify the citizen for any loss snstaiued by reason of such failure. The States are powerless under the Federal Constitution to protect their citizens from the Indian tribes. It is true that in case of actual Indian hostilities they may repel invasion and drive the murderous savages back to their cities of refuge-the reservations-but within them they are safe under the protecting regis of the Fed-e.ral authority. The States cannot demand or enforce satisfaction from the Indians for the losses sustained by their citizens. The Federal Government interposes itself between the States and their citizens to shield the Indians from the ordinary and uatural consequences of their acts. The citizen cannot justly demand:that recourse CLAIMS ARISING OUT OF INDIAN TH.EATIES. 5 agnt. The law__. of the corumonwealths in \Yhich they are situated do not cover the:n. The process of the civil courts cannot inv:ulP them. They are cities of refuge, an they should nndt·r tlw laws. But if a white man burns yonr Louse or steals your horse you can follow ltilll auywhere witlt the law. You can arre;;t him, pnuish, anli~ation and that of paying our citizens for depre-dations committed by the Indians to be reciprocal. The citizen should not be treated with less consideration than the Indian. The duty to 6 CLAIMS ARISING OUT OF INDIAN TREATIES. each should be performed, and means provided tor payment to each of his rightful dues. Senator Cole, of California, well said in 1870 (Oong. Globe, part 5, p. 4010, Forty-first Congress, second session): A great deal less care, it seems to me, is given to our own race than to the Indian t·ace. We are providing for their comfort and convenience, and not providing for those against whom they have committed offenses-upon whom they have inflicted damage in some way or other. The bill reported by your committee makes a just provision for the wrongs committed on both sides. The reading of the many Indian treaties made from the foundation of the Government to 1S71, when further treaty making with Jndians was forbidden by law. shows that many of the Indian tribes have for-mally agreed that their annuities or other funds shall be liable for pay-ment for depredations committed by members of the tribes. In .Ap-pendix D to this report is given a list of treaties making provisions as to this subject. It has already been seen that the United States by law took upon itself the obligation of paying these Claims from treaty funds, and bas never divested itself of that obligation, although there has been for a number of ;rears a failure to make appropriation for the performance of this obUgation. The law and the treaties in effect make the Government the trustee holding these funds for the lw11efit of the sufferers by any depredations which these Indiaus may commit. The Government bas also assumed the obligation of caring for t.he Indians and supplying all their material neees~dties. Where the In-dians have had treatJ· funds clue tlJem the Government bas been re-lieved of the need of appropriating mone~r from the Treasury to supply their necessities; but in using funds which ought to ba:ve been kept for the benefit ot the sufferers b_y deprPdations in supplying the need of the Indians the trustee has made itself liable for the pa}ment of the claims of the sufferers. There are many Indians to whom annuities were due in 1870 who haye now received everything due them, although claims for depreCiations committed by them have been presented and allowed. lt was the duty of the Government, both by Rtatute and treaty, to pay these claims with the treaty funds, but having· neglected this duty and diYerted the funds, no matter how useful a purposP, it mnst now answer to the claimants from the Treasury. In House Ex. Doc. 5, Forty-first Congress, second se:ssion, p. 182, it appears that $4,167,486.30 was estimated as necessary to be appropriated for the fiscal year ending J uue 30, 1870, to fulfill treaty stipulations with Iu in his office, dating from 1850 to the pre.-ent time, aggregate $1:3,000,000; tllat many of these claims, to an inde-terminable amount, were paid by the Indian agents prior to the year 1870, aud tllat Congress has appropriated by special aet8 $I ,654,530. Subtnwting this amount appropriated from tlle total claimed, leaves 11,345,470 as a maximum of all the claims presented without allowing for the uncertain anwnnt paid l>y Indian agent101. By reference to the table prest>nted a~.AppendixH to thiR report giving: the amounts claimed, allowed, and disallowed, iu v::~rious claims tril>unals, it will be seen that the highest proportion of the amounts allowed to tLe amounts elaimed in any of tlwse se,·eu tribmJ::~ls is less than 25 pf'l' cent.; that this maxi-mum perceutage was in a tribunal (the Court of Claims) which has bad a strict statute of limitations and iu which the cognizable claims are those arisiug upon coutract, and generally for liqui(lated sums; that tlle next highest proportion, in claims considere(l by the Quartermaster-General uudPr the act of .July 4, ll:;64, is hut 14 per cent. and that the proportions rnu down as low as one·tenth of 1 per cent. (claims against Fran(·e uudt'r the conveution of .J a unary 15, lt\80). As many of the witnesses are dearl by whom the claims em braced in this l1il1 mig-ht have been proYed at an earlier date, as many of the claimauts are dead and their heirs scattered to all parts of the country and as the claims are for itt>ms of property wbich are t>asily subject to a lJigller valuation uy tlle owuer than they migl1 t have iu the view of the commission, the committee are of the opinion that the proportion <>f allowances to claims cauuot in any eve11t exceed ~5 per ceut., the maximum verceutage shown as having l>een allowPd by any of the tri-bunals who8e allowances are contained in the table presented in Ap-pendix II. This iH a liberal estimate aud would fix the total of allow· ances upon claims already filed in the Interior Department at about $2,800,000. It is not possible to estimate with certainty the number of new claims wbiclJ would he filee made anrl tile same proportion of allo\\yaucPs used as a l>asis of estimate, it will be seen that the total expenditure under this net for lndiau depredation claims is not likely to exceed $4,200,000. \Vhile it is difficult to make an approximation of this character, it will be uoticetain information aud mTidence to aid them in arriving at correct decisions. To further their obtain-ing e''ideuce, each member of the board is authorized to act separately 8 CLAIMS ARISING OUT OF INDL\N TREATIES. for that purpose only. All decisions upon claims are to be made by the board in its regular sessions. AH claims for depredations by Indians upon wllites or by whites npon Indians, with all the papers and infor-mation relating thereto on file in the Department~, are to be delivered to the Board on its organization. The Board is also autllorized:to consider all off-sets or counter-claims and allow them as against the claimants. Your committee have thought it best that the functions of the Com-missioners should he as far as possible strictly judiciaL They have therefore reported in the bill a proYision making it the duty of the At-torne,Y-General to see that tbe interests of thf' Government are properly presented. In some commissions and tribunals heretofore created, pos-sessing judicial functions, the Commissioners have been obliged to act both as judges and as counsel for the United States. These two posi-tions your committee deem to be especially incompatible. Either the Commissioner is so dosely occupied uy his judicial duties that the in-terests of the Goverument :ue not properly cart>d tor or in his zeal for the protection of the United States lte forgets his judicial capacity. A grievous injustice results iu eitlter case. Tlle only remedy for this is a strict separation of the two functions. Your com1nittee are strong·ly oppo~ed to any secret modes of f'.xami-nation of elairns of so much irnportanee as those embraced in this bill, and believe that the commisl'ion sbonltl take all its proceedings in the full view of both parties, as represented by their counsel, and su~ject to that same scrntiuy which experience has proved to ue so valuable in the ordinary proceedings of courts. E\·ery mau is entitled to a day in comt, and to have his cause fairl,y heard. Your committee have thought it proper to provide for such heariug before this Commission, believing that in this way only can there he satisfaction with its decisions. The amounts thns a.Jlowe(l by the Commissioners are to be incor-porated in the Indian appropriation bill. But your committee have thought it proper to express in this bill a reservation, excepting from appropriation any allowances which, in the judgment of Congress, are unjust to the claimants or the Government. Your committee have also provided in the sixth section of the bill t,hat if any of the amounts allowed shall be for depredations committed by tribes of Indians, or by individual members of tribes having funds due or to become due them from the Government, the amounts appro-priated shall be deducted from such dues or annuities. In another part of this report it has been shown th~,t many tribes have provided by treaty for such deductions. It has been suggested that the tribe ought not to suff~-'r for the wrong-doings of its individual members;. but your committee think that the correct way to enforce good conduct among the Indians is by such a provision, thus placing the responsi-bility for individual conduet upon the tribe, who possess tlle control over the individuals, and requiring the tribe to answer out of their an-nuities for individual misconduct. This was the view taken by Senator Thayer, of Nebraska, in debate (Uong. Globe, 41st Oong., 2d sess., part 5, p~ 401~). I say to them also that the way to produce au effect upon the Indians is by letting them know that if thfly commit these d.epredations their annuities shall be taken to pay for them. This is the only way in which yon will reach them. That is the only way in which you will have an effect ou the Indians a.nd compel them to cen.se their d.ep-redat.ions on the settlers. The treaties themselves make no difference in their provisions for pay-ment out of annuity funds between cases of individual depredations and those of tribal depredations, and the act of 1834 is explicit in its CLAIMS ARISING OUT OF INDIAN TREATIES. 9 reference to the acts of individual Indians. The general theory of the Government in dealing with the Indians up to the present time has been to deal with thew in their tribal relation~, and to remit individual rela· tions between Indians to the tribal customs and regulations. Tbe number of Indians in the United States iu 1884, exclusive of Alaska, was 264,369. (See Heport of Commissioner of Indian Affairs for 1884, page .x:viii.) The total area of Indian reservation::-:, October 10, 1883, was 135,998,101 acres. (See The Public Domain, page 1253.) This is an average of about 511 acres to each Indian. It is evident to the most casual ob~::~erver t,bat tbi~ small number of Indians cannot continue indefinitely to occupy all this large amount of land. Numerous bills are before Congress at every session proposing to divide reserTations and purchase them from the Indians. It is not, doubted that it \Vill be-come necessary for CongTess at some future day to provide for the pur-chase of various portious of the T ndian lauds; thereby largt> snms of money will become due to different tribes. Your committee lwlieve that the tril>al funds so obtaiued should, equally with the annuities now due, be chargeable with the amounts paid in satisfaction of the claims for depredations committed by the tribes. They therefore report a provision requiring that the payments on account of the depredation claims shall be charged to and deducted from funds "to become due," as well ns those already due. It is believed that the Indians them-selves will thus ultimately pay tbe greater proportion of the claims for their depredations. Your committee have also reported a provision that all claims not presented within three years from the approval of this act, and all elaims, presented and disallowed, and all disallowed portions of claims, shall be forever barred. The object of the committee in this provision is to make the proeeediugs of the commission a final settlement of these claims, so that thes shall never thereafter be urged upon Oongrt-ss. But it is realized that no bar of this kind can be final unless every claim has received such thorough and careful consideration as will commend it-self to the sense of justice of the American people. To effect this end fully your committee have provided that an appeal to the Uourt of Claims be ~llowed in e,·ery claim from the decision of the couunissiou whether it is for the Governmeut or the elairnant. This court, after an existence of over tbirty years, has established itself in the public con-fidence. So carefully are its decisions considered that at the term of the Supreme Court of the United :States for 18~5-'86, no decision of the Court of Claims was reversed, although eig·hteen appeals from thi:s court were decided. It is believed that when the action of a temporary com-mission is taken under the watchful eye of a court and its decisions are subject to the scrutiny of a reviewing power, it will exercise its authority with greater care than if subject to no control. The experience of Con-gress in some past instances shows that even after a decision by a quasi judicial tribunal claimants are apt to appear before Congress with rejected claims and pray a reVl-"rsal of the action of this tribunal. It is a well known fact that the Committee on War Ulaims is overburdened year after year with appeals, mounting ill number into the thousands, from claimants who allege that they have been injured by the adverse action of the Southern Claims Commission and the Quartermaster-Gen-eral. That committee bas already found it necessary to refer many of these claims, already rlecided by one or the other of tbeNe tribunals to the Court of Claims, for reconsideration in accordance with the provis-ions of the act of March 3, 1883, commonly called the " Bowman act." It is believed that such an undesirable result as this can best be 10 CLAIMS ARISING OUT OF INDIAN TREATIES. avoided by permitting every claimant who deems the action of the commission unjust to appeal to the Court of Claims at once. The Court of Claims is actually an appeal court from the decisions of the various Departments. Claimants whose demands are rejeeted by the tribunals of first instance, usually the Executiw~ Departments, havb in general a right of appeal to the Court of Claims. There seems to be no reason why the claimants provided for in this bill should be precluded from further remedy by the adverse decision of tlle court of first instance. They are therefore afforded a right to review by a superior tribunal. The GoYernment is put in an equally advantageous position. The find-ings of the commissiou in favor of claimants may be again examined and the United States will appropriate to pay only claims which have passe(l the scrutiny of the Court of Claims, or in which the law offictrs of the Government may acquiesce in the decisions of the commission. The Court of Claims is not authorized to render judgment in such cases, but makes a report to Congress in tlle same manner a~ is made hy the commission. Your committee believe that the passage of the ldll rt>ported by them will afford valuable and much needed relief in many ways. The Secretary of the Interior and the Commissioner of lndian Affairs, and to some extent the Secretary of "'ar, already crowded with necessary and proper duties, have been burdened with work for which au Execu-tive Department is not :fitted-the inYestigation of old and disputed demands against the Government. The same claims, after· investiga-tion in the executive branch of the Government, ba\e been repeatedly, and with justice, pressed upon Congress. Members of Congress, upon whose time the public business makes the uwst urgent demand~, have been compelled to give attention to these cases. a11d the committees, year after year have bad their dockets burdened with them. Each Congress bas set>n a few cases disposed of but many more added to take their places. This bill relieves both the executive and legislative branches of the Government by creating a new tribunal with powers which enable it to properly exercise judicial functions. But not alone to the Gorernment does this bill offer relief. Your committee believes that it affords a just and proper means of .settlement for wtll founded and long urged de-mands both of the citizens of thA United States and the wards of the Government. The meeting of the two races upon the frontier llas neces-sarily bet>.n fruitful in conflict. There have been wrongs on both sides. To the Indian, the wa.rd of the Government, justice and generosity must go band in band in awarding recompensL' for wrongs. The settler right.fulls demands an equal justice. The early pioneers in the far West, the makers of a new civilization, the founders of a great empire, the leaders in the great army of workers who have made the vast western wilderness blossow with rich harvests, are among the noblest heroes and greatest benefactors of this Republic, and deserve from a grateful coun-try an ample recognition of their trials and privations. It is difficult for one who has not taken part in that stupendous work to realize the labors of these early pioneers. Crossing tbe plains by slow and toil-some journeys, day after day gradually pressing nearer to their long-sought destinations, reaching them after trials sufficient to dismay less stout hear:ts, they begin to carve. out ho.mes for themselves, their wives and their children, in the wilderness. The clearing is made, the house built. tbe field fenced and plowed, the seed planted, and the harvest reaped. Then when the settler lias pa~sed his weariest day of toil and the future begins to look full of promise, a sudden warn-ing is swiftly borne from the next settlement that the hostile Indians are CLAIMS ARISING OUT OF INDIAN TREATIES. 11 coming. The waruing comes too late. Before the settler can escape the savages, mounted on the murdered white man's horses, fed witll Go,T-ernmetlt rations, armed with guns with wbich a kind guardian has pro-Yidcd them-tht>se ward~ of the nation sack his house aud carry away or burn all the fruits of his toil. The settler is fortunate if be escapes with his life or if he does not see his wife and daughters killed before his eyes or suffer a fate far worse than death. When the Indians are gone all that is left is a heap of ruins. His home is a home no louger; it is little more than the wilderness. If he dares ag·ain occupy his old homestead he must begin life anew. Such is the Yeritable history of many a settler. Year after year has every H.epresentative from the West been appealed to by these veterans to secure a recognition by the GoYernmeut of their just demands, until uow these old beroeR of a strug-gle as noble in its victories out as sad in its defeats as any war, ask with despair : '' Shall we never oe paid for our losses ?" Your committee are not numiudful of the weighty respousibility of the Governrneut to the Indiaus, or that they, too, haYe suffered wrongs. But the settler himself must receive a long-delayed measure of justice. It iH believed that the bill reported by your com ruittee as a sn bstitute for Bouse bill 7849 aff:ords a practicable mode of redress. 1 t is there-fore reported fa,'orably to the House, with the recommendation that it do pass. APPENDIX A. GENERAL LEGISLATIOX ON CLADIS FOR Dli:PREDATIOSS CO.MMlTTED BY I~DIA~S. I.-Act of May 19, 179f, sec. 14 ( l Stat. L., 472) . .And be it fm·ther enacted, That if an:y Indian or Indians, belonging to any triue iu amity with the United States, shall come OYer or acrost~ the srtid boundary liue into an:y State or Territory inhabited hy citizens of the 1 niterl States, and ther(' take, steal, or destroy any horsP, hor&<>A, or other property, uelonging to auy citizen or iuhabitant of the U1lited States, or of either ot the territolial rlistricts of the United ::3tate~.>, or shall commH any murder, violence, or outrage, npon n-ny snch citizen or inhabitant. it shall be the duty of such citizen or iuhaiJitant, his representa.tive, attoruey, or agent, to make application to the superintendent, or snch other pertiOD us the Presi-dent oftheUnitedStateRshall anthorizefortbatpnrpoSt'j who, npon ueing fnmished with tLe netessary doenments and proofs, shall, un, to which such Indian or Inclians shall uelong, for satisfaction; and if such nation or triue shall neglect or refuse to make satisfaction, in a reasonable time, not exceeding ·eighteen months, then it shall ue the duty oftiuch superintPudeut, or other person authorized, as aforeRai retnru of hiti doings to tlw President of the Uniterl States, and forward to him all the documents and proofs in the case, that such fnrther steps may be taken as shall bP ]H'OlJer to obtain satislactiou for the injnry. And, in the mean timf', in r(•spect to the propert~· so taken, stolPII or destroyNl, the United States guar-antee to tlw party iujured an eventual indemnification; PTol'ided alu:ays, That if such injured party, his representative, at,torney, or agent, shall in any way violate any oft he provisions of this act, by seeking or attempting to obtain pri va1,t• satisfaction or revenge, by crostiing over the line, on a.ny of the Inuian lands, he l:lball forfeit all claitu npon the Uuited States for such indemnification: .dncl provid~d also, That noth-ing herein contained shall prPvent t.he legal apprehension or arresting, within the limits of any State or district, of any Indian ha viug so offended: And providtd further, That it shall be lawful for the President of the United States to deduct ~·Htf·h sum or sums as shall be paid for the property taken, stolen or dPstroyed, by any sneh Indian out of the annual stipend which the United States are uom11l to pay to the tribe to which such Indian shall belong. II.-.d.ct of Ma1·ch 3,1799, sec. 14 (1 Stat. L., 747) . .dnd be it jm·the1· enacted, That if an;v Indian or Indians, belonging to auy tribe in amity with the United States, shall come OYPr or cross the ~aid boundary line, into any State or Territory inhabited by citizens of the United States, and there take, 12 CLAIMS ARISING OUT OF INDIAN TREATIES. steal, or destroy any horse, or horses, or other property, belonging to auy citizen or inhabitant of the United States, or of either of the territorial districts of the United States, or shall commit any murder, v10lPnce, or outrage upon any such citizen or in-habitant, it shall be the duty of such citizen or inhabitant, his representative, attor-ney, or agent, to make application to the superintennt, who, upon being furnished with the uecessar,\' documents and proofs, shall, nmier the t1ireetion of the PrPsident., make application to the nation or tribe to which said IndiaJJ or In diane. shall IJeloug, for satisfaction; and if such nation or tribe shall neglect or refuse to makP HatiHfactiou in a reasonable time, not exceeding twelYe months, it shall he the uuty of snch superintendent, agent, or snb-agt'nt, to make return of his doings to the CommisHioner of Indian Af-fair:>, that sueh further e.tPps may be taken as shall be proper, in the opiuiou of the Pre~:~ident, to obtain satisfaetion for the injury; and, in the mean time, in resp<'d to the property so takeu, stolen, or destroyed, the United States guarantPe to the party so injured an eventual indemnification: Provided, That, if such injured party, his representative, attorn ... y, or agent, shall io any way violate any of the provisions of this act, b~· seekmg or attempting to obtain private satisfaction or re\'C!lge, lw shall forfeit all claim upon the United States for such indemnifica 1ion: ..:1nd p1·ol'ided, also, That unless snch claim shall be presented within three years after the commission of the injury, the same shall be IJaned. And if the nation or tribe to whicll such Indian may belono· receiw an annuity from the United States, such claim shall, at the next payment of the annuity, be deducted therefrom and paid to the party injured; and if no annuity is payable to such nation or tribe, then the amount of the claim shall be paid from the Treasury of the United States: Provided, That nothing hereiu con-tainPd shall prevent the legal apprehension and punishment of any Indians lla,viug so offended. V.-Act of February 28, 1859, sec. 8 (11 Stat. L., 401). A11d be it further enactf:d, That so much of the act enti tied ''An act to regulate trade and intercourse with the Indian tribes, and preserve peace on the frontiers," approved June thirteenth, eighteen hundred and thirty-four, as provides that the Uniteu States shall make indentnificatiOn out of the Treasury for property taken or destroyed in certain cases, by Indians trespassing on w .... ite men as described in the said act, be, and the same is hereby, repealed: Provided, however, That nothing herein contained shall be so construed as to hnpair or destroy the obligation of the Indians to make indemnification out of the auuuihes as prescribed in said act. VI.-Joint 1·esolution of June 25, 1860 (12 Stat. L., 120). That the repeal of [by] the eighth section of the act of Congress, approved the twenty-eighth day of February, eighteen hundreJ and fifty-nine, of so much of the act of Congress entitled "An act to regulate trade and intercourse with Indian tribes, aud to preserve peace on the frontiers," approved June thirteenth, eighteen hundred and thirty-four, as provides that the United States shall make indemnification out of the 'l'reasury for property taken or uestroyed in certain cases by Indiaus trespassing on white men, as described in said act, shall not be construed to destroy or impair any right to indemnity which existed at the date of said repeal. VII.-.Act of July 15, 1870, sec. 4 (16 Stat. L., 360). Sec. 2098, Revised Statutes. And be it fu?·ther enacted, That no part of the moneys appropriated by this act, or which may hereafter be appropriated in any general act or deficiency bill making ap-propriations for the current and contingent expenses of the Indian department, to pay annuities due to or to be used and expended for the care and benefit of any tribe or tribes of Indians named herem, shall be applied to the payment of any claim for depredations that may have been or may be committed by such tribe or tribes, or any member or members thereof; and no claims for Indian depredations shall hereafter be paid until Congress shall make special appropriation therefor; and all acts and parts of acts inconsistent herewith are hereby repealed. VIII.-Act of May 29, Ul72, sec. 7 (17 Stat. L., 190). Sees. 44;) and 466, Revised Statutes. That it shall be the duty of the Secretary of the Interior to to prepare and cause to be published such rules and regulations as be may deem necessary or proper, pre-scribing the manner of presenting claims arising under existing laws or treaty stipn-14 CLAIMS ARISING OUT OF INDIAN TREATIES. lations, for compensation for dept edations committed by the Indians, and the degree and character of t~ evidence necessary to support such claiws; he shall carefully investigate all such claims as may be presented, subject to the rules and regulations prepared uy him, and report to Congress, at each session thereof, the nature, char-acter, and amount of such claims, whether allowed by hit>l or not, and the evidence upon which his act,ion was based: Provided, That no payment on account of said claims sb an be made without a specific appropriation therefor uy Congress. IX.-Seotion 2156, Re·IJised Sta,tutes. If any Indian belonging to any tribe in amity with the United States shall, within the Indian country, take or destroy the property of any person lawfully within such country, or shall pass from Indian country into any State or Territory inhabited by citizens of the United States, and there take, steal, or destroy any horse or other property uelonging· to any citizen or inhabitP.nt of the United States, !mch citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or snb-aqent, who, upon being furnished with the necessary documents and proofs, shall, under the direcrion of the President, makeap-plication to the nation or tribe to which such Indian shall belong for satisfaction; and if such nation or tribe shall neglect or refuse to wake satisfaction in a reasona-ble time, not exceeding twelve months, such superintendent, agent, or sub-agent shall make return of his doings to the Commissioner of Indian Affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to ob-tain satisfaction for the injury. X.-Act of Ma1·ch 3, 1885 (23 Stat. L., 376). INDIAN DEPREDATION CLAIMS. For the investigation of certain Indian depredation claims, ten thousand dollars; and in expending said sum the St>cretary of the Interior shall cause a complete list of all claims heretofore filed in the Interior Department and which have been approved in whole or in part and now remain unpaid, and also all such claims as are pending but not yet examined, on behalf of citizens of the United States, on account of depre-dations committed, chargeable against any tribe of Indians by reason of any treaty between such tribe and the United States, including the name and address of the c1aimant8, the date of the alleged depredations, by what tribe committed, the date of examination and approval, with a reference to the date and clause of the treaty creating the obligation for payment, to be made and presented to Congress at its next regular session; and the Secretary is authorized and empowered, before making such report, to cause such additional investigation to be made and such further testimony to be taken as be may deem necessary to enable him to determine the kind and value of all property damaged or destroyed by reason of the depredations afore-said, and by what tribe such depredations were committed; and his report shall in-clude his determination upon each claim, together with the names anu residences of witnesses and the testimony of each, and also what funds are now existing or to be derived by reason of treaty or other obligation out of which the same should be paid. XI.-Act of May 15, 1886 (not '!;etpublished). Indian depredation claims: For continuing the investigation and examination of certain Indian depredation claims, originally authorized, and in the manner therein provided for, by the Indian appropriation act approved March third, eighteen hundr~d and eighty-five, twenty thousand dollars; and the examination and report shall in-clude claims, if any, barred by statute, such fact to be stated in the report; and all claims whose examination shall be completed by January first, eighteen hundred and eighty-seven, shall then be reported to Congress, with the opinions and conclusions of the Commissioner of Indian Affairs and the Secretary of the Interior upon all ma-terial facts, and all the evidence and papers pertaining thereto. CLAIMS ARISING OUT OF INDIAN TREATIES. 15 APPENDIX B. GENERAL LEGISLATION ON CLAIMS FOR DEPREDATIONS COMMITTED BY WHITES ON THE PROPERTY OF INDIANS. 1.-.d.<:t of May 19, 1796, sec. 4 (1 fitat. L., 470). And be it f1u·the1· enacted, That if any such citizen, or other person, shall go into any town, settlement., or territory belonging, or secured by treaty with t.he United States, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass, or other crime against the person or property of any friendly Indian or Indiaus which wonld be pt111ishable, if committed within the jurisdiction of any St.ate, agrtinst a citizen of the United States, or, unauthori~ed by law, and with a hostile intention, shall be fonnd on any Indian land, snch offender shall forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding twelve months; and shall also, when property is taken or destroyed, forfeit and pay to such Indian or Indians to whom the property taken and destroyed belongs a snm equal to twice t.he jnst value of the property so taken or destroyed; and if such offender shall be unable to pay a sum at least eqnal to the said just value, whatever such payment shall fall short of the said jnst value shall be paid out of the Treaf:lury of the United States: Provided. ueverthe-less, That no such Indian shall be entitled to any payment out of the Treasury of the United States, for any such property taken or destroyed, if he, or any of the nation to which he belongs, shall have sought private revenge or attempted to obtain satis-faction by any force or violence. II.-Act of 1l1a1·ch 3, 1799, sec. 4 (1 Stat. L., 744). And be it fw·ther enacted, That if any such citizen or person shall go into any town, ettlement, or territory belonging or secured by treaty with the United States, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass, or other crime against the person or property of any friendly Indian or Indians, which would be punishable if committed within the jurisdiction of any St.ate against a citizen of the United States; or, unauthorized hy law, and with a hostile intention, shall be found on any Indian land, such offender shall forfeit a smn not exceeding 01~e hun-dred dollars and be imprisoned. not exceeding twelve months; and shall also, when property is taken or destroyed, forfeit and pay to such Indian or Indians, to whom the property taken and dest.royed belongs, a sum equal to twice the just value of the property to taken or destroyed. And if such offender shall be unable to pay a sum equal at least to the said just value, whatever such payment shall fall short of the said just value shall be paid out of the Treasury of the United States: Provided, nevertheless, That no such Indian shaH be entitled to any payment out of the Treasury of the United States for any such property taken or destroyed, if he, or any of the nation to which he belongs, ~:>hall 1-tave sought private revenge or attempted to obtain satisf:tction by any force or violence. III.-.dctof Mm·ch 30, 1802, sec. 4 (2 Stat. L., 141). And be it fu1·ther enacted, That if any such citizen, or other person, shall go into any town, settlement, or territory belonging or secured by treaty with the Uniterty of any friendly Indian is taken, injured, or destroyed, and a conviction is had for such crime, offence, or misdemeanor, thP> person so convicted shall be sentenced. to pay t,o such friendly Indian to whom t,he property may belong, or whose person may be injured, a sum equal to twice the just valne of the property so taken, injured, or destro~' ed. And if such offender shall he unable to pay a sum at lt·ast equal to the just value or amount, whatever such payment shall fall short of the same shaH be paid out of t,he Treasury of the United States: P1·ovided, That no such Indian shall be entitled to any pay-ment, OHt of the Treasury of the United States, for any snch property, if he, or any of t,he nation to which he belouw~, shall have sought private revenge or attempted to obtain satisfaction by any force or violence: And prov·idtd, also, That if such offender cannot be apprebenr1ed a,nd brought to trial, the amount of such property shall be paid out of the Treasury, as aforesaid. V.-Sections 2154 and 2155, Revised /::itatutes. Whenever, in tbf' commission, by a white person, of any crime, offense, or misde-meanor within the Indian country, the property of any friendly Indian is taken, in-jured, or destroyed, and. a conviction is had for such crime, offense, or misdemeanor, the person so con vic ted shall be sentenced to pay to such friendly Indian to whom the propMty may belong, or whose person may ue injured, a sum equal to twice the just value of the property so taken, injured, or d.estroyed. If such offender shall be unal•le to pay a sum at least equal to the just value or amount, whatever snch payment shall fall short of the same shall be paid out of the Treasury of the United St,ates. If such offender ca.nnot be apprehended and urougbt to trial, the amount of such property shall be paid out ot the Treasury. But no Indian shall be entitled to any payment out. of the Treasury of the United States for any such property, if be, or any of the nation t.o which be uelongs, have sought:private revenge, or have ~ttempted to obtain satisfaction by any force or violence. APPENDIX 0. SPECIAL LEGISLATION.-APPROPRIATIONS FOR INDIAN DEPREDATION CLAIMS. The following is a list of special appropriations "for payment of Indian depreda-tion claims. In each case it is stated whether payment is to be made from the Treas-nrv or from the Indian annuities. The total of amounts appropriated from the Treasury is $1,604:028.25; the total appropriated from Indian anuuities is $201,316.37. But, these totals do not embrace the sums appropriated from the Treasury uy several acts (March 2, 1827; May 31, 1830, June 30, 1834), in which the amounts are not speci-fied. By act of March 3, 1819 (section 5, 3 Statutes, 517), $4,000 is appropriated from the Treasury to satisfy elaims of citizens of the United States for property stolen or de-stroyed by the Osages. By act of March 2, 1827 (6 Statutes, 361), William Morrison, late contractor for sup-plies to the Army, is allowed credit (out of the Treasury) for sixty-nine beef cattle taken from near the military post of Prairie Du Chein, in July, 1tl16, by certain pre-datory tribes of Indiam,. By act of March 25, 1830 (6 Statutes, 408), the Secretary of War is directed to pay $6,703 from the Treasury to four persons for property taken by the Osage Indians from 1816 to 18~3. Bv act of May 31, 1830 ( 4 Statutes, 428), certain depredation claims are referred to the Third Auditor to be decided according to t.be provisions of section 14 of the act of March 30, 1802, the money to be paid out of the Treasury. By act of March 2, 1831 ( 4 Statutes, 470), $1,300 is appropriated from the Treasury for payment of sundry claims for Indian depredations. Rv act of J nne 28, 1834 ( 4 Statntes, 705 ), $7,800 is appropriated from the Treasury to defray the expense of investigating claims against the Seminoles for property stolen or destroyed by them and for liquidating; such as may be satisfactorily established. By act of June 30, 1834 ( 4 Statutes, 721), payment not exceeding $250,000 is granted CLAIMS ARISING OUT OF I~DJAX TREATIES. 17 out of the Treasury to citizens of Georgia for claims fonnrled upon the capture and. detention or destruction of property by Creek Indians prior to the act of March 30, 1802. By act of June 30, 18:34 (6 Statutes, 581), certain claims for Indian depredations are referred to the ~ecretary of War, who is directed to pay out of the Treasury all which shall he esliablished. By act of July 1, l!:l36 (6 Statutes, 659), $40:3 is appropriated from the Treasury to James Alexander, and $575 to InL Nash for loss<'s sustained and depredations com-mitted by Sac and Fox Indians in 1tH4. By act of July 2, 18:~6 (6 Statutes, 671), the Secretary of War is directed to pay to Joseph Bogy $6,000 from the Indian annuities for his merchandise and property taken or astay to pay Thomas Tall.Jot and others for prnperty taken by the Pawnee Indians. By act of August 30, lo5~ ( 10 Stat. ntt~s, 41, 55), $1,200 is appropriated fi·om the Treas-ury to pay J~Lmes M. Marsh for losses for property taken by the Sioux Indians while extending the line of surveys nuder contract. By act of January Ul, 1855 (10 Statutes, B-!3), $500 is appropriated from the Treas-ury to pay Mosel:! D. Hogan for cattle taken by the Indians. By act of August 1~, 1e56 (11 Statutes, 65, 81), the Secretary of the Interior is or-dered to investigate claims for depredations by Indians in New Mexico. Ry act of March 16, 18f>8 ( 11 Statutes, 527), the sum of $~00, with interest from the 1st clay of June, lrl52, was appropriated from the Treasury to pay John Hamilton, of Champaign County, Ohio, for his time and services during his imprisonment with the Indian~:! in the war of ltH2 with Great Britain. By a~t of Jnne 19, 1860 (l:t Statutes, 44, 58), $16,619.74 is appropriated from the Treasury to pay for the loss and destruction of property of citizens of .Minnesota and Iowa at :::lpirit Lake in lt357, by Sioux Iudiam;. By act of March 2, 18tH (12 ~tatntes, 203), $9,640.74 is appropriated from the Treas-ury to indemuif~· citizens of Iowa and Minnesota for destruction of property at or near Spirit Lake by Inkpadutah's uaud of Sioux Indians. By act of February 16, 1 ':!6!3 ( 12 Statutes, 652, ()58), provision is made for payment out of their forfeited annuities for damages done by Sioux Indians in Minnesota on the occasion of the Sioux massacre in ltl62. By act of May 28, 1864 (13 Statutes, 92), $928,411 is appropriated from the Treasury to pay the awaros of the commission under the act of February 16, 1863, for damages done by the Sionx Indians in 1~62, aud a further sum of $:l41,963 is appropriated for additional claims. B.v act of June 2~J, 1866 (14 Statutes, 609), $28,175 is appropriated from the Treasnry for Elizabeth Woodward and George Chorpenning for destruction of property by In-dians in ll::l62. and by the seconcl section of the same act $~6,370 is appropriated from the Indian annuities to pay George Chorpenning for property rlestroyed by Indians prior to Aprill, 1856. By act of March 2, lR68 (15 Statutes, 356), $400 is appropriated from the Treasury to the widow of Maj. Gen. I. B. Richardson for one mule and four horses stolen from him by Apache Indians while on military duty in New Mexico. By act of April 10, 1869 (W Statutes, 13, :~!)), $10,906.34 is appropriated from the Treasury to pay for depredations committed by Indians in Northwestern Iowa in 1857. H. Rep. 3117--2 18 CLAIMS ARISIXG OUT OF INDIAN TREATIES. By act of February 27, 1871 (1G Statutes, 704) $2,564.10 is appropriated out of any money appropriated for the benefit of the CbeJrenne and Arapaho Indians, to Lucy A. Smith, for losses by depredations of said Indians in Nebraska. By act of May 7, 1872 (17 Statutes, 395 ), commissioners are appointe'cl to examine into depredations commit.ted by Indians and Mexicans in Texas. By act of May 21, 1872 (17 Statutes, 6til), $14,650 is appropriated from the Treasury to indemnify Cba.rles F. Tracy for depredations committed by Apaches in May, lt$70. By act of June 5, 1872 (17 Statutes, 675), $10,000 is appropriated from the Treasury to pay Mrs. Fanny KPlly for property taken and destroyed by Sioux Indians in 1i:l64. By act of June 10, 1872 (17 Statutes, 690), $30,000 is appropriated from the TreaRury to pay the heirs of Alexander Watson for property lost, captured, or destroyed in Florida during the Indian hostilities commencing iu 1835. By act of June 10, 1872 (17 Statutes, 701), $13,200 is appropriated from the 'l'reasury to Elbridge Gerry for valuable services rendered tbe Government in 1864, and for all claims for Indian cleprt>clations up to ·the elate of the passage of this act. By act of March 3, 1873 (17 Statutes, 766), $2,250 is appropriated from the Treasury to Mrs. Ann Marble, administratrix, for losses by depredations by Cheyenne Indians. By act of April28, 1i:l74 (18 Statutes, 543), $1,095.37 is appropriated from the Treasury to pay Mrs. Siloma Deck for losses by depredations by Sioux Indians in 1862. By act of· March 3, 1875 (18 Statutes, 424), $2,500 each is appropriated to Adelaide German and Julia German, two white children captured in Kansas, the same to be withheld from annuit.ies due the Cheyennes. By act of March 3, 1877 (19 Statutes, 549), $2,28:t92 is appropriated from the Treas-ury to pay Hans C. Peterson for damages by Sioux Indians in Minnesota in 1862. By act of March 3, 1b79 (20 Statutes, 396), $~,915 with interest at 7 per cent. is appropriated from any treaty funds of the Kiowa Indians, to the heirs of AbelS. Lee for property taken and destroyed by the Kiowa Indians in 1872. By act of March 3, 1879 (20 Statutes, :~90), $5,000 is appropriated ont of any money hereafter appropriated for t.he use and benetit of the Cheyenne Indians, to Mrs. Celia C. Short. By act of June 8, 1880 (21 Statutes, 549), $15,867.50 is appropriated to pay Henry Warren for damages sustained by depredations of Indians in 1ti71, while Warren was a Government contractor, the same to be withheld from the amounts due the Indians. By act of June 16, 1880 (21 Statutes, 588), $2,000 is appropriated from the annuities due the Cheyenne or Arapaho Indians to Amanda M. Cook, whose mother was killed and herself captured by the Indians in 1865. By act of March 3, 1t;81 (21 Statutes, 640), $58,659.46is appropriated from the Treas-ury to pay Dodd, Brown & Co., assignees of E. M. Durfee & Co., and ot.hers, for dep-redations committed by various tribes of Indians, the amounts to be deducted fi·om the annuities. By act of March 3, 1881 (21 Statutes, 640), $3,600 is appropriated from money be-longing to the Osage Indians to pay William Redus for dep1edations committed by these Indians. By act of May 17, 1882 (22 Statutes, 86), $9,870.10 is appropriated from unexpended balances of treaty funds to pay various claimants for damages caused by raids of N ortbern Cheyennes. By act of March 3, 1883 (22 Statutes, 804) $12,200 is appropriated from mon@ys due the Cheyenne and Arapaho Indians to Powers & Newman, and D. and B. Powers for depredations commit,ted by these Indians. By act of March 20, 1884 (23 Statutes, 525), $5,400 ·was appropriated from the Treasury to pay Louisa Boddy for depredations commit.ted by the Modoc Indians By act of March 3, 1885 (~3 Statutes, 498), $46,770.21 is appropriated to pay W. C. Oburn out of annuit.ies for depredations committed by the Cheyenne and Arapaho Indians. CLAIMS ARISING OUT OF INDIAN TREATIES. 19 APPENDIX D. INDIAN TREATIES MAICING PROVISION AS 'l'O PAY:)t:ENT OU'l' OF AN-NUITIES FOR DEPREDATIONS COMMITTED ON THE PROPER'l'Y OF WHITE MEN. [The references by pages are t.o the ' • Revision of Indian Treaties, " 1873.] Tribes. Date. I .Article.1 Page. 25, 1856 11 10 10, 1855 6 22 10, 1855 I 8 25 21.1795 4 1 32 2, 1798 9 35 19, 1868 1 130 25, 1868 1 136 1~· ~~~~ I 3, ~ I 304, ~g~ 12; 1854 4108 1 310, 311 25, 1868 1 319 25, 1868 1 328 11, 1859 9 381 18, 1859 87 1 388, ~8129 .~o. 1825 ~ 30, 1825 I 10 413 21, 1838 3, 5, 7 1 456, 457 ] 8, 1859 9 463, 464 12, 1818 1 528 29, 1859 8 537, 538 3, 1855 8 I 563 21, 1854 10 567, 568 7, 1819 1, 2 1 575,576 30, 1825 9 580 Blackfeet .......... ·----- ..... --· .... ------.--- ...... ---- .. . .... __ . Apr. · Calapooias ...... -- ... --- .... --.-- ........... -- ......... ·--- -- . . . . .Apr. Chastas . ..... ----·····-·----····--··--····--··-·---·-------------- Apr. g~:~~~::: :: ~:::::: ~ ~::::::::::::: ::::::::::::::::::::: ~:::::::::: :I ~~~: Cheyennes and .Arapahoes------ .. ---··--- .. ·--- ......... _ ......... Aug. North Cheyennes and North .Arapahoes . __ .... _ .......... _ ... ___ .. Aug. Chippewas (see note a below) .......... ·--- .. ·----------- ......... May Comanches and Wichitas ------·----- .... ----·- -----· ------ ........ May Comaches, Kiowas, Apaches ------------. --· ..... --- .. . ............ Feb. g[~i::~~~;~::~i~~:::::::::::::::::::::::::::::::::::::::::::: i~l. il:~~::1:~~ ~~tt; ·b- b-~1~~~):::: :::::::::::::::::::::::::::::::::::::: fj~~: Kansas ..... . . _ . .. _. ---- ... ___ ------. ----·. _ .. ---- .. ------ .. _ ..... Dec. KiowaR, Katakas, &c .......... -----·-----·. __ _ . ___ .............. __ . Feb. :M:akahs ................... _ . . ......... _. _ ....... _ ............. __ ... .Apr. ~~if;;r;~~i~~i~£t< > ~ -\ F>l;; ~ :; ~;;:;;;;;-!!"!i t ~ 2, 1839 1 6 584 19, 1859 7 627 21, 1854 9 640 Osages (see note e below) . __ . ---- ....... --· ------.--- -----· ...... _. Mar. Oreg<•n, Middle ............ ------ .... -----· ............. ---- ........ .Apr. Otoes and Missourias --------··-·····---------------· ---------·---- .June 26, 1858 1 5 653 11, 1859 7 664 15, 1818 6 717, 718 11, 1859 8 725, 726 12, 1823 5 738, 739 29, 1859 I 9 803 10, 1866 1 4 805 2G, 1859 11 861 Pawnees ...... ---------- ................... --- ...... ---.--- ........ M.ay ii!l~ri~i~i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ til ~~~~~!a~s : .·::::::: ::~ :::::::::::: ::::~:::::::::::: :::::::::::::::: #JI~ Sioux, Yanktons . ............. . ..... -------------.------- .......... Feb. 31, 1859 1 6 88, 89 31, 1859 6 907 24, 1869 1 914, 915 24, 1869 1 932 Sioux, Mendawakanton, Wahpakosta. ---- ·----- ------ ....... --·---- Mar. Sioux, Sisseton, Wahpeton ....... ---·--- ............ -------- ........ Mar. Sioux, Brule, Ogallalla . .. --- ................ --------- . . --- ·--- ..... . Feb. Shoshones, Eastern, and Bannacks. --- .... ---- ....... ----. _ ........ Feb. Utahs . . . . ... .. . . .... . ... . _ .. --·---. __ .. __ .......... --- .... ---- .. Dec. 14, 1864 6 972 30, 1855 8 980, 981 6, 1868 6 983, 984 Umpquas and Calapooias . -- .. -- ------ ... . -----· ........ ·----- .... Mar. Utes .. ·-------·-------------------------·----·---···---··----------- Nov. 11, 1859 8 992 18, 1859 8 1045 Walla Wallas and Cayuses---·-···---------·-·····--------·-------· Apr. Yakamas ...... ------. __ .......... ---- ___ . _______ . ____ ------ ........ .Apr. a The United States agrees to appropriate $100,000 to pay for depredations and forcible exactions. b The United States agrees to pay for all depredations since 1815. c Depredations committed since 1814 are to be paid by the United States, in consideration of the cession of Indian lands. d The United States agrees to pay for all depredations since 1808. e The United States agrees to pay all depredation claims. 20 CLAIMS ARISING OUT OF INDIAN TREATIES. APPENDIX E. List of treaties by which the Indians agt·ee to use their best ~'ffm·ts to t·eturn 8tolen pt·op-erty or to p·unish offender·s. [The references by pages are to the "Revision of Indian Treaties," 1873.] Tribe. Date. I Article. Page. Belantse-Etoas, &c .. -.- .. - ..... , ...... -- ............. -- ... __ .. ___ .. Feb. 6, 1826 6 H, 15 Chippewas ... -- .. - - . -..•... --.- - ...... . .... - ............... _ .. _.. .. Jan. 29, 1855 6 225, 226 Chippewas ...... ···--·---·----·--------·----··----· ....... ---·---- Anr. 7,1855 9 270 Comanches, Ionies, Anadacas, Cad does, &c ...... _. ___ ....... _. .... Mar. 8, 1847 8 307 Crows-----· ........ - .. ---- .. ----- .. -- ... -- ........... -.- .... . .. --.. Feb. 6, 1826 5 326, 327 Delawares ..................... . ................................... Feb. 14,1805 3 336 Iowas .......... - ........ - .... - .. - ............. -. . . . . . . . . . .. .. .. . . . . July 17, 1854 11 406 Xaskaskias. Peorias.......................................... ..... Aug. 10,1854 10 429 Xlamaths,t&c ---- ............... ------ ....... ----.. .... .. .. ....... Feb. 17,1870 9 436 Xickapoos ................. . ....................................... July 17,1854 9 447 Makahs . -.-- .. -- ... - .... --- .. . --- . . . - ..... -...... . . . . . . . . . . . . . . . . . . Feb. 6, 1826 5 460 Miamies ............................................................ Aug. 4,1854 9 519 Mandans ------·-·-----····------·--··---·-----··------------------ - Feb. 6,1826 6 466 Osages .. - .. -- ... --- .. - .... - .... --.- .. -- ...... -.- . ..... -....... . . . . . Dec. 26, 1815 9 573, 574 Osages .. -- .......... --- .... - ..... - .... -- ......... - .. . . . .. . .. .. .. . . Jan. 21, 1867 10 588 OtoesandMissoul'ias .............................................. Feb. 6,18~6 5 632 Pawnees·------------------·--------------------·-------·--------- Feb. 6,1826 5 643 Poncas ...... ---- .. ------------ ... ·----- ....... ------ .............. Feb. fi, 11l26 5 667,668 Ricaras ........................................................... Feb. 26,182fi 6 72!1,729 Rogue Rivers------ ............. . ------.-- ................... ---- .. Apr. 12,1854 6 731,732 Sacs and Foxes ...................... ----·· ....................... .July 17,1854 10 761,762 Shawnees .......................................................... Nov. 2,1854 14 800 Sioux, Yanktons, Tetons, Yanktonais .............................. Feb. 6,1826 5 868 :- ioux,Ogallallas ................................ . ..... . ............ Feb. 6,1826 5 872,873 ~¥!:~.;:::;::"~~::::::::::::::::::::::::::::::::::::: :::::: :::::: I !~; ,!;!i!! I ,! 1 "';~! ----------~----------~------~----APPENDIX F. List of treaties by which it is provided that the Indians shall be paid by the Gm:ermnent for dep1·edations cornrnitted on their property by white men. [The references by pages are to the "Revision of Indian Treaties," 1873.] ______________ T_r_ib_e_. _____________ 1 ____ D_a._te_. __ I_A __ rt-ic_I_e·_I_P_a_g_e_. ~;~i¥=~;~~·:-: _:::::::::::::::::::::::::::::::::::::: ::- ::::: ~~- JJm I, J 14Ji Cheyennes and Arapahoes ...... . .. -- ... . ........... .. ......... --.. Aug. 19, 1868 . 1 130 Number Cheyennes and number Arapahoes . ............ . .......... Aug. 25, 1868 I 1 136 Choctaws and Chickasaws . . .. .. . .. .. . .. .. .. .. . . .. . .. .. .. .. .. .. .. . Mar. 4, 1856 I 14 280 Comanches and Wichitas . . . . . . . . .. .. .. .. .. . . .. . .. .. .. .. .. . . .. .. .. May 19, 1836 3 304 Comanches, :Kiowas, Apaches...................... . ............... Feb. 12, 1854 4108 310, 311 Comanches, Kiowas ... _ ......... __ .. .... . ...... . ................... Aug. 25, 1868 1 319 Crows ................. ____ ......................... . .......... -- ... ·Feb. 6, 1826 5 336, 327 Crows ......................... . ...... - .. --- ....................... July 25, 1868 1 328 :Kansas .......................................... ---........... . .... Dec. ~o. 1il25 10 413 :Kiowas, Katakas, &c ............................................... Feb. 21,1838 3,5,7 456,457 liakahs ......... _ .... ___ ..... -- ................... -- ............... , Feb. 6, 1826 5 1 460 Mandans .......... . ...... ---- ...................................... Feb. 6, 1826 6 466 g;£i~~:~~i;~~~;i~~:::~::::::: :::::~ :::::::::::::::::::::::::::::: ~it ~~: !~ii ~ 573' ~!~ Pawnees ........................................................... Feb. 6,1826 5 643 Poncas ............................................................ Feb. 6,1826 5 667, 66ft ~i]~ir~:~:::::::::::: ::: : :: ::::::::::::::::: :::::::::::::: ::::::: : :: ~~ir. ~~: ~~~g ~ +~~: +~~ Rogue Rivers ...................................................... Apr. 12,1854 6 731,732 S 10s and Foxes .................................... ---------- ...... Feb. 12,1823 5 738,739 SnawnPes ................................................ ......... Nov. 2,1854 11 799 Sioux, Yanktons, Tetons, Yanktonais ............................ _. Feb. 6, 1826 5 868 Sioux,Ogallallas ................................................... Feb. 6,1826 5 872,873 S~omr,Oncpapas . ........... . ............................ .. ......... Feb. 6,1826 5 574,575 Swux, Ogallallas, Brules .. .. .. .. . . .. .. .. .. . . . . . .. . . . . .. . . . . .. .. .. .. Feb. 24, 1869 1 914, 914 Sfto«hones, Eastern, and Bannocks . ......................... __ ..... Feb. 24,1869 1 932 Uuaho .............................................................. Dec. 14,1864 6 972 Umpquas .......................................................... Feb. 5,1855 6 976 Utes ............................................................... Nov. 6,1868 6 983, 984 CLAIMS ARISING OUT OF INDIAN TREATIES. 21 APPENDIX G. EXPRESSIONS OF OPINION IN DEBATE, SENATE AND HOUSE OF REPRE· SENT A'l'IVES. Senate. [Congressional Globe, Forty-first Congre&s, second session, part 5.1 Mr. Thayer (page 4012) : "The honorable Senator from Iowa and the honorable Senator from Oregon say that in some cases the annnit.ies of Indian tribes have been absorbed in meeting these claims. I tell those two Senators that the property, the all of settlers on the frontier ha~ been destro~red by Indians; and I say to them also that the _way to produce an t>:ffect npon the Iudians is by letting them know that if they commit these depreda-tions their annuities shalt be taken to pay for them. That is the only way in which you will reach them. That is the only way in which you will have au effect on the Indians aucl compel them to cease their depredations on the settlers. The last remedy for alllan whose property, whose crops, whose horses, and whose cattle have been taken from him by Indians is to tell h1m to come to Congress and wa,it until the day of doom before l1e can get satisfaction or compensation. I trust that this whole section will be stricken out." Mr. Tipton (page 4012): •· Evt>ry Senator here who knows anything abont the new States knows that when a baud of savage~ pass throngh onr borders, or when the Indians who are on the reser-vations pass throngh our States, there is nothing that protects the property of the settler so well as a consciousness ou the part of the chiefs and the headmeu of the In-dians that if the stock of the settler is killed, if his crops are destroyed, their annui-ties may be reached and they will feel it m their pockets. Nothing so completely givt>s protection to the settler as that. Then, when their young men spread upon the pmiries and roam about at will, when they come upon the cabin of a settler and his property is eutirely in their power, they will hery-body underRtands that it has been true that large numbers of outrageous claims have been presented against the Indians; demands made by men, who set themselves de-liberately to work to t.rnmp up claims upon no substautial foundation, for the purpose of robbing these Ipdians. On the whole, for the purpose of avoiding that difficulty, 1 am willing to encounter another." Senate. [Congressional Record, Forty-eighth Congress, second session, vol. 16, part 2.] Mr. Plumb (page 1717): "While I say tha,t, I am as earnest as any one can be in faYor of the Government adopting a rule which shall result in the payment of what I regard as justly an obli-gation against the Government as any other one which it is called upon to respond to. There are millions of dollars, I believe, certainly many hundreds of thousands of dol-lars, which the Government of the United States owes to claimants all over the coun-try. I have no doubt the case of which the Senator from California speaks is one, to a certain extent at all events; possibly there may be some doubt about the amount; but in all these cases there ought to be a tribunal provided for the ascertainment of the amount due. I introduced a bill years ago, and have reintroduced it, to have an auditing of these claims in order that they might come before Congress not as objects of suspicion, but upon their true footing as genuine existing liabilities a,gainst the Government, and having had all the scrutiny that they ought to have precerling their allowance. The Committee on Appropriations, for the purpose of bringing abontthis result, seized upon an amendnwnt offered to the bHl io the House and so reframed it as they believe will resnlt in establi~hing the validity or invalidity of these claims in such a way that they will not be subject to objection any longer." Mr. Dawes (page 1718): "Instead of committing the United States to the payment of particular claims by paying 15 per cent. upon them and lettiug all this vast amount remain back waiting for that provision to go through, the Committee on Appropriations have proposed, on page 47 of the bill, this amendment, which I beg leave to read: * '''For the investigation of certain Indian depredations claims, $10,000; and in expflnd-ing said sum the Secr~tary of the Interior shall cause 3t complete list of all claims heretofore filed in the Interior Department and which have been approved in whole or in part and now remain unpaid, and also all such cla,ims as are pending but not yet examined, on behalf of citizens of the United States on account of depredations com-mitted, chargeable against any tribe of Indians by reason of any treaty between such tribe aml the United States, including the name and acl.dress of the claimants, the date of the alleged rlepredations, by what tribe committed, the date of examination and approval, with a reference to the date and clause of the treaty creating the obligation for payment, to be made and present.ed to Congress at its next regular session; and the Secretary is authorized and empowered, before making such report, to cauRe such additional investigation toLe made and such further testimony to be taken as he may deem necessary to enable him to determine the kind anrl value of all property dam-aged or destroyed by reason of the depredations aforeRaid, and by what tribes such depredations were committed; and his report shall include his determination upon each claim, together with the names and residences of witnesses and the testimony of each, and also what funds are now existing or to be derived by reason of treaty or other obligation out of which the same should be paid.'" "The Secretary of the Interior is required to pass upon these claims. He has passed upon them in the past in the manner which I have suggested. He-has not had the money to send anybody into the Territories where it has been alleged that these de-CLAIMS ARISING OUT OF INDIAN TREATIES. 23 predations have be('n maRcnred from loss of testimony and death of witnesses. There IS no justice in snch a com'Re. ''The people of the fronti<~r Sta es knHW that they had no recourse against the Indians, except what CongreRs gaYf' them, and Congress in the acts to which I ha,ve referred prescribed certain methods which tlley have pursued. They snbmitterl them-selves fully to the jurisdiction prescribed; and now, aftPr their claims have hl-'en np-provee no doubt; but the Committee on Appropriations or the chairman of the Committee on Indian Affairs who bas charge of this bill seems to desire to put oft' the payment con-tinually. It is so year after year. This process has been going on for a great many years, and when we are confronted by the condition of things, then we invent some new scheme, some new plan by which these claims shall be put off; we have not got the report we want, or there is something lacking, and a man who has vigilantly prosecuted his claim and has had it adjudicated, and the amount found due shall not be paid because somelwdy who has not used the time diligently and whose claim has not been adjudicated is not paid and tha.t furnishes a reason why the man who bas a just claim which has been a.djudicated shall not be paid. That seems to me a strange position to take. I cannot see why when a claim is adjudicated and found to Le due this great Government should desire to put off the day of payment, and to bring up technical and other objections to avoid the payment. "I will go further and say that I am in fa.vor of paying all just and adjudicated claims of this class out of the Treasury. I believe it is incumbent on the Government 26 CLAIMS ARISING OUT OF INDIAN TREATIES. to do it. The law was once that the Government was required to pay such claims. It was afterward amended so that the payment should be made out of funds belong-ing to the Indians. To refuse to pay these claims, to allow the Indians to commit depredations without their being required to pay or the Government being required to pay the resulting damages to property, is only to encourage Indian depredations and to continue the practice. If a white citizen of the United Stat,es commits a dep-redation on the Indians he must pay double the amount of the damage sustained by the Indians. I want to see Indian depredations stopped, and I do not know any better way than to require payment. The Government is bound to furnish protection to its citizens. I do not want the citizen to be paid more than he has actually suffered. I want the claim to be Just; I want it investigated thoroughly and completely and adjudicated in every phase of it before payment is made. I contend in these cases, or in some of them that I have personal knowledge of at any rate, there has been such an investigation and such an adjudication, and there remains no doubt about the bona fides or justice of the claims." Mr. Maxey (page 1723): ''We have said that these Indian disturbances were not wars, that Indians were not to be regarded as belligerents. They are wards of the nation. The Government of the United States has assumed to take care of them and . to protect the frontier against them by placing them on reservations and under the control of the military ; and they have thus invited people to go on the frontier, risk their lives, and risk their \ property. "The Government has invited them to do that, and has placed agents over the In-dians; but for all that they break out and they carry with them the torch; they burn, pillage, rob, destroy, murder and carry into captivity; and when these unfortunate people come to Cong1·ess and ask for relief, because every man has not been prepared to bring forward his claim in the mode and manner which is required, all others who have done so are to be relegated to some commission hereafter to be appointed to reg-ulate these things. Sir, that is not just. Let ' every tub stand upon Hs own bot-tom.' If a man has an honest claim let it be brought forward, and if the claims amount to $8,000,000, as the Senator from Wisconsin says, if they are just claims for depredations committed by these wards of the nation upon the defenseless frontier people in the destruction and robbery of their property, this Government, as an up-right and honorable and honest gentleman would do, ought to pay the last dollar of it if the Indians have not enough money of their own to pay that debt. I assume in the broadest form the position that it would be just and right and fair to do it." Mr. Cockrell (page 1724): "It is a matter of absolute necessity that we shall sift these claims, that we shall ascertain those that are properly chargeable against the nations and tribes that have annuities and with whom we have treaty stipulations and whose money we have, so that we can pay the claims. Now, I am for making these Indians pay every solitary dollar due for the actual depredations committed by them, whenever they have any money or whenever they have any lands out of which they can be paid. I want to hold them responsible to the fullest extent of the law; but I only want to pay what is actually due, the real value of the property destroyed or the real injury done to it, and not mere imaginative damages that may have resulted, and which should never be allowed in any court of justice. Therefore, we put in the amendment, under the head of' Indian depredation claims,' at page 47, requiring a thorough investigation of this whole matter. We appropriate $10,000 for it. The Secretary can take this money and he can have a thorough investigation made; he can report to us all the facts; he can show us the evidence upon which these claims are allowed, and the treaties and the funds. Then we can go to work and settle the cases intelligently and honestly and fairly; but we cannot do it until we have that information, and it is idle to undertake to do it. We are simply making fish of one and flesh of another. We are making a favorite of one, and we are doing great injustice and wrvng to hundreds of others." APPENDIX H. Claims presented, allowed, and disallowed in vm·ious claims tt·ibunals, showing the propor-tions of claims to allowances. I. Southern Claims Commission, under act of March 3, 1871 (16 Stat. L., 524): Ameunt claimed .... _ ... __ .... _ ...... __ .................... _.. . . . . $60, 258, 150 44 Amount allowed ... _ .................... ---·---· .. -- ....... -·. ·--. 4, 636,920 69 Amount rejec1;ed ... --· --·--· ... _ ......... --- ---. -- ...... __ ...... .. 55,621,229 75 (See House Miscellaneous Document No. 30, :Forty-sixth Congress, second session.) CLAIMS ARISING OUT OF INDIAN TREATIES. 27 II. Court of Claims in cases decided from December term 1867 to December term 1 80: Amount claimed .. _ ................. ___ ....• _. _____ ....... _ ... __ . _ Amount a1lowed .................. ____ . ___ . _ .. _________ ...•• _. ___ _ Amount rejected .................... _. _ ......... _. ____ ...•... __ . __ (See seventeenth volume Court of Claims Reports, page 11.) III. $80,315,529 20 19,770,540 98 60,544,988 22 Claims comm1sswn under convention with Great Britain of February, 1853 (10 Stat. L., 988): Amount claimed, "millions." Amount allowed, about .... ___ ............ --- ..••.. __ ....... ---.... $600,000 00 (See message of the President communicating the proceedings, printed by the Senate Printer, 1858, page 4.) IV. Claims commission under convention with Mexico of July 4, 1868 (15 Stat. L., 679): . Amount of claims against the United States........................ $8G, 661,981 13 Amount rtllowed in claims against the United States._ ..... _ .... _... 150, 498 41 Amount rejected in claims against the United States......... .. . . . . 86, 511, 392 74 Amount of claims against Mexico ..... ____ ... _ .... ____ ......... _... 470, 126, 613 40 Amount allowed in claims against Mexico ......••.. ___ ... . . . . . . . . . . 4, 125, 622 20 Amount reject.ed in claims against Mexico. ____ .. _. __ .. _ .•... __ . ___ . 466, 000, 991 20 (See Senate Execntive Document No. 31, Forty-fourth Congress, second session.) v. Claims commission under convention with France of January 15, 1F380 (21 Stat. L., 673): Amount of claims against the United States ....................... . Amount allowed in claims against the United States .............. . Amon nt rejected in claims against the United States . __ ... _ ....... . Amount of claims against France ................................. . Amount allowed in claims against France, 13,659 francs 14 cent., or $17,368,151 27 625,566 35 16,742,5H4 92 2,427,544 91 about. __ .. _. _ .. ___ .. _____ . ____ . __ . ________ . __ . _ . _ ... _ ..... ____ . . 2, 732 00 Amount rejected in claims against France. ___ .. __ .....••. __ . _...... 2, 424, 812 91 (See House Executive Document No. 235, Forty-eighth Congress, second session, }lages 191, 193.) VI. Claims under the act of July 4, 1864, filed in the office of the Quartermaster-General: Amount claimed .. _ ......... __ .. _._ .............. ___ ..•.••.. ____ . Amount reported to the Third Auditor under the second section of said act with recommendation for settlement up to March 6, 1886 .. Amount rejected ................ ---· .... --·----··----· ........ ----Amount of claims pending at said date ...................•.....•••. VII. $41,107,266 48 5, 750, 119 71 29,083,554 16 6,273,592 61 Claims filed in the office of the Commissary-General up to March 10, 1886: Amount claimed .. . . . . . . • • • . . . • • . . . . • • • . . . . . . . . . • • • . . . . . . . . . . . . . . . $4, 944, 111 14 Amount recommended to the Third Auditor of the Treasury for set-tlement nuder said act to said date .......••.•. _ .........••.....• Amount rejected ......•••..............•.•........................ Amount of claims now pending •...........................••...•.• 429,533 47 4,509,704 li 4,873 50 28 CLAIMS ARISING OUT OF INDIAN TREATIES . ..... APPENDIX I, LETTER OF COMMISSIONER OF INDIAN AFFAIRS, SHOWING THE AMOUNT OF CLAIMS FOR DEPREDATIONS COMMITTED BY THE INDIANS, FILED IN THE OFFICE OF INDIAN AFFAIRS. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, D. C., March :3, 1886. SIR: In reply to your interrogatories relative to number, amount, &c., of Indian depredation claims pending in this office, I,~~have the honor to inform you that with the forces employed and tbe amount of other duties devolving upon them, it has been impossible to collect the full and exact data you desire; such facts, however, as the office has been able to collect, and which are believed to be approximately correct, are given. There are about forty-five hundred claims on :file on account of Indian depredations, dating from 1850 to the present time, and they aggregate in amount $13,000,000. Prior to the act of July 15, 1870 (see Revised Statutes, section 2098), claims against Indians for depredations were paid by United States Indian agents. As to what amount was thus paid the office has not been able to ascertain. By an examination of the Statutes at Large, beginning with the act of March 3, 1819 (3 Statutes, page · 517), and coming down to the act of March 3, 1885 (23 Statutes, 498), it will be seen that Congress has appropriated by special acts in payment of claims about the sum of $1,654,530. As to what amount of claims has been allowed by and what amount has been re-jected by the Commissioner of Indian Affairs or the Secretary of the Interior hereto-fore cannot be ascertained within the time desired by you, if in fact it could be ascer-tained at all in a satisfactory manner, as in many instances the same claim has been disallowed by one Secretary of the Interior and allowed by his successor. Very respectfully, Hon. J. N. Doi,PH, United States Senate. 0 J. D. C. ATKINS, Commissioner.

Delaware Indians

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Delaware Indians

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