University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18992-19-1890Pottawatomie IndiansFollow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis Senate 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 CitationS. Rep. No. 324, 51st Cong., 1st Sess. (1890)51sT CoNGREss, } 1st Session. HOUSE OF REPRESENTATIVES. POTTA WA.TOMIE INDIANS. { REPOR'r No. 324. FEBRUARY 19, 1890.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. SniVELY, from the Committee on Indian Affairs, submitted the following REPORT: [To accompany bill H. R. 7255.] The Committee on Indian A:fi'airs having had under consideration House bill 493, " Providing for the settlement of the claims of the Pot-tawatomie Indians of Michigan and Indiana, including the Pottawato-mies of Huron, in Calhoun County, Mich., as per treaty stipulations existing with said bands," beg leave to report a substitute therefor as follows: A BILL to ascertain the amount due the Pottawatomie Indians of Michigan and Indiana. Whereas representatives of the Pottawatomie Indians of Michigan and Indiana, in behalf of all the Pottawatomie Indians of said States, make claim against the United States on account of various treaty provisions whiclJ, it is alleged, have not been complied with: Therefore, Be it enacted by the Senate and House of RPpresentatives of the United States of America in Congress assembled, That the Court of Chums is hereuy authorized to take jurisdic-tion of and try all questions of difference arising ont of treaty stipulations with the said Pottawatomie Indi-ans of Michigan and Indiana, and to render judgment thereon; power is hereby granted the said court to review the entire question of diti'erence de novo, and it shall not be estopped by the joint resolution of Congress approved t~entv-eightlJ Jnly, eighteen hundred and sixty-six, entitled ''Joint r~solution for the relief of certain Chippewa, Ottawa, and Pottawatomie Indians," nor by the re-ceipt in full giYen by said Pottawatomies under the provisions of said resolution, nor shall said receipt be evidence of any fact except of payment of the amount of mon<>y mentioned in it; and the- Attorney-General is hereby directed to appear in behalf of the Government, and if the said court shall decide against the United States the Attorney-General may, within thirty days from the rendition of tbe judgment, ap-peal the cause to the Supreme Court of the United States; and from any judgment thlJ.t maybe rendered the said Pottawatomie Indians may also appeal to said Supreme Court: Provided, That the appeal of said Pottawatomie Indians shall be taken wit'bin sixty days after the rendition of said judgment, and the said courts shall give snch cause precedence. SEC. 2. That said action shall 'be commenced by a petition stating the facts on which said Pottawatomie Inuians claim to recover, and the amount of their claims, and said petition may be verified by a member of any "business committee" or au-thorized attorney of said Indians as to the existence of such facts, and no other state-ments need be contained in said petition or verification. SEc. :3. That whatever be the findin~ of the court as to the sum or sums due saiu In~ians no interest is to be allowed thereon by the judgment of the court. Your committee are of the opinion that the. court should not bees-topped by thejointresolution of Congress approved 28th July, 1866, for the reasons set forth in the memorial of the Indians contained in Honst• 1\Iis. Doc. No. 8, Forty-fifth Congress, second session, and in the report of 2 POTTAWATOMIE INDIANS. the Commissioner of Indian Affairs of April 6, 1886, written in response to Senate resolution of the Forty-ninth Congress, first session. In brief, it appears from these documents, and from the appended cor-respondence, that estoppel by the resolution of 28th of July, 18G6, would 'fOrk absolute injustice, and thus could not be designed or knowingly permitted by the United States. The resolution of July 28, 1866, is to be found in the U niiecl States Statutes at Large, vol. 14, p. 370, and is as follows: JOINT RESOLUTION for the relief of certain Chippewa, Ottawa, and Pottawatomie Indians. Be it resoh•ed by the Senate and House of Representatives •if the United Stales of Anm·ica •n Congres8 assembled, That the Secretary of the Interior be, aml he is hereby, author-ized aud directed to pay to the Chippewa, Ot,tawa, anu Pottawatomie Indians, of Michigan, in pursuance of au agreement and compromisll made witb. the Pottawato-mie nation of Indians so na.med and designated by the treaty of eighteen hundred and forty-six with t.he United States, the sum of thirty-nine thousand dollars in ft!ll of all claims in faYor of said Michigan India.ns either against tlle United States or said na-tion of Indians, past, present, or future, arising out of any treaty made with ihe.m or any band or confederation thereof, and the ani:mity now paid to them is to be restored and paid to said nation in the fnture. Said sum of thirty-nine thousand dollars is to be paid out of funds of said Indians, by the United States now held in trnst for said nation, drawing interest at the rate of five per centum, which am.onnt is hereby ap-propriated; said payment to be made per capita direct to heads of families, adults, and guardians of minors, as is now required by Jaw in reference to annuities, by the proper agent of the Govemment. It is not disputed that the sum provided for w'as duly paid. Are-ceipt in full was giv·en therefor, and without the assent of Congress there the matter ends. But notwithstaudiug said payment and said re-ceipt the very"fact is that a large sum is really still due the Pottawat-omies, and. the evidence of the fact is too plain and. unmistakable to be disregarded. In his l<>tter of April 6, 1886, Ron. J. D. C. Atkins, Commissioner of Indian Affairs, says : I have caused an examination to be made of said claims as set forth in the memo-rial contained in House Mis. Doc. No.8, of the Forty-fifth Congress, second session, and find that the said claims are well founded; also, that said claims have been re-ported favorably to the honorable Secretary of the Interior for reference to Congress at sundry times, namely, June 3, 1872, February 3, 1877, January 14, 1881, March 29, 1882, and January 26, H:l84. Supperadded to these favorable reports is that wherein they are quoted and those which are here exh1bited in letters appeHded hereto, from the ~ecretary of the Interior and the Commissioner of Indian Af-fairs. Under such a showing the request to submit the matter to the adJudication of the Court of Claims seems to your committee to be jnst and reasonable, and in the opinion of your committee should be granted. Secretary Teller's letter to Hon. \V. B. Allison, of February 27, 1883, a,. copy of which is also appended, is an additional confirmation of ihe righteousness of this claim. Mis. Doc. No.8, Forty-fifth Congress, second session, is hereto ap-pended to be printed as a part of tais report, there being no copy on file in the office of the Uomrnissioner of Indian Affairs, and there being need of it -for reference. The explanation ~f the receipt by the Indians "in full" on pa.yment of the $39,000 is found thereon, and may be briefly summed up as follows: Under the foregoing resolution of July 28, 1R86, as is explained by the Pottawatomies7 an agent of the Government was dispatched with $39,000 to pay the Indians in full. The Indians were poor, and greatly distres~ecl by mortgages and debts incurred in expectation of receiving what the Government had POTTA W A 'l'OMIE INDIANS • 3 • acknowledged to be due. They had commenced churches and school-houses; and their farms and improvements would be lost without help from the money due them. When the agent offered $39,000, in full of a debt, they were greatly surprised and alarmed. On both sides ruin seemed inevitable. The agent of the Government refused to confer with the Indians. He had but one duty to perform-pay the money and take their receipts. The Indians were then advised by friends and counsel, and a Mr. Johnson, minister of the Gospel, who was under-stood -to be present to aid Mr. Smith, the agent, by appointment of the Government, that their acceptance of the money could not have the effect to prevent the payment of all just balances due them, as they only accepted it upon the express condition of their protest; that this advice of friends, counsel, and Mr. Johnson was freely given and ex-pressed in the presence of the agent, to which the agent made no reply. That under these circumstances and advice, relviug upon the laws aud facts as thus assured to them, they signed. the receipt required by the agent. . · . .Accordingly, this Governtl\ent, from that day to the present time, has recognized the true condition of the case, and has placed its own con-struction upon· the treaties and allowed to each such amounts as tlley . seemed justly entitled. to. The Department has regarded the payment of the $3U,OOO as on· account, and recognized the balance due. They have, on the other hand, refused to allow th.e Indians of 1\.Iichigan any share ~n the funds appropriated for schools, mills, shops, salt, etc., be-cause these advantages we:re not divisible, but have allowed them their just share of all former annuities and. the sums named. in the supple-mental treaty of September, 1833. But the resolution of Congress, and the receipt in full stand in our way; also, the items are quite numerous under ten or more treaties, all of which reule and friendly to the settlers; and it was well known to the United States treaty commissioners that they were determined to avoid treaty stipulations to go West; and, am. Five million of acres of land west of the Mississippi River were secured by the second article of the treaty entered into September 26, 1tl33, to that portion of the nation that by this treaty had stipulated for their removal West, "in part considera-tion" of the 5,000,000 tract ceded to the United States in the first article of same. In 1846 (see vol. 9, page 853, same) the Government pnrchal'ecll he 5,000,000 west of the .Mississippi, and set apart $643,000 as a fund in trust for the Pottawatomies, stipu-lating to pay them 5 per cent. interest on the same, amounting to $:~2,150 per annum, to which treaty your memorialists were not parties, and to the money therein stipu-lated to 1e paid make no claim, whatever might be the equitable rights of your memorialists in the premises. In accordance with the provisions of the supplemental treaty bPr.ring elate Septem-ber 27, 18:13, to wliich your memorialists were parties, and which wa~ wade for the direct and sole purpose of defining and protecting the rights of your memorialists (and with them only), your memorialists removed to L'Arbre Croche; but findiug the climate inhospitable and the resident Indians unfriendly, they, by and with the con-sent of the Government of the United States, Nturned and purchased land of the Government, in the nei_ghborbood of their reserves ceded in 18:33, with the money paid them down upon tile ratification of the t.rea.ty under articles therein contained. For some six: years they received no annuities, then made complaint to R. Stuart, esq., then Indian agent at Detroit; and in 1843, and for tllat year, T. Hartley Craw-ford, then Commist~ioner of Indian Affairs, allowed them, and remitted. to Mr. Stuart for them, $1,587.501 being, as he estimated, their proportion in the perpetual annuity of July 291 1829. Commissioner Crawford awarded them their portion of one treaty only, when tho article says" a just proportion of all former annuities." This amount, $l,587.50, was regularly paid up to and including the year 1865, and. which payments have been duly acknowledged hy your memorialists; which, with the sum of $3!::.1,000 paid by the 8 POTTAWATO~HE INDIANS. Government in 1866, comprises all the money paid by the United States in· discharge of its treatr stipulations with your petitioners since the year 1835, prior to which time, and includmg that year (Ul35), ~our memorialists make no claim of any kind what-ever against the Government. Having thus briefly stated the history of our claim, your memorialists respectfully submit the following proposition : lst. The Government ofthe United States purchased some 30,000,000 acres of land from the Pottawatomie Nation of Indians, then occupying large portions of the terri-tory now embraced in the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin in consideration whereof the United States covenanted to pay said nation of Indians certain sums of money, at stated periods of time, as is evirlenced by the severa.l trea-ties entered into between the Government of the United States and said Pottawatomie Indians, and which said treaties may be found in vol. 7, United States Statutes at Large, tabulated reference being made thereto in the following exhibit. The following exhibit shows t!J.e reference and moneyed features of these several treat;es of purc!J.ase, which, in the territory above mentioned, aggregate nearly 30,000,000 of acres of land, now second to no country in the nation. ~ 4) Stipulations. ~ Date of treaty. Amount. Proclamation. ~ Perpetual annuity . ..... • • • • 4!> Salt......................... . 74 Perpetual annuity........... 113 Perpetual annuit.)'"....... . . . . 185 .Annuity..................... 295 Annuity . .••••.••• . .•. • •• . . . 295 lllacksmith... .. . . . . . . ••• ••• . 295 Iron, steel, :md miller........ 295 Salt (160 bushels)............ 295 Perpetual annuity........... 317 .Annuity . .. . . . . . . . . . ... .. 317 Tobacco, iron, and steel. . •. . 317 Education.... .... .. . ........ 317 'I'o chief..................... 317 :Blacksrr:ith...... ........ .•. . 317 Iron and steel...... . . . . . • . • . . 317 Annuity..................... 378 To chief..................... 378 .Annuity....... .••.•• ...• .• . . 394 Education....... . .•. .•.•.. .. 394 Perpetual annuity........... 3~0 Iron and steel. . . .. . • . . . . • • • . . 320 :Blacksmith . ... ..•••• .•.. .. . . 320 Salt (50 barrels).............. 3;!0 .Annuity....... . • • • •• . . . . . . .. 431 .A.nnuitv . •• • •• . .• .. . • • . • . . . . 442 To chiefs...... . . . . . • . . . . . • . . 431 For 4 sections of land........ 498 For 36 sections of land....... 4U9 For 10 sections of land....... 5u0 For 3 sections of land . • . . • • . 501 For 22 sections of !ann....... 505 For 10 sections of land....... 513 For 4 sections of land........ 514 For 42 sections of land....... 515 .Annuity..................... 218 Three laborers............... 317 .Annuity....... . • • . • • • • • . . . . . 399 .Annuity.......... ...••. ..•. 467 Trust-fund, etc .•••••.•.•.....••.•. Trust-fund, interest animally ..•••. .A.ug. 3, 1795 $4, 000 Dec. 2, 1795 .June 7, 1803 Dec. 26, 1!103 Sept. 30, 1809 500 .Jan. 16, 1810 Oct. 2, 1818 2, 500 .Jan. 15, 1819 Aug. 29, 1821 2, OL16 Mar. 25, 1822 Oct. 16, 18:!6 2, 000 F~b. 7, 1827 .••. do ..•...•........••••.•.. do .•••••... ... do ......••...••••........ do ......••. .... do ....... . ............ . . . do ....... . Sept. 20, 1828 2, ouo .Jan. 7, 1829 . . . . do......... 1, 000 .... do .......•. ... . do .•..•.•...••... . ... . ... do ..•.•.... .... do......... 1, 000 ... do •..•••... .... do . . . . . . . . . 100 .... do ........ . . ... do ........ . ...•.•........ do ...•..•.. . ... do .... . ........ . .. .. . do .... . . . . . Oct. 20, 1832 15,000 .Jan. 21, 1833 . ... do ..................... do ........ . Oct. 26, IR32 20, 000 .... do ........ . Oct. 27, 1832 2, 000 .. do ..... . .. . • ~.11Yo . :~·- ~~~~. . .. ~~: ~~~. ~~do .. 2.'. ~~~~. .... do ............•.......... do ........ . ... do.... . .............. do . . ...... . Sept. 26, 1833 14, 000 Feb. 21, 1835 Sept. 27, 1833 2, 000 ... do ........ . Sept. 26,C1833 1. 100 . ... do .... . ... . Mar. 29, 1836 2, 560 .J nne 4, 1R3& May 11, 1R36 23, 040 May 25, 1836 .April 22, 1836 6, 400 ... do ........ . . . . . do . . .. . . .. . 1, 9:!0 1lo .... . .A.ug. 5,1836 14, 080 Feb. 18, 1887 Sept. 20, 1836 8, 0.00 .. . do .....•••• Sept. 22, 1836 3, 200 . .. do ........ . Sept. 23, 1836 33, 000 .... do ....... .. A og. 29, 1821 5, 000 Mar. 25, 1822 Sept. 20, 1828 .Jan. 7, 1829 Oct. 27, 1832 15. 000 .Jan. 21, 1H33 Dec. 10, 1834 1, 000 Mar. 16, 18:35 .June5and17, 830, 000 ....••.•.•••.•.. 1846. June 5and17, 1846. 32, 150 Time to run. Forever. Forever. Do. Twenty-two years. Pleasure of Congress. Life of. Twenty years. Life of. Twenty years. l'leasnre of Congress. Forever. Do. Do. Do . TwPnty years . Do . Life of. One y ear. In one and two years. Oue year. Do . In 1838 . Do. Do. Do. Twenty years • T en ye:.r::~. Twelvo years • Two years. By treaty June 5 and 17, 1846, the 5,000,000 tract in Iowa was purchased hy the United States, ·a trust-fund of $643,000 created, with an interest annuity of$32,150an-nually, and other funds and lands granted to the Indians in Kansas. Your memorialists were parties to all treaties made by the United States with the Pottawatomie.Nation of Indians, and were entitled to share per capita in all annuities secured to said nation by said treaties; and that no doubt should be permitt.ed to cloud the title of your memorialists to share in the annuities securerl by these several treat-ies, the supplemental treaty, dated S~ptemuer 27, 1H33, was framed and ratified be-tween the United States and your memorialists, the caption and first article of said being in the words followi.-rJ: ''Articles supplementary to the treaty made at Chicago, in the State of Illinois, on the 26th day ofSeptember, 1833, between George B. Porter, Thomas J. V. Owen, and POT'!' A WAT0)1IE INDIANS. 9 William Weatherford, commissioners on the part of the United States, of the one part, and the united nation of Chippewa, Ottawa, and Pottawatornie Iudiaus, con-ciuded at the same place on the 27th day of September, 1883, between the said com-missioners on the part of the United States, of the one part, and the chiefs and head men of said united nation of Indians residing upon the. reservations of land situated in the Territory of Michigan, south of Grand River, of the other part. "ARTICLE 1. Th~ said chiefs and head men cede to the United States all their land situate in the Territory of Michigan, south of .the Grand River, being the reserva-tions at Notawasepe, of four miles square, contained in the third clause of the second article treaty made at Chicago on the 29th day of August, 1821; and the 99 sections of land contained in the treaty made at Saint Joseph on the 19th September, 1827; anu also the tract of land on the Saint Joseph River, opposite the town of Niles and ex-teuding to the line of the State of Indiana, on which the villages of 'i'openebee and Pokagon are situated, supposed to contain about 49 sections." . That no question may remain as to the identity of your memorialists, and to estab-lish the fact that they are the parties with whom the supplemental treaty of September 27, 1833, was made, we snbmit the following extract from a letter written by Robert Stuart, then acting superinteP.dent of Indian affairs at Detroit, Mich., to the Hon. T. Hartley Crawfonl, Commissioner of Indian Affairs: Exh·actf,·orn a letter of Robert Stuart, acting supm·intendent of Iridian affairs, ilated at Detroit, March 25, 184~, and directed to) Bon. T. Hartley Crawford, CornmiHsioner of In-dian Affairs. A delegation of Pottawatomies, who resided on the reservation in Michigan prior to the treaty held at Chicago in 1833, and who have always refused to emigrate, called upon me a few weeks since to represent their grievances also. They stated that the chief, Pokagon (father of one of them), as also several of his baud, were Catholics at the time of signing the treaty, and refused to emigrate west, as it would cause them to recede again into barbarism; that permission was granted them by said treaty to settle in northern Michigan, where they would enjoy the instructwn of priests and l'eceive their proportion of the annuities; that they, in due time, applied to the Ottawas of L'Arbre Croche, near Mackinac, for permission to amalgamate with them, which, owing to the interference of some evil-disposed whites, was refused; that they then purchased lands of the United States, which a portion of them st.ill occupy (except forty acres appropriated to their mission). They urgently plead that the Department take their cause into favorable consideration, a;Jd allow them a jn:st proportion of the annuities (which are now all paid on the Missouri) according to the stipulation on the 599th and 600th pages of the treaty book. They l!'ay that there are from two hundred to two hundred and fifty of their tribe still in NoPthern Indiana and Michigan. A pnmber of these, as well as the Ottawas, are very desirous of be-coming citizens, and there are some hundreds, I have no doubt, worthy of the boon ; b~1t how their application will be responded to is another qiiestion. I regret the necessity of troubling you with so many questions as havP- of late be~u prestled np(.on me, but the paucity of information left in the offke by my predecessor renders it in-dispem~able for ine to know what course of policy has or should be adopted. I am, respectfully, your obedient servant, ROBERT STUA._RT, Acting Superintendent Indian .Affa,rs. After the receipt of this letter, Mr. Crawford, then Commissioner of Indian AffairR, awarded your memorialist8 $1,587.50 as their just pl'O]JOrtion of the $16,000 perpetual auunity of treaty of July 29,1829, and the $2,000 of treaty of the 27th of September, 1~33, which award, as thus made, included but one of the former annuities, when the treaty explicitly reads" their just proportion of all fQrmer annuities." The following is the copy of the said letter of the honorable Commissioner making this award, as the same appears in Senate rtport No. l11, second session Thir~y-eighth Congress: OFFICE INDIAN AFFAIRS, May 17, 1843. SIR: My letter to you of the 19th instant informed yon of the views of this office respecting the right of the Chippewas of Swan Creek and Black River, yet in Mich-igan, to participate in the benefit& of tL.e annuity due the bands, the whole of which has heretofore been remitted west. I now reply to the remaining portion of your letter of' the 25th March, viz, relative to the Pottawatomies, who claim the privileges granted under the supplemental arti~ cle to the treaty with the united bands of Chippewas, Ottawas, and Pottawatomies, of September, 1863, which is in the following words: "And as since the signing of the treaty a part of the band resirling on the reserva-tions in the Territory of Michigan have req nested, on account of their religious creed, 10 POTTAWATOMIE INDIANS. permission to remove to the northern part of the peninsula of Michigan, it is agreed that, in case of such removal, the just proportion of all annnitie:; vayable to tllem under former treaties, and that arising from the sale of the reservation on which they now reside, shall be paid them at L'Arbre Croche." By the tenor of this article it would seem that their claim is well founded, and that they are entitled to their numerical proportion of those annuities payable to the tribe under the treaty of 18~9, and also under the supplementary articln of the treaty of 183:3, amountingtogetherto$18,000. Therefore, estimating the number of the Chicago indians at 2,834, including the 250 represented by yon, the share that would he to the latter would amount to $1,587.50, or $6.35 to each individual. Accordingly that sum will be remitted to you, to be paid out to them as their share of the annuities. Very respectfully, your obedient servant, RoBERT STUART, Esq., Detroit, Mich. T. HARTLEY CRAWFORD, Commissioner. It will be noticed that the honorable Commissioner made the award upon the data of 2,834 Pottawatomie Indians, including 250 of your memorialists, which is consid-ered by him as the just proportion of the annuity to which your memorialists were entitled by the treaty of July 29, 18~; and your memorialists fnrther say that the sum of $1,587.50 was annnafly paid to us from 184:3 to 1865 h~elusive, twenty-three years, and that in accept.iug it our people gave receipt.s for their share of only one of the former annuities, being that of July 29, 1829. (See the following letter of the Second Auditor of the United States Treasury.) TREASURY DEPART~IENT, SECOND AUDITOR'S OFFICE, January 12, 1872. SIR: In answer to your letter of 5th instant, by which yon ask to be informed ''under and in conformity to what treaty stipulations the $1,587.50 were annually paid thoso Pottawatomie Indians remaining in Michigan, from 1843 to 1865 inclustve," I send herewith copies of three captions-in all of which the treaty stipulations are given-appearing on the several annuity pay-rolls for the period named by you, and on which the years are designated in red ink on the margins. Respectfully, E. B. FRENCH, Auditor. TREASURY DEPARTMENT, SECOND AUDITOR'S OFFICE, January 11, 1872. This form of' caption was on the pay-rolls from 1843 to 1865, both inclusive, except-ing the years Hl51 and ''tt;65-(the above was written in rerl ink, etc.): "We, the chiefs, warriors. beads of famtlies, and individuals without families of the Chippewa, Ottawa, and Pottawatomie tribes of Indians, within the agency of Michilimackinac, acknowledge the receipt from William A. Richmoud, acting super-intendent of Indian affairs, of fifteen huridred and eighty-seven dollars and fifty cents; in snms appended to our names, being our proportio11 of the permanent ann nit y due said tribes for the year 1846, under second· article of the treaty of July 29, 182U, and second article supplementary to treaty of 26th September, 1833" (voucher 5, set 6077, June 12, 1847). The form of the receipts given in the years 1R51 and 1865 is substantially the same as the above, with the exception of the words "and second article supplementary to the treaty of September 26, 1833," which are not included in the same in form or substance. (See letters accompanying the papers.) 2d. Your memorialists were exempt from removal west. In 1l:l32, the Government had adopted the policy of removing the Indian tribes then inhabiting the reserves reserved to them, and which were being rapidly encroached upon by the tide of emigration then :Bowing into the territory east of the Missi!l~;ippi, and to that end treaties were entered into between the several tribes and the Govern-ment, by which the titles of the Indians to their reservations, as well as to their tribal possessions, were extinguished by purcbase. At tbe time when tho Government of the United States sought to extinguish the title of the Pottawatomie Nation to their reservations and tribal possessions, your memorialists, then having made much pro-gress toward civilized life, obje:~tt>d to being removed witl). the other members of the nation, as will be seen by the affidavit of Lathrop M. Tay-lor, which is here submitted: ROLL No.7, AFFIDAVIT No. 20. Affidavit of Lathrop M. Taylor, aged sixty-:fi ve years, being duly sworn, Rtates that he has resided in Saint Joseph Conn ty, Ind., since September, 18:l7, and during that POTT.A. W .A.TOlHE IKDIA~S. 11 time nas known and traded with the Indians; be was present at the Chicago treaty in 1833; knew old chief Pokagon and his band, and bad for six ~'ears. Before going .to that treat,y Topenebee and Pokagon ball!ls held a·council, and de-termined tbey would not sell their reserves, which were in a good hunting pond fish-ing country, and convenient to church and school. Pokagon, especially, was an ardent advocate of education among his peop1e, and it '"·as resolved iu their council that they would not go west and abandon the1r churches and school privileges. Pokagon and his band cam}Jed a little way out of Chicago. They feared some ad-vantage wight be taken of them b.v the commissioners or land specu Ia tors, and holding another council there, they repeateu their 1letermination, and also appointed a com-mittee to watch and kill upon the spot any Indian who should sign any treaty ceuing thl"ir reserves, etc. Affiant sa Magosaw armed and watching the door of the cornmisRioners. Upon affiant askin Magosaw what was wrong, be replied, "Topenebee bas signed the treaty; he is a traitor to his people. I will kill him as he comes ont. '' Affiant notified J. Bertrand, one of the interpreters at the treaty, who approached Magosaw, took him away, promised him a horse nnd other property, and he signed the treaty. This and similar transactions maue such ch:mges that, on the following day, Pokagon was compelled to sign the treaty. Affiant bad an interview with old chief Pokagon, during this time, who was greatly distressed about the turn affairs were taking. Affiant assured Pokagon that the Government was powerful, and was bound to have his reserves, and that he better dispose of them when he could make the best terms. The old chief spoke feelingly of the friendship of his people toward the Government since the signing of the first treaty. The great amount of land his people bad ceded to the Government. The confidence be h2.d entertained that the Government would deal justly with them. The attachment to their reserves, with the ad vantages of reli-gion,education, and subsistence that they then enjoyed on the hunting-grounds oftheir people; the earnestness of his manner when he said, ''If I could save the reserves for my children, I would gladly die in defense of their rights before I would sign the treaty ceding the lands of his children and people away," and he crie1. band, and residents now of said county. (Page 4.) The same being carefully prepared by himself, signed by him, nnd contain-ing the names of 89 parents and children, and that he bas no interest in the claim of the same. (Pages 5, 6, 7, 8, and 9.) List of names, numbering 89 sools. Has no interest in th. are entitled to their just per-capita pro-portion. Annual Amount Amountduo ""' I Amount duo '": Amount due Treaty. amount. Time. due in semi-decade to ond semi-decade, third semi-1836. 1841. to 1846. decade, to 1851. ----Yrs . Yrs. Yrs. Aug. 5, 1795 $1,000 Perpetual .. $1,000 5 $5,000 5 $5,000 5 $5,000 s.,pt. 3o, 1809 500 . .. . do . ...•.. 500 5 2, 500 5 2, 500 5 2, 500 Oct. 2, 1808 2, 500 .... do . ...•.. 2, 500 5 12, 500 5 12, 500 5 12, 500 Aug. 29, 18:!1 5, 000 20 years . ... 5, 000 5 ~5 000 Exp. , ... · io: ooo· Oct. 16, 1826 2, 000 22 years ..• 2, I 00 5 10, 000 5 1 . 2, 000 Sept. 20, 1828 2, 000 Perpetual. . 2, 000 5 10, 0 0 5 10, 000 5 10,000 S ··pt. 20, 1828 1, 000 20 years . ... 1, 000 5 5, 000 5 5, 000 1 1, 000 .T uly 29, 18~9 16, 000 Perpetual. . 1ti, 000 5 80, 000 5 so, 000 5 80, 000 Oct. 20, 1832 15, 000 20 years . ... 15, 000 5 75, 000 1 l!'i, 000 Exp. .......... Oct. 26, 1832 20. 000 . ... do ...... . 20, 000 5 100, 000 5 100 000 5 100,000 Oct. 27, 1832 15,000 12.Years ... 15, 000 5 75, 000 2 30, 000 --·-·· ........... . .. Juno 17, 18461 300 PerpetuaL. ................... .. ................... 5 1, 500 -------------------Total ............ ................... 80, 000 . ......... 400,000 270,000 .. ........ 214,500 I Treaty. Annual amount. P OTTA W ATOMIE l~DIAN_S. 15 · i Due Amonnt due Amount one ~eu~td~~~' se~enth Due in fourth semi- fifth Remi-rlec- u St'rut-dPC· J 872. for decade, to 1856. ade, to 1861. a l~G:o a1le. to oue year. - 1871. Time. Yrs. Yrs. An g. 5, 1795 $1, 000 Perpetual . . 5 $5, 000 5 $5, 000 $5, 000 $5, 000 $1, 000 Sept.30, 1809 500 .... do....... 5 2.500 5 2,500 2,000 2,500 500 Oct. 2,1818 2,500 .... do....... 5 12,500 5 12,500 12,500 12,500 2,500 Aug.29, 1821 5,000 20 years .....•••••.••..•...........•...•.•.•.•••............•..•.•.••••••• ~~;t. ~~: i~~~ ~: ~~~ ~Jpe:tl~~i:: · · · · i; 1· · · io: ooo · · · · · [; · · · io; oo<> · · · io; ooo · · · · io: ooo · · · · · · 2: ooo Sept.20, 1828 1,000 20 years .............................................................. . July 29, 1829 16,"000 Perpetual.. 5 80,000 5 80, 000 80, 000 80, 000 1, 600 Oct. 20,1832 15,000 20 years ... .............................................................. . Oct. 26, 1ll32 20,000 .... do ................................................................... . Oct. 27,1832 15,000 12 years ................................................................. . June 17, 1846 300 Perpetual . . 5 1, 500 5 1, 500 1, 500 1, 500 300 Total •••..•••••.••..•••••.•••••• ~~ll~ ~ l"il,500 lil,soo ll~Wo "22~ Previous to 1872, this measure had been repeatedly examined by the Department of the Interior. Pending the consideration of this mAasnre by the Committee on Indian Affairs of the House of Representatives of the second session Forty-second Congress, tU.e Hon. "\Villiam L. Stoughton, House of Representatives, addressed to the honorable Secretary of the Interior an inquiry, dated June 3, 1872, inclosing a copy of the above report and bill, stating that a greater portion of the Indians resided in his district, and request-ing the opinion of the Department upon the report and bill, to which the honorable Secretary responded by the following letter and report : DEPARTMRNT OF THE INTERIOR, Washington, D. C., June 4, 1872. SIR: I have the hooor to herewith transmit for your information, and in reply to your letter of the 3d instant, in relation to report No. 121, United States Senate, ac-compauying a bill to provide for the claims of the Pottawatomie Indians residing in Michigan and Indiana, a copy of a report of the Commissioner of Indian Affairs, to whom your letter was referred, wherein he expresses the opinion, which is concurred in by this Department, that the Pottawatomies referred to are justly and equitably entitled to the amonnt allowed them by said bill. ' · Very respectfully, your obedient servant, Hon. WM. L. STOUGHTON, Bouse of Representatives. C. DELANO, &creta1·y. DEPARTMENT OF THE INTERIOR, INDIAN OFFICE, Washington, D. C., June 3, 1B72. SIR: Iha>.a the hooOl' to acknowledge the receipt, by informal reference from the Department, of a communication from Ron. William L. Stoughton, dated this day, inclosing a report submitted by Senator Buckingham, together with Senate bill No. 944, relative to certain Pottawatomie Indians residing in Michigan and Indiana1 and requesting the opiniou and recommendation of the Department in the matter. The communication of Mr. Stoughton and inclosures having been submitted for the views of this office, I have the honor to state that I have examined Senator Bucking-ham's report and the treaties affecting the claims of said Indians, aDd am fully satis-fied that the Pottawatomies referred to are justly .and equitably entitled to the amount allowed them by said report and bill. The papers referred to are herewith returned. Very respectfully, your obedient servant, Ron. C. DELANO, Secretm·y of the Interior. F. A. wALKER, Comrnissioner. And, in further confirmation of this proposition, the Senate has twice, once in the Forty-second and once in the Forty-third Congress, passed a bill awarding your memorialists $152,402.96 and au annual perpetual annuity of $2,~44.87 from and after 1872, and the committee of the House of Representativtls of the Forty-third Congress 16 POTTA WATOMI.E. INDIANS. Jeported fav01:ably-on the Senate bill of same Congress, but the bill failed for want of time in the House, Congress adjourning before the bill was reacped. 4th. The construction thus given to the supplemental article of the treaty of Sep-tember 27, 1833, being thus conclusive, it only remains to ascertain what "former treaties" existed at the date of the supplemental treaty of September 27, 1833, in order to determine how much the United States by said treaty agreed and covenanted· to pay to your rnemorialistl3. To establish this point, the following reference to the treaties is given, and they will be found on the pages designated in the table in vol. 7, United States Statutes at Large: ' I Date of treaty. I Page of treaty. Page of annuity. Annuity. Time to run. I .August 3, 1795 ..•..••••••.••••••••••••••••••••.•••. 49 51 $1,000 Forever. 113 114 500 Do. 1~5 185 2,500 Do. September 30, 1809 ................................ . October 2, 1818 ................................... . Au~ust 29, 1821. .••.••••.•••••••..••.•••••••••••••. 211:! 220 5, 000 For 20 years. October 16, 1826 ................................... . 295 296 2, UvO For 22 years. 317 317 2, ouo Forever. ~~~~:~~:~ ~g: ~;;~- ~ ~: :::::::::::::::: ~:::::::::: :: 317 317 1, 000 l<'or 20 years. July 29, 1829 ....................................... . 320 320 16, 000 Forever. 3i8 379 15, ouo For 20 years. 395 20, 000 October 20, 1832 ................................... . October 26, 1ll32 .................................. .. 394 Do. October 27, 1832 .................................. .. 399 401 15,000 For 12 years. See United States Senate Report 121, SPcond session Forty-second Congress. To this exhibit mn~;t be added the $:?,000 annuity for twenty years of treaty of Sep-tembrr 27, 1833, which was made solely with your memorialists; and $:~00 annually after 1847, aa one of the salt provisions of a treaty prior to 1833, was then commuted in cash, and after that paid as an annuity. Under the strictly legal and accepted ruling upon the treaty of September 27, 1833. your memorialists are not entitled to participate in any of the moneyed considerations of the treaties with their people, but "annuities" of ''former" treaties; tLis exclude.• them from. sums of vast amount, as the following will exhibit, which the Kansas people alone can enjoy. The following sums, as annuities, etc., have been paid, or are due the Kansas Indi-ans for reasons shown in the statement, but were improperly included in making the distril ution, in the House report and bill in 1864, but are now by Senate bill and the reports excluded : $850,000 of treaty of September 2G, 1833 ................................ . $t5:-lo,ooo of treaty of June, 1846 .. __ .... -- ... ----. --- .... - .... -- ---- .. -- .. These were improperly included, as these were not treaties "former" to September 26, 18:33, which was the treaty of separation. $5,000 educational fund, annually for thirty years, 1836 to 1866, by treaties of 1826, 1l:'l~8, anti 1829 .............•....• , ... -- .. -...... -..........••. $3,440 blacksmith's fund, annually for thirty years, 1836 to 1866, by treaties of 1826, 1828, and 1829 ... __ ......... __ ............................... . $910 for salt, annually, for thirty years, by t['eaties 1795, 182G, and 18~8 .. . These last funds were improperly included, because they are not annui-ties; they are specific funds not divisible, or ti~, being 42 per cent., about. No premmms or wtNeRt are a..;kPd or wclniled lll th1s case, although these two items alone would, in equity, more than equal the preseut bill. Their demand is simple justice. POTTAWATOMIE lNDU .. NS. 19 From the foregoing statements it will be seen that at the end of the fiscal year end-ing June, 1872, there was remaining due aud unpaid to your memorialists, after de-ducting all payments made to them on account of the several treaties, the sum of $152,60'2.96; the proportion due to your memorialists ·annually from tho perpetual annuuities being $:.!,844.~. At the close of this fiscal year (1878) there will be due, in addition to the sum found above, six annual payments of $'2,844.87, which, being added to the sum due in 1872, aggregates the sum of $Hi9,67;l.18, which last-named sum represents the actual amount of money due to your memorialistA on account of these several annuity t.reaties, on the payment of which your memorialists agree to release the Govermnent of the United States from all future obligations on account of the same. February 19, 1864, the Committee on Indian Affairs of the House of Representatives reported in favor of the case, awarding $192,845 (see Report H. R. No. 19, 1st sess. 38th Con g.), and the same session the House passed an act allowing them that sum. But there were two errors in this report: one was that it included the moneyed bene-tits of other treaties than "former treaties" to September 26, 1833, and ot.her funds than "annuities," as fully shown on pa,ge 16 hereof. This greatly increased the amount over what it should have been had no other error been included; but the other error was this distribution was calculated upon the supposed existen~e of 6,180 of these people when in fact, as hereinbefore shown, there were but 4,090. This error greatly I'educed the amount-nearly to the same extent that the other error in-creased it. The Senate, in 1865, as fully stated on page 16, and decision of the committee, quoted on page 8 hereof, corrected the first error by excluding the amounts before im-properly included in making the distribution, but failed to correct the other error re-garding the number of Indians; 6,180 Indians were used in calculating the distri bn-tion (see page 4, Heport U. S. S. No. 111, 2d sess. 38th Cong.), when there should have been but 4,090, as. will be seen on an examination of the correspondence be-tween Senator Buckingham anJ. ~he Ron. Columbus Delano, then Secretary of the Department of the Interior. Pending the examination of the case by Senator Buckingham, on the 25th March, 1872, be addressed four letters of inquiry to the Secretary of the Interior, in one of which he inquired the number of Pottawatomie Indians residing in Kansas since 1836, by semi-decades, up to 18ti6; another, inquiring the number of your memorialists re-sident in Michigan at the same periods; another, inquiring the amounts paid your memorialists within the same period, and in compliance with what treaties; and a fourth, inquiring whether the treaty of Camp Tippecanoe, October 20, 1832, between the United States and the Pottawatomie "bands of the Prairie and the Kankakee," was regarded as made with the Pottawatomie Nation, or a part of the same known aa bands ofthe Prairie and Kankakee. The following are the replies: DEPART:\mNT OF THE INTRRIOR, JVa11hington, D. C., March ~7, 1872. SIR: I have received your four letters~ dated the 25th instant, asking certain in-formation in reference to the Pottawatomie tribe of Indians of the Prairie and Kan-kakee. In one you ask for a copy of the report of the Secretary of the Interior, made-in compliance witll the act of Congress appreved March 2, 1861, in relation to the amounts, if any, then due the Chippewa, Ottawa, and Pottawatomie Indians, now residing in the State of Michigan. I inclose herewith a copy ofthe report. (See document 19, Ex. Docs., vol. 4, third t~ession Thirty-seventh Congress, herewith.) Your other letters ask for information not in the poss{)ssion of this Department, but which can be found, as I am informed, in the offic~ of the Seconu Auditor of the Treasury. I therefore addressed to the Second Auditor a letter asking the information for which you call, and I have t,he honor to transmit herewith the reply of that officer. Very respectfully, your obedient servant, C. DELANO, Secl'efary. Since writing the foregoing I am informed that the Second Auditor bas failed to answer whether the Pottawatomie Nation, or only a band on a particular location, are included in the treaty concluded at Camp Tippecanoe on the 20th October, 1832, which treaty was made with the Pottawatomie tribe of Indians of the Prairie and Kankakee. I am informed by the Commissioner of Indian Affairs that the construction put upon this treaty includes the Pottawatomie Nation, and that the annuities whioh have beeu 20 POTTA WATO~HE I~DIA:-.1:). paid under the provisions thereof have been paid to the nr.tion, and not to any part thereof known as Iudiana of the Prairie and Kankakee. I have no doubt that the construction of the treaty at the office of the Commissione:t of Indian Affairs is correct. C. DELAXO, Secretary. TrtRASURY DEPARTMENT, Second A utt.wr'i Office, Ala1 ch '2.7, 1872. Sm: The papers herewith contain the inforlllatwn furnished May 4, 1871, January 12, and February.~8, 1872, to ,V. N. Severance, esq., attorney for Pottawatomies of certain bands, being the same request eel by your letter of to-day, modified by sngg<'s-tiomdn that of yesterday to you · from Senator .Buckingham, which laf:!t was fi.leu in this office by Mr. Severance. · Very respectfully, Hon. C. DELANO, Secretary of the Interio1•. E. B. FRENCIT, Second A.udit01·. Exhibit reft1'red to and accompanying fne above Tetter of E. B. F1·tnch, Second ..dudit01· of the 11·easury. The following exhibits the number of the main nation of the Pottawatomie Indians (thof:!e residiug west of the Mississippi) for the yea1·s indicated, a~; the same ap11ears from the receipt rolls in the Indian Office: J. L. Jamison, agent, paid 3,764 persons in 1836. J. P. Simonton, agent, paid 76 persons in 183(), A. S. Davis~ agent, paid :3,390 persons in 18H. R. B. :Mitchell, agent, paid 2,231 persons in 1846. J. R. Chenault, agent, paid 3,914 persons in 1H.jL G. W. Clark, agent, paid 3,181 persons in 1856. W. W. Ross, agent, paid ~,142 persons in1861. L. R. Palmer, agent, paid 2,~0:-t persons in 1H66. The $1,587.5~ was paid.to those Pottawato~ies residing in Michigan, in C'onformity to, and as their proportion of, the treaty of July 29, 1b:.?~l, auJ. the seco11tl article of the supplementary treaty of September 26, 1833, .for all tho year:,~ that the same was paid, excepting for the years 1851 and 1865, in which years tho treaty of 183:3 is not included. The payment of the $39,000 in 1866 was made in conformity to the joint resolution of Congress approved July 28, 1866 (Vol. 14, U.S. S~at. at Large, page 310). In 1843 Robert Stuart paid 253 Indians ..•••••••• --·--·---·····---------- $1,587.50 In ll:l44 Robert Stuart paid 269 Indians .. - •••.••• -- • ___ .••• ••••• ••• • • • • •• 1, 587. 50 In 184G Wm. A. Hichmond paid 217 Indians ...••. ·-----·--- •••• ·----·---- 1,587. 50 In 1846 Wm. A. Richmond paid ~0 1 Indians .••..••••..•. __ .. ___ •. ____ . _ _ _ 1, 587. 50 In 1847 Wm. A. Richmond paid 244 Indians .••••••••.••••.....•.••. ·----- 1, f>H7. f>O In1848 Wm. A. Richmond paid 260 Indians .•..•••••••• ·----· .••••• ·----- 1, 5l:l7. 50 In 18t9 Charles P. Babcock paid 260 Indians .•••.•••••.... ·-------------· 1.587.50 In 1850 Charles P. Babcock paid ilt; Indians··-····----·-----··----·---·- 1,587.50 ln1H51 Wm. Spraguepaid2'2.9 Indians ..•••• ·--·---------------··-------- 1,587.50 In 1852 Wm. Sprague paid 214 Indiaus.-- ••••••••••••...•.• -- ....•.... --- 1, 5d7. 50 In 1853 Henry C. Gilbert paid 219 Indians .•••••••••••••.••• -- .•••... _ •. __ 1, 587.50 In 1854 Henry C. Gilbert paid 2:36 Indians ____ _._·---------·----··----·-·. 1,587.50 In 1855 Henry C. Gilbert paitl 236 Indians ..• ---.----· ...•.. --··.......... 1, GH7. 50 In 1856 Henry C. Gilbert paid 221 Indians................................ 1, :J87. 50 In 1857 A.M. Filch paid 2:29 Indians .••• ·--------· .••••. ·----- .••••• ----. 1, f>t'7. 50 Iu1858 A.M. Filch paid '2.34 Indians .••• ·----------·--------------·- .---·. 1, 5e8. 50 In 1859 A.M. Filch paid'2.53 Indians .••••. ---·--------·----· •••••. ·----·· 1,587.50 In 1860 A. M. Filch paid 236 Indians ... --- ..•••••... -- ..•• --- ... -- •... --·. 1, 587.50 In 1861 De Witt C. Leach paid 235 Indiaus .••••• -----· ·----- ---- -----· --. 1, 587.50 In 186:l De Witt C. Leach paid 247 Indians .••••••••••• ------ ·----- ---··· 1, fJ87. f10 In 1863 De Witt C. Leach paid 246 Indians .... ---··----- •••• ------·-----. l, 5H7. 50 In 11:'64 De Witt C. LPach paid 242 Indians ..••...• ·-·---·----··----·..... 1, 237.50 In 1865 Richard M. Smith patd 2::l:l Indians: principal, in currency, $1,587 .50; premium, in golrl, $692.24 ..... _ ••••.•••••..•••• . . ---. • . . • . • . . . . . • • • . . • 2, 279. 7.t In 1866 Richard M. Smith paid 338 Indians·-----·----··-------------·--- 39,000,00 The above shows the nnmher of Pottawatomie Indians residing in Michigan in the years indicated who re~eiYe~l tb~ amount as showu thereon, as the same appears from the receipt rolls on .file m th1s office. POTT.A. W .A.TOMIE INDIANS. 21 By reference to the report of Senator Buckingham, before referred to, it will be seen that the number of Indians residing in Michigan and l:ldiana. who are eutitlecl to share in these immunities numbered :322, this number being ascertained from evidence then and now on file with the case. This number may be regarded as correct, notwith-standing the fact that in 1866 the evidence on (ile in the Treasury Department shows that in that year 33t5 persons were paid by the Government, as is evidenced by the receipted pay-rolls on file in that Department. l!,or the purpose of securing their rights under these several treaties, your memo-rialists visited Washington with var,ied prospe~t of success, until in 18!'">9 they sent Ed ward Cowles, one of their people, to look after their matters. In 1861 he succeeded so far as to have an act passed directing the Secretary of the Interior to examine their ease and report to Congress, which Caleb B. Smith, Secretary of the Interior, made December 19, 1862 (Ex. Doc. No. 19, third session Thirty-seventh Congress). After receiving the report of the Secretary ofthe Interior, above referred to, and ()rdered by Congress, the Senate Committee on Indian Affairs made a report upon the questions involved in this case, from which we submit the following extract: " "While your committ~e agree with the committee of the other House that Com-missioner Crawfortl, by mistake, failed to carry out the principle adopted by him, by giving them, in fact, their just propo1·tion of all annuities under former treaties and under the supplemental treaty of Chicagdly of the opinion that the only just construction to be given to that supplementary article is that, in case they did not removo with the nation West, t.hey were entitled to share in the annuities only." (Seep. 74, Rep. Com., No. 111, Senate, second session, Thirty-eighth Congress, Hlo5.) · At the same session of Congress the House of Representatives, having this subject under consideration, passed a joint resolution, to which we have before called your attention, awarding to your memorialists, as their share of the annuities secured to the Pottawatomie Nation of Indians by these treaties the sum of $19i,845. (See Re-port No. 19, first session Thirty-eighth Congress, H. R.) This action of Congress in 1865 and 1866 was not the result of ex parte proceedings. The Kansas delegations were here with their experienced attorney and gave Cowles a most active, relentless, and even vindictive opposition. He was frequently ap-proached with propositions to compromise the case, and finally, in April, 1tl1)6, he was threatened that, unless he signed the proposition in writing, they bact iot in their power to defeat his case. The proposition submitted by the Kansas Indians, and which was subsequently signed by Cowles, is in words following: "THE COWLES AGREEMENT. "The controversy heretofore existing between certain Chippewa, Ottawa, and Pot-tawatomie Indians of Michigan and the Pottawotamie Natiun of Kansas has IJeen compromised and adjusted, the latter agreeing to pay the former the sum of thirty-nine thousand dollars, in full of all claims, pa.st, pre:lent, and future, against the tribe, ~rising out of any treaty or otherwise." Dated Office Indian Affairs, Aprilll, 186[_5 ]6. (Original on the files of the Honse of Representatives and a certified copy with the Committee on Indian Affairs, Honse of Representatives.) He was greatly distressed. He was assured that it contained no release to the Gov-ernment; that by signing it the Indians would lose no right-! under the Government treat.ies. Be was allowed no time to confer with his people in Mwhigan, and, believ-ing theRe representations, he signed it and reported to his people at once, as shown by the following evidence: .Affidavit of Edward Cow lea-Synopsis of affida1Jit No. 43: He now resides in (Niles) Berien County, Michigan. Has received a <'ommon-schoo\ education. In 1859 he came to Washington to look after their annuitie~. Was de-layed from year to year, and resisted by the delegations and attorneys of the Kansas Inrlians. That in 1865 and '66 he was approached by them with propositions to compromise the claim, accompanied by threats that unless heacceptese to so notify the proper DPpartment of their action; which was done, as appears from the following evidence iu the case : Baker g. Riclta1·d's letter to Hon. Charles Upson. PAw PAw, MicH., June 15, 1866. DEAR SIR: We are instructed, by the unanimous vote of our Michigan Indians in council at Rush Lake, to address you this note, andreqnest you to advise the Depart-ment that the Indians will not r-:~linquit:>h the.ir annuities or any part ofthPnl. BAKER & RICHARDS. Hon. CHAS. UPSON, Hou/je of Rt:pre/jentatives, Washington, D. C. Synopsis of affidavit of John R. Raker. [Exhibit of letter same as fn Upson's affidavit.J STATE OF MICHIGAN, County of Van Buren: John R. Baker, of Paw Paw, said county, was one of the Jaw firm of Bakf'l' & Richards, of same place, and be wrote the above letter to Hon. Cuarle~ Upt>uu7 signed the firm name, and duly mailed the same to said Up:;ou. Sworn to before S. W. Denscombe, notary public. l!'ebruary 3, 1873, Synopsis of affidavit of Hon. Charles Upson. STATE OF MICHIGAN, Branch County: Charles Upson, of Coldwater, said connty, in .1866, while in Washinp:ton, D. C., as Representative, received a letter from Mes,rs. Baker & Hie bards, of ·which he thinks the annexed paper, marked A, is a true copy. He cloes uot now recollect, but feels confident that he must have informed either the Department or committee of its con-tents soon arter its reception. Sworn to before David Thompson, United States commissioner, eto. February 117 1873. By this evidence it appears that your memorialists promptly Pntered tlwir protest by employing attorneys to notify the Government thnt they would not relinquish their annuities, or auy part of them, which was dnly forwarded to their Repre:;enta-tive in Cougress (thus ''bringing it to the ear of the court"), and requeRtiug him as an officer of the Government to so notify the Depart.mPnt. Upi:lon reeeiveu the pro-test'' some six weeks" before the passage of the act, and believes be gave the notice required. Be that as it may, it matters nothing. The Indians had exercised fnll diligence, and can not in law, much less in honor and right <1ealing, be bel d liah!A for any neglect on the part of the officers of the Government, espPcially under trustee-ship. The memorialists bad gone into debt to build for themselves two chnrcbes and two school-bousE's, as they are now mostly residing in two parishes, expecting in 1863 and 1864 the large amount to be soon paid thew, and in ltl6o these debts were en-POTTAWATOMIE INDIANS. 23 dangering their small farms and cherished improvements, as appears from the follow-ing evidence : ROLL No, 10, AFFIDAVIT No. 23. The Indians sad long expected the payment of a large amount, being familiar with tho reports of Ron. W. P. Dole, Commissioner of Indian Atfairs, and Hou. C. B. Smith, Secretary of the Interior, mad(' in 1862, and believed the amount then reported ($l92,8GU) wonld be paid. In view of its early payment they had contracted a large amonnt of debts for churches anrl school-houses, etc., and npon hearing of the joint resolution awarding only $39,000 they held several councils of their people Rn•l d('-c"ided not to accept the $:39.000, fearing it would debar them from prosecuting their just claim for the 1·emainder. ROLL No. 13, AFFIDAVIT No. 26. STATE OF MICHIGAN, County of Ca&s, IS: [Extract.] • • • • , which made it necessary for tlH•m to rPceive it to save their farms from being sacrificed at mortgage sale, and partJy from l'epresenta-tious then made that their claim wonlrl yet be paid in full if said Government should • be satisfied that it was just and equitable. ELIAS S. liOW ARD. Subscribed and sworn to before me this lOth day of January, 18il. [SEAL.] CHANCY T. LRR:, Notary Public, Cass County, Michigan. Synopsis of affida·vit of .A. J. Toposh. That he was present at several councils of these people held in May and June, 1866; that at a council held immediately before, and at, the payment of $3!>,000, he was re-quested and authorized, as their interf)reter, to make their deliberations known to the agent making the payment. He was in trncted to inform him that the Indians could not accept the $39,000 as payment in full of the large amounts they then knew to be due them by the Governmt~nt's reports, decisions, and actions, but as they batl mortgages on t,heir small farms, church and school property, and threatened with fore-closure and sheriff's sale, being in greatly distressed circumstances, being poor and needy, they would accept the $39,0UO, and allow the same as so much pairl them on their just claim. That before the payment was made he did faithfully make known the result of the deliberations of the Indians in council, as above set forth, in the presence and hearing of the agent1 Mr. Smith, the Inrlians, and others present. Tbe agent would have no conference with the Indians. That the Indians were advised by friends and counsel, and a Ml'l Johnson, who, it was unrlerstoorl, was present to aid 'Mr. Smith in the payment in some way by appointment of the Government, that their acceptance of the money could not have any effect to prevent the payment of all just balances due them, as they only accepted it upon the express condition of their protests. That this advice of friends, counsel, and Mr. Johnson was freely given and expressed in the presence of the agent, to which the agent made no reply. That under these circumstances and advice, £elying upon the law~ and facts as thus assured to them, they signed the receipt required by the agent . .Affidavits of Francis Pokagon and Simon Pokagon. They are sons of old chief Pokagon; have had a partial English education. (Note.-Their testimony is substantially the same, and fully corroborative of the abovenffidavitofToposh; referring to Johnson's advice, they say:) Tho Indians were advised by frieutls and counsel that a receipt so forced from them, unc.ler all its at-tending facts, could not ue held to abrogate the Government treaties, or in any way defeat them in their .i ust claim under said treaties, and such was the statement then a~d there made bcfo£e the payment by said Johnson, which advice and assurances were accepted by the Indians as of authority, and the same was given in the pres-ence of said age11t, and the same was not, in the presence or bf'aring of the Indians - or to their knowledge, by said agent in any way modified or disowned, and, relying on this, they signed the required receipt and took the money, said Johnson assisting in the payment, and from our knowledge we don't believ;e one dollar of it woulr the express language of the instrument ere· ating the same (4 Den., N.Y., 385; 11 H. Mon., Ky., 23:~). "Payment must be made of the whole surn, and even where ·receipt in fall h11 .~ been given for a paymt>nt of pa.rt of 1\Unscertained sum, it has Leeu heldnot to be an eJ·ti ... c-tion of the debt (5 Coke, 117; 21Jam. & Ad., 477; 11 Vt .• 60; 26 1\ie., 88; 9 Johuti., 333; 17 ib., 196)." Upon the most eri tical examination of t!le eviden co cf protest n:nd the ci rcn :1·•sta n ces attending the payment, h must be conceded that the Cowles agreom..;nt, twou t\!.ough it La.d been properly obtained aud the a.ct in accord with it, W<~, aud reruaius in bw, fully annulled in allleg'll resp~cts aud efft>cts void. The joint resolution (vol. 14 Unit.eu States Statut~s, pag~ 370) reads: "To pay the Chippewa, Ottawa, an.d Pottawatumte Indi!l.n'> of Michigan, in pur-suance of an agreement aud compromise made with the Po\.tawatomie Nat.iou, so named and designated in the treaty of 1846 with the United States, the sum of$:39,000, in full of all claims in favor of said Michigan Indians, etther against. tl.Je Uniteu States or said nations of Indians, present, past, or future, arising Otlt of any trea.ty made with them, or any band or confederation thereof, and the annuity now paid them is to be restorPd and paid to said nation for the future." The act itself states that it was to carry iuto eff~c~ a compromise and ~greement be-26 POTTAWAT0~1IE INDIANS. tween the memorialists and the Kansas people; and, by refert>nce to the Congres-sional Globe, it appear!:! that this was the only representat.ion made on the floors whi(jb secured its hasty passage by both houses on the last two days of the session. Now, most happ-ily for these unfortunate people, this agreement is in writing, signed by Mr. Cowles and the Kansas delegation, and duly preserved on the file rec-ords of tbe House, and it reads: "The controversy heretofore existing between certain Chippewa, Ott~ wa, and Pot-tawatomie Indians of Michigan auu the Potlawatuwie Na.Lion of 1\.au-.at:~lm:-~ Let·n compromised aunt'On, agent, paid 76 persons in B36 . .A.. S. Davis, agent, paid 8,390 persons in 1841. R. B. Mitchell, agent, paid 2,231 persons in 184~. J. R. Chenault, agent, paid :~,914 persons in 1851. G. W. Clark, agent, paid 3,1t!1 persons in 1856. W. W. L~oss, agent, paid 2,142 persons in 1tl61. L. R. Palmer, agent, paid 2,202 persons in 1866. The $1,587.50 was paid to those Pottawatomies residing in Michigan in conformlty to, and as their proportion of, the treaty of Jnly 29, 1tl29, and the secouu article of the supplementary treaty of September 26, 18:~3, for all the ye~rs that the same was paid, ~xcepting for the years 18;)1 and 1865, in which years the treaty of 1833 is not in-cluded. The pa.yment or the $~9,000 in 1866 was made in conformity to the joint resolution of Congress approved July 28, 1866 (vol. 14, U. S. Stat. ~t Large, page 370). In 1843 Robert Stuart paid 253 Indians._. ___ ·--·--·-------_·------------- $1,587.50 Iu Jtl44 Robert Stuart paid 269 Indians. ____ .. _____ ·-. ___ . ____ .. ___ --·--__ 1, 587. GO In 1845 Wm. A. Richwoml paid 217 Indians. ___ -··- ___ .·- ___ .. __ ---_·-.-· 1, 587.50 In 1846 Wm. A. H.ichmond pairl204 India.liS.--··---------··-----··-··---- 1,f,l:l7.50 In 1847 Wm . .A.. Richmond paid 244 Iudian:L----- ·---- · ·----· ·--· ·----· -- 1, 587.50 In 1848 Wm. A. Richmond paifl2h0 Indians ____ ----·---···--·--·--·:----- 1,f)Ri. ;,o In 1849 Cbas. P. Baucock paid iGO Indians.···-··----··-·-----··--·-·---- 1, Gr7. ;,o In '-1;)0 Chas. P. Bahcuck paifl 218 In•.liaus --·-. __ --· ·- ----. __ --- ... __ . -· _ 1, Gtl7. 50 In 1~51 Wm. Sprague paid i-29 I!-!diaus.-·- ·----· ·----·· .----- ·-··-· ·-·--· 1, 587.50 In 18u2 Wm. Sprague paid 2t4 Indians.·----··-----·----···--- - ---·-··--- 1,587. GO In 18:):3 Ilf'ury C. Gilbert paid 21H ltHlians ·----···--·-· .... ·----····· ·-·- 1,587.f,O Inl854 Henry C. Gill1ert. paid ~:{6 Jndiam1 --··---·· ···-·· •..• ·--· ·-·· ·--- l,f>87.fl0 In 1855 Henry C. Gi lltert paid ::!:)G Indinns ···---· .... _ .. ·-·--· ·----· ·--- 1,5~7.!'>0 In 1o56 Hemy C. Giluert paid :2:21 Indiaus ..... ---· ____ ·- _ --· ..•. ----.--- 1, 587.50 In 1!:lfl7 A.M. Filch paid ~:m Indians.·-·-·· .... ·-·· .... ···--··-----·----- 1,587.5(} In 1858 A.M. b'ilc-h paifl :!:H lllllians. ·-·--· ··---· -··· ---· --·· ·---···----- 1,il87.50 In 1859 A.M. Fi!f'h p·dd 23:{ fndians. ·----· ·----· ·-·-·· -··- ·-·--· .... --·- 1,587.50 In 1860 A. :\I. Filc:b paid :!:3G Indian..::.: _____ ····-··----·--·-·--·-·--···-·- 1,f>87.GO In 181:il De Wit C. Leach paif-37.50 In 18G·l De \Vit C. Lenrb paid 2-t7 Tnflin.ns. ·--- ·--· -··- .... -··· ·--· ·----· 1,5~7.50 , In 1~6:3 De Wit{) . LParh paid 246 Indians,·---·-···--··-········--····-- 1,5tl7.f>O Iu 18()4 De Wit C. Lea<•h paid 2 ·-h! Indians ..... ____ -·--- --·· ---· ____ ---· 1,~37.50 In 1~33 Riclum.l M. Smith paid 23:-J Indians: principal, in cnrreney, $l,Gti7.50; preminm, in gol, 000.00 Thf' above shows the number of Pottawatom1e Indians rf'sirling in :Michigan in tl1e ye11rs indicat.ed '"' bo rP,..eived the amount as shown thereon, as the same appears. from the receipt rolls on tile in this office. As the qnPstion!1 :n·iHing in thi8 cnse ba.ve so often been considered and examined by the several departments of the Government, with a umformly faYorahle rt>snlt t~ your memorialists' claims fur rem, have been subjected to the most rigi Honse, aro so full and complete upon all questions arising in the case, whether thN!e qtwstio11s be of fact, of eqaity, or of law, that we submit them Pntire as a part of this menroriai_ Ia conclusion, we will only add that your memorialists are an intPlligent, frng-n.l, industrious, and Christian people, fnlly competent to manage their own atfairs. They nre a.t all times aRRllrNl by the highest anthority of tlH~ Gover1o:nent that tlwir canse is just, and are conscious that ultimately it must prevail. They are in want, and 28 .t'O'l''l'A W ATOMlB INDIANS. have wa.ited long for their money, diligently and continually urgtng Congress to en-able the Secretary of the Interior to pay them. It has twice passed the Senate, and once the House, and it is most ardently hoped that all fnture expense and trouble, both to them and the Government, may be avoided by the present bill becoming a. law, as they will ever pray. SIMON POKAGON, Chairman Business Committee. w. N. SEVERANCE, Of South Bend, Ind., Cou11Bel •. CHARL~< S N. LAMrooN, Of Lima, Ohio, Couusel. REPORT FROM THE COMl\IITTEE ON INDIAN AFFAIRS OF THE STC'NATE O"F Till!: UNITED STATES AND RKli'.IJ:RRKD TO IN THE FOREGOING MEMOHIAL AS 'r.LiE '' BUCKlNuHAl\I REPORT." [Senate Report No.l21, Forty-second Congress, second session.) Mr. BUCKINGHAM made the following report (to accomp::my bill S. 94.4): The Committee on Indian Affai1·s, to whom was rejet·red the petition oj the Pottawafomi6 In-dians rematning in Michi!Jan and Indiana for the payment of annuities due them, Bub m-il the following report: In the year 1795, and at vari,.,ml times, the Government of the United States has made treaties with the Ottawa, Chippewa., and Pottawatomie Indians, in which they were formally recognized as dh;tinct nations uniting in the same treaties, but recently they have been known as the United Nation of Pottawatomies, and since 1846 as the Pottawatomie Nation. By the provh;ions of the &everal treaties the Indians ceded lands to the Govern-ment, and the Government paid for the same in other lands, in money, and in goods, and pledged annuities-some for a short and some for a. long period. On the 26th of September, 1833, a treaty was made by which the nation ceded t-<1 the United States about 5,000,000 acres of land lying on the western shore of Lake Michigan, for which the Government gave and pledged a satisfactory consideration. A part of the nation did not at that time agree to the treaty, but the next day, being the 27th day of September, 1833, those who had declined and were known as the ehiefs and bead-men of said united nation of Indians, residing upon their reservations of land lying in the Territory of Michigan, south of Grand River, entered into a treaty supplementary to that which bad been executed the previous day, by which they became parties to the main treaty upon terms specified in the supplementary treaty; one of which permitted them to remove to northern Michigan and declared that in ca~e of removal they should be entitled to share in all annuities payable under former treaties. The Commissioner of Indian Affairs, in a letter addressed to the Secretary of the Interior, dated November 15, 1862, said that the main tribe moved to their ne~ h.omee we.st of the Mississippi, and the Catholic party of the northern portion of MIChlgan. This is evidence that they complied with the condition upon which they were to share in the annuities due the nation. The nation was permitted to remain on the lands they ceded to the Government until 1836, and received all their annuities there, of which these bands undoubtedly received their portion. After the removal oi the nation, the Government made repeated appropriations, and pairl many of the a!lnu-ities to the Pottawatomie Nation west of the Mississippi, wllile the bands in Miclugan received no part of the same. . The Commissioner of Indian Affairs in 1843 recognized their claim to a portion of annuities granted. to the nation nnder the treaties of Jul.) 20, 18~9. and September 27, 1tl3:3, and paid the sum of $1,587.50 annually as their portion of t.he same from ltl43 until and including the year 1865. The Commissioner nmlonhtedly overlooked an-nuities ;pledged in other treaties which are evidently as obligatory as those tmdct· which he paid. . An act of Congress, approved March 2, 1861, directed the Secreta.ry of the Inter~ or to examine and report to Congress what amount, if any, was then dne to t!J.c qilip-pewa, Ottawa, and Pottawatomie Indians residing in Michigan, ~mder and b:-.· nrtne of the t~reaties of Jnly 29, 1829, September ~6, 18:1:~. a.nd the articles suppkmentary thereto and under the treat:v of the 5th and 19th of June, 1846, with the Pott:twat-omie Nations of Indians, and also to report whether there is any money or prop.nrty therefoore payable to said Pottawatomie Nation, made under and b,y Yu-tue of the POTTAWATO~HE INDIANS. 29 treaty of October 26, 1832, and other treaties, which has not been appropriated and paid; aud, if any, what amount. In compliance with the Tequirements of that act, the Secretary reported under date of Deceru IJer 19, 186~. t~at, based upon the construction given by the Indian Office to the several treaties, there was due the Pottawatomie Nation $160,540.4~ in cash, be-side tobaceo, iron, steel, and salt, and that he had no reasons to doubt the statement or the construction given by the Cornmissi01wr to the treaties. He also says that no payments were ma1le the Michigan band under the provisions of the treaty of the ~7th of ~eptember, until 1tl-t3, and ailds, "that the band which by the supplementary treaty was permitted to remain in Michigan must be regarded as a part of the Pottawatomie Nation. They are entitled to receive per capita their proportion of the annuities aud other payments provided for in the several treaties with the nation, to ~he sa1ue extent they would have been if they had gone West with the tribe." "To determine the amount due them it is nece8sary to ascertain the number in Kansas at the date of the several payments, and the number of those of the band who were by the snpplementary treaty permitted to remain in Michigan, and of their king at the circum8tances of the main nation, and of the Michigan band, and the ouje0t which each desired to accomplish, it is evident to your committee that by the treaty of September 26, 1~3:~, the main nation cede1l to the United States all their interest in lands in Illinois and Michigan, for which they agreed. to receive $500,000, to be applied tor ditl'erent purposes-an annuity of $14,000 per year for twenty years and5,LIOO,OOO acres of laud west of the Mississippi River, and to remove to the same within three years; also, that the Michigan bands, by the supplementary treaty, ceded to the United States all their interest in lands descriiJed in the main treaty, to-gether with certain sectious of land which had been reserved to them by former treat-ies, for which they were paid a consideration separate from that paid to the nation. After the supplemPntary treaty had been executed another provision was annexed, as follows: "As since the signing of the treaty apart of the bandresiding on the res-ervat.ionsin the Territory of Michigan have requested, on acconnt of their l'eligions creed, permission to remove to the northern part of the peninsula of Michigan, it is agreed that in Jase of snch removal the just proportion of all annnities pa\ahle to thPm nuder former treatiPs, and that arising from the sale of the reservation on which they now reside, shall be paid them at L'arbre Croche." This provision was evidently a relinquisliment of all claims" to participate in the provisions" of the main treaty of Septemher26, and gave the bands a right only to a porti9n of annuities under former treaties, and to the consideration then pledged for their reservations. Your committee are therefore of the opinion that both the nation and the Michigan band executed the treaties of the 26th and 27th of September, 1tl:H, for the purpose of making a complete separation of all pecuniary interest.s, except in annuities duo the nationnnderformer treaties, that each party might go their own way, one we:st of the Mississippi, and the other to northern Michigan. If this is a correctcon8trnction of the treaty and i t.s supplement, it is evident that the Imlians ofl\fichigan llaveno claim to annuities arising under the ma,in treaty of St'p-ternuer 26, 183:~. nor to any portion of the consideration paid for lands then ceded, nor to the proceeds arising from the sale of lands lying west of the Mississippi. This construction is also a bar to the claim which the memorialists now make fnr payment ot the lands alienated by the first section of the supplemtntal treaty. TuC' $100,000 was the consideration given for that land. In examining the tseveral treaties, the committee find that by the one of Jt~ne 7, 1803, the United States e11gaged to deliver yearly, and every year, a quantity of salt not exceeding 150 bushels. By the tr~:>aty of October 26, 1826, the United States stipulated to provide for the support of a blacksmith at; some convenient point; to appropriate for the purpose of 30 POTTA WATOMIE INDIANS. education the annual sum of$2,000, so long as Congress might think proper; to build a mill at Tippecanoe River; to support a miller, and to pay annually 160 bushels of salt, all of which therem specified were to have been paid by the Indian ag~nt at Fort Wayne. By the treaty of September 20, 1828, the United States agreed to furnish the Pot-tawatomie tribe annually with a specified amount of tol>acco, iron, and steel; with a blacksmith for fifteen years; with three laboren~ for a part of each year for ten years, and to appropriate $1,000 annually to be apolie1l for the purposes of education, so long as Congret~s sbould think the appropriation would be useful. Ot.her treaties have similar provisions. Others reser,·ed sections and tracts ofland for particular p ersons ancl bands, which have since been ceded to the United States, and the consideration paiu to the parties for whom they were reserved. In the judgment of your committee, the memorialists are not entitled to any part of the payments made for lands so reserved, nor for any annuities pa.Hl to chieft~ and · other individuals, nor a.re they entitled to any annuities for educational purpol'es, which are restricted to the pleasure of Congress; nor to any which were pledged for the e~:~tabli~hment of blacksmith-shops, for iron and steel, for mills, millers, anrl laborers. These wereforlocalobjebtA, in which eacll individual might receive bent>fh only as he should resort to such localities, and pa.rticipate in them in common with the entire nation. Bnt vrhen, 'as in one instance, another treaty was afterward ratified, by which the Government agreed to pay a specified annuity in money instead of performing the stipulations referred to above, such annuity being made susceptibl~ of subdivision and distribution, gave your memorialists a title to their just proportion. The annuity of 111)1,587.50, paid tlle Michigan Indians from ISH to 1865, was regarded by the commissioners as their just proportion of an annuity of $16,000 pledged by tlle treaty of 1829, and of the $2,000 made payable annually by the supplementary treaties of September 21, 18~3; whereas, in the judgment of your committee, as expressed in their com.truction of this and the several treaties, they aro entitled to the entire an-nuity of $~,000. . On the 28th of July, 1866, Congress pas~ed an act directing the Secretary of the In-terior "to pay the Chippewa, Ottawa, and Pottawatomie Indians, of Michigan, in pursuance of an agreement and compromise made with the Pottawatomie Nation, so named and designated in the treaty of 1846 witll the United States, the sum of $39,000, in full of all claims in fa,vor of said Michigan Indians, either against the United States or said nations of Indians, present, past, or future, arising out of any treaty made with them, or any band or confederation thereof, and the annuity now paid them is to be restored and paid to said natum for the future." On examination it does not appear that the M1ehigan Indians were parties to that treaty, or that the treaty had any reference to them; and it is difficult for your com-mittP-e to see how two interested parties can justly unite aurl deprive a third party of inter<:sts to which he is entir1ed by previous treaties which they have entered into with him. Nor do they understand how, in accordance with the principles of law or jnsticP, the Government can determine that a partial fulfillment of treaty stipulations shall bar those with whom the treaties have been made from claiming the a.monn t stipulated. There is evidence that the Michigan Indians received this ap propriation under a protest, and claimed that it did not discharge the GovernmPnt from all pecu-niary ouligations to them; to which conclusion the committee have also arriYed. The committee believe that all annuities have been paid up to and including the year 1~35, and they determine the amount which has become dne since that year, and apportion it to the memorialists and to the nation in proportion to their num-bers at each semi-decarle. They have, however, made no distinction between tbe valne of annuities payable ln silver and those payable in currency. The number which makes up the nation west of the Mississippi is determined by the receipt-rolls on file in the Second Auditor's Office of the Treasury Department, and the number which make up the Michigan Indians is determined by like rolls for the years 1~43 to 18u6, i ncl usi ve. Previous to 18 1:~ Government officers recognized their number as being 250, and by affidavits it is shown that a census was taken in 1871 which makes their number 233. Affidavits show that in 1841 twenty-three of the 1\ficLiga.n band removed to Indi-ana, and that their number increast>d to eighty-nine in 1~71. No allowance is made for any re~idin~ in that State prior to 1841, and as there haA evidently bePn a gradual incrAaRe in their numbers since that date, the increase has been apportioned to each semi -decade. POTTAWATOMIE INDIANS. .:n The following exhibit is made in accordance with the constru_cti~m given to all treaties as herein set forth, aud shows the amount due the mewonallsts: Treaty. Annual Amount. Time. Amount due fourth st·mi-•le cade to 1856. Yrs. .Aug. 5,1795 . $1,000 Perpetual .. 5 $:\,000 Sept.30,1800. 500 .... do...... 5 2.-~oo Oct. 2, 1818 2, 500 . do...... 5 1:.!, 500 .Aug. 29, 18-H 5, 000 20 years .................. .. Yrs. 5 5 5 $5, oco 2, 500 12, 500 $5,000 :!, 50ll 12, 5UO $:i, 000 2, 500 12,500 $1,000 500 2, 500 Oct. 16,1826. 2, 000 2<:1 years .................. ------ ............................. --·-------Sept. 20, 1X!8. 2, tlOO Perpetual . . 5 10, 000 5 10, 000 10, 000 10, 000 2, 000 Sept. 20, 18~8. 1, 000 20 :vears .. .. .. . .. . .. . .. ............................ .. July 29, 1829. 16, 000 Perpetual . . 5 80, 000 5 80, 000 80, 000 80, 000 1, 600 Oct. 20,1832 . 15, 000 20 ·'ears . .. . ... . . . . . . . .... .. .... . . . ...................................... . Oct .• 26, 1832. 20,000 .... do . . .... . 5 .................................. .. -----·- ........... .. Oct. 27,1832 15,000 12years .................... ------ ................. .. .......... ----··---· June 17, 18!6. 300 Perpetual... 5 1, 500 5 1, 500 1, 500 1, 500 300 Total .... -:-==-----·-------- ~!'lil."500j~illl.500illl.5o0 1ll.50o 22~ Treaty. Annual Amount. Time. .Amount .A mount due iirst Amount duesPc-due in semi-decade, to ond semi-de-1836. 1841. cade, to 1846. .Amount due third semi-de-cade, to 1851. YrB. Yrs. Yrs. Aug. 5, 1795 $1, 000 Perpetual... $1, 000 5 $5, 000 5 $;), 000 5 Sept. 30,1809. 500 .... do....... 500 5 2, 500 5 2, 500 5 Oct. 2,1818. 2, 500 .... do....... 2, 500 5 12.500 5 12,500 5 $5,000 2. 500 12, 500 Aug.29,1821 5 01'0 20years..... 5,000 5 25,000 Exp ................. .. Oct. 16, 1826 2, OOd 22 years..... 2, 000 5 10, 000 5 10. 000 1 2, 000 Srpt. 20. 18:28 2, 000 Pe1·petual... 2, 000 5 10. 000 5 10, 000 5 10, 000 Sept. 20, 18~ll 1, OliO '20 ye;trs .. .. 1, 000 5 5, OuO 5 5, OOll 1 1, 000 July 29, 18'29 16, 000 Perpetual... 16, 000 5 80, 0110 5 80, 000 5 80,000 Oct. 20,1832. 15,000 20years ..... 15,000 5 75,000 1 15,000 Exp ....... Oct. 26, 1832 . 20, 000 .... du . . . • • . 20, 000 5 10o, 000 5 100. 000 5 100, 000 Oct. 27,1832. 15,000 12 years. ... 15,000 5 75,000 2 30,000 ...... ...... . June17, 1846. 300 Perpetual... .......... ...... ............ ...... ............ 5 1, 500 TotaL .......................... ------sO,ooo ~j400:000j~j270:000 ~ 214~ Years. Indian~ Indians in Totalnum-wt>st of the Michigan ber of M is A is- and lndi- Indians. sippi. ana. 18.16.--- -·.- ........... ··---- 3, 816 250 4, 090 l!i41. ............ -----· ...... a,:mo 273 3, 66:l 1816 .. -·· •••• -- ------- -·-.-. 2, :!31 269 2, 500 J85l. ...... ----- -·----- ···--. 3, 914 287 4, 201 1856 .. ---- ................ --. 3 1!'1 281 3, 462 1861 ·-. -· ............. -............... 2,142 304 2,446 181)6. --···· .••• -·. -- .. --.--- 2, 2Jl2 317 2, 519 1871. •••.•• ----.------- •• ---. 2, 202 322 2, 524 1872. -.-- •••••• -- •.. - ••• -.--- 2, 202 322 2, 524 Amount due the na- Per capita. tiuu. $80,000.00 $19.56 400, 000. 00 109. 20 270, 000.00 108. 00 211, 500. 00 51.05 111, 50'· 00 32. 20 111, 500.00 45.58 111, 500. 00 ~~h sums in fnll (•f all dema:1ds or claims arising out of any and all treaties aud agreemb~ts heretof~.iO made with sad nation and bands in which said bands have an interest. REPORT OF THE HON. S. S. BURDETT REFEI"'-RED TO I~ THE FOREGOI:NG MEMORI.:t.. The following is the report of the Hon. SamuelS. Burdett, of the House of Represent-atives, during the Forty-fi':'st and Forty-second Congresses, who was a member of the Committee on Indian Atfairs, and chairman of the subcommittee to which was re-ferred the cause herein. Of the abi!i.ty, integrity, experience, and energy which he brought to the impartial, critical, ant! yet patient examination of the case, it is un-necessary to here affirm, a>~ they are all weU known and acknowled~ed. To each of the ft>atures of his report, which is here preseded, your paticut and impartial consid-eration is invited: In order to more clearly understand the premises of this case, it may be profitable to briefly refer to some of the historic facts preceding the immediate origin of the case. In 1795, and prior thereto, the Potta watornie Indians, now so called, were the most nu-merous and powerful of our western frontit-·r Indians, and occupied the greater por-tJOn of the territory now comprising the north western part of Ohio, the northern part. of Indiana, the southwestern part of Michigan, the northeastern part of Illinois, and the southeastern part of Wisconsin. 1 From the first contact of these penple with us, they have faithfully mrtintained the most friendlyrelations toward the Go"ernmentandourfrontiersettlersin th€j~ midst~ and early, gradually, and con.tinuonsly fraternized with .them and adopted the ~~-')des of civilized life, encoura2;e(l missions, schoolH, and agriculture, and under Gene:1l Cass, several thonsanecific reserves, for the fron-tier settlers of the country. . POTT.A.WATOMIE INDIANS. 33 The following exhibit shows the reference and moneyed features of these several treaties of purchase, which, in the territory above mentioned, aggregate nearly 30,000,000 of acres of land, now second to no country in the nation: Stipulations. Time to run. Vol.~. Date of treaty. : Amount. Proclamation., ----------------------1 1------------1----------------Perpetual annuity ..••.••..... Salt ...............•...••••.•.. Perpetual annuity .•••••...•.. Perpetual annuity .•.••..•.... Annuity .•......••••.•.•••.• • . Annuity .•••••••••••••••••••.. :Blacksmith ...•.•..•••••.•••.. I ron, st eel, an u ru iller . ....•.... Salt (160 bushels) . ..•••..•..•.. Perpetual annuity ........... . · Annuity ... . ................ .. Tobacco, iron, and steel. .•.•... · Education ..•.•••.•• · ......... .. 49 74 113 185 :!95 295 295 295 295 3L7 317 317 317 Aug. 3,1795 $1,000 Dec. 2, 1795 June 7, 1803 Dec. 26, 1803 Sept. 30,1809 500 Jan. 16, uno Oct. 2, 1818 2, 500 Jan. lG, 181 9 Aug. 29, 1821 2, 006 Mar. 25, 1B22 Oct. 1U, 1826 2, 000 Feb. 7,1827 .... do •.•• : .................. do •.••••••. . .. . do ........ . ............. . do ..••..... . ... do ....................... do ....... .. Sept. 20, 1828 2, 000 Jan. 7,1829 .. .. do......... 1, 000 . ... do ....... .. .... do ...................... do ....... .. .... do......... 1, 000 .... do ........ . Fore>cr. Forever. Do. Twenty-two years. Pleasure of .Presi-dent • Forever. Twenty-years. Annually . Pleasure of Con• ~n·ess . To chief . ..................... . 317 317 317 378 378 394 39! .. .. do .. • •• .. .. 100 .... do • .••• •• .. Life of. : :::~~ :·::::::: :::::::::: ::: : ~~ :::::::::1 :Blacksmith . .................. . Iron and steel. ......... -..... .. Annuity ..................... . Oct. 20, 1832 15, 000 Jan. 21,1833 Twenty years. . . . do . .. . .. ............ . .... do ......... Life of. To chief ..................... .. Annuity .................... .. Oct. 26, 1832 20,000 .••. do ...•..•.. Twenty years. Oct. 27,1832 2, 000 .... do ......... Pleasure of Con• Education ................... . Perpetual annuity .. • • • • • .. • .. 320 July 29, 1829 16, 000 Jan. 2, 1830 i)~~:=i~~e~~:::: ::::::::::::: ~~~ I ::::~~ ::::::::: ::::::::::I::: : ~~::::::::: Sa.lt (50 barrels)............... 320 ... . do ...................... . do ....... .. .Annuity...................... 431 Sept. 26,1833 14,000 Feb. 21,1835 Annuity...................... 442 Sept. 27,1833 2, 000 .... do ........ . To chiefs . ..................... 431 Sept. 26, 1833 1,100 .. .. do ... .. For 4 sections of land......... 498 Mar. 29,1836 2, 560 June 4,1836 For 36 section Iii of land........ 490 May 11, 1836 23, 040 May 25, 1836 For 10 sections of land........ 500 Apr. 22, 1836 6, 400 .... do ....... .. For 3 sections of land......... 501 ... . do..... .. . . 1, 920 .... do . .... . .. For 22 sections of land........ 50:5 Aug. 5,1836 H , 080 Feb. 18,1837 For 10 sections of land........ 513 Sept. 20, 1836 8, 000 .... do ....... .. J'or 4 sections ofland. ........ 514 Sept. 22,1836 . 3, 200 .... do ........ . For 42 sections of land ........ 515 1::\ept. 23, 1836 33, OUO .... do ........ . '.Annuity ...... ................ 218 Aug. 29, 1~21 5, 000 Mar. 25, 18~2 Threeiuborers ................ 317 Sept. 20,l82R Jan. 7,1820 Annuity ................ ...... 399 Oct. 27, 1832 15, 000 Jan. :ll, 1833 .Annuity ... ... .......... ...... 467 Dec. 10, 1834 1, 000 Mar. 16, 1835 Trust-fund, etc ..................... June 5 and 17, 850,000 .............. .. 1816. Trust-fund, interest annually.·\·--··- ... . do .. .••. .. . 32, 150 ............... . gress. Forever. Do. Do. Do. Twenty years • Do. Life of. One vear. In orieand two year One year. Do. In 1838. Do. Do. Do. 'l'wimty years. Ten years. Twelve year11. Two years • (By treaty, June 5 and 17, 1846, the 5,000,000 tract in Iowa was purchased by the United States, a trust-fund of $643,000 created, with an interest annuity of $32,150 annually, and other funds and lands granted.to the Indians in Kansas.) About 1830 the Government adopted the policy of extinguishing, by purchase, all Indian title to lands east of the Mississippi Hiver. • . These annuitants, then numbering some 250, had made such progress in civilization, by the aid of their missionaries, schools, and the ailoption of the modes of civil life, that they were resolved not to go west or release their Government reserve title to their reserves in Michigan and Indiana, then amon.1ting, as shown in the treaty of Sep-tember 27, 1833, to (104,960 acres) 164 sections. By the treaty, September 26, 1833, the Indians who finally went to Kansas ceded to the United States their title to the remaining tribal lands, as estimated in the treaty, of 5,000,000 acres, and agreed to go west, receiving therefor 5,000,000 acres on the Mis-souri, in the (now) State of Iowa, and some $850,000 in annuities, trust-funds, school-funds, and other moneyed provisions. This treaty was completed on September 26, 1833. These annuitants (the me-morialists) refused to and did not ,join in it or accept its provisions. But on the following day they entered into a treaty called'' articles supplementary" to the treaty of the 26th. The following extracts from this treaty exhibit all of im-portance in this case : "Articles supplementary to the treaty made at Chicago, in the State of Illinois, on the 26th ilay of September, 1833, between George B. Porter, Thomas J. V. Owen, and William Weatherford, commissioners on the part of the Unitect ~tates, of the onfl part, and the uniteilnation of Chipnewa, Ottawa, an~l Pottawatomie In1lians, conc1ncled at the same place on the 27th day of 1::\eptember, 18J3, ueLweell the saiu commission-H. Rep. 324-3 34 POTTAWA.TOMIE INDIANS. ers on th~ part of the United States, of the one part, and the chiefs and headmen of said united nation of Indians residing upon the reservations of land situated in the Territory of Michigan, south of Grand River, of the other part. ''ARTICLE 1. The said chiefs and headmen cede to the United State-s all their land situate in the Territory of Michigan, south of the Grand River, bf'ing .the reserva-tions at Notawasepe, of four miles square, contained in the third clause of the second article. treaty made at Chicago on the 29th day of August, 1821; and the 99 sections of land contained in the treaty m.ade at Saint Joseph on the 1~tb ~eptember, 1tl27; and also the tract of land on the Saint Jose}!h River, opposite the town of Niles, and extending to the line of the State ofindiana, on which the villages of ').'openelJee and Pokagon are situated, supposed to contain about 49 sections. ''. ARTICLE 2. In consideration ofthe above cession it is hereby stipulated that the said chiefs and headmen, and their immediate tribes, shall be considered parties to the said treaty, to which this is supplementary and be entitled to participate in all the provisions therein contained as a part of the united nation; and, further, there shall be paid by the United States the sum of one hundred thousand dollars ($1001000), to be applied as follows: " (The remainder of the article, in four clauses, awards $10,000 to satisfy those who asked for individual reserves; $25,000 to pay outside debts of the nation; $25,000 in .. goods; and $40,000 in $2,000 paymentlil for twenty years.) " On behalf of the chiefs and headmen of the united nation of Indians w"Qo signed the treaty to which these articles are supplementary, we hereby, in evidence of our concurrence therein, become parties thereto. "And as since the signing of the treaty a part of the band residing on the reserva-tion in the Territory of Michigan have requested, on account of their religious creed, permission to remove to the northern part of Michigan, it is agreed that in case of 4\uch removal the just proportion of all annuities payable to them under former ~reaties, and that arising from the sale of the reservation on which they now reside, shall be paid to them at L' Arbre Croche." The treaties of the 2iith and ~7th in substance simply provide: 1st, on the part of the main nation now in Kansas, that they were to remove west of the Mississippi within three years, on to this 5,000,000 tracji, receive the entire benefits of all the moneyed benefits of their release of their Indian :title to occupancy of the 5,000,000 tract about Chicago, and the $::l50,000, while these annuitants were to remain in Mich-igan, and receive their just proportion of all former annuities there, their rights to the same remaining unchanged and unimpaired, and the $100,000 mentioned in the treaty of September 2i, in consideration of their tribal reserves (164 sections, 104,960 acres) then ceded to the Government, and their interest in common in the 5,000,000. about Chicago. · It appears from the recorrls of the departments that the main nation then numbered 3,840, and these annuitants 250 souls. These annuitants make no complaint of laches of the Government in these premises, prior to 1836. They confess the facts of having received their just proportion of all annuities, in full, up to that date, including the $60,000 in moneyed provisions, and one of the twenty installments of $2;000 under treaty 27th September, 1883. The main nation was removed west, many of them by force of the military of the United States. These annuitants were exempted, and protected by the United States officers from such removal. They did and do now remain there, and are doubt-less as well civilized, christianized, and industrious Indians as there are in the United States, being good and unobjeo.tionable citizens in community. As will be seen by Commissioner Crawford's letter accompanying the papers, they received no annuities until1843, when an award of $1,587.56, out of one of the "for-mer annuities" of July, 1829, which was then paid them. This payment was contin-ued to them until 1865. They continually remonstrated that it was not thmr just proportion of all the annuities due them. They pressed their case in the Department of the Interior and Congress, and in 1862 the Secretary of the Interior, in compliance with act of March, 1861, reported $192,850 due them. The Indian Committee reported unanimously in favor of the same, and the House passed a joint resolution awarding them that amount. (See reports accom-panying the papers.) . But we must notice tw.o errors in the same: ,1st, the reports include 'the moneyed benefits resulting from an exchange, which the Kansas Indians and United States by treaties in 1846 made, resulting in $850,000 in money to the Indians, which clearly, under the language of the treaty of September 27, before cited, does not belong to these annuitants, although it might so seem in equity that it did, this being a sub-sequent treaty to September 26, 1833, not a former treaty. This error greatly increases the award; and the second error was "supposing?' the existence of 6,180 Indians, when in fact there were but 4,090 (see Secretary De-lano's letters and reports of 1865 and 1872), which error~ to almost an exact amount, · reduced their proper award; so that, in fact, the award of $1921850 was only somQ fl1250 in error in their favor, at this date. POTTA. WATOM.DE INDIANS. 35 The Sen&.te (see r~port of 1865) corrected the first error, but failed to notice the sec-ond, which greatly reduced their just award. The Senate committee found $50,925 their due as arrears, and by its decision established these annuitants iu their rights to the perpetual annuities (the last limited annuity having expired in 1847); and they now only ask that this decision be applied to the settlement of this case upon the corrected data, as to the number of Indian participants. The decision of the said committee is in these words: "While your committee agree with the committee of the other house that Commia-· sioner Crawford, by mistake, failed to carry out the principle adopted by him, by giving them, in fact, their just proportion of all annuities under former treaties, and under the supplemental treaty of Chicago, and that it is just that such pqnciple should now be applied, and that they should now receive their just proportion of annuities under all the treaties in which they had shared, as well as the annuities under the treaty of 1829, and supplemental treaty of 1833, they are at the same time decidedly of th& opinion that the only just construction to be given to that supplemental artisle is that, in case they did not remove with the nation west, they were entitled to share in the annuities only." (Seep. 4, Rep, Com. No. 111, Senate, 2d sess. 38th Congress.) The following exhibit taken from Governor Buckingham's report (No. 121, United States Senate) shows the annuities of treatie's of a date prior to September 26, 1833. These annuities, under the language of the article permitting them to remain, are not entitled to the annuities of September 26, 1833, it not being a "former" treaty; the treaty of the 27th being styled "articles supplementary," etc., making it a present and not a former treaty, of which the annuitants are entitled to their just per oapita proportion. · Treaty, Annual' amount. Time. Amount due in 1836. Amount due first semi-de-cade, to 1841. Amount due Amount due second semi-de- third semi-de-cade, to 1846. cade, to 1851. -----1---- -------·1----1----c---- ----------Yrs. Yrs. rrs. Aug. 5, 1795 $1,000 Pe11>etual .••••. $1,000 5 $5,000 5 $5,000 5 $5,000 Sept. SO, 1809 500 .... dol ... ---.---. 500 5 2, 500 5 2, 500 5 2, 500 Oct. 2, 1818 2, 500 ... do ........... 2, 500 5 12, 500 5 12,500 5 12, 500 Aug. 29, 1821 5, 000 20 years ........ 5, OliO 5 25, 000 Exp. ·--- --·- - --- --- ··---Oct. 16, 1S:26 2, 000 22 years ........ 2, 000 5 10,000 5 10, 000 1 2, 000 Sept. 20, 1828 2, 000 Perpetual ...••. 2, 000 5 10, 0110 5 .10, 01 0 5 10, 000 Do . ...... 1, 000 20 years . ....... ·1, 000 5 5, uuo 5 5, oou 1 1, uoo :ruly 29, 1829 16, (100 Perpetual ...... 16, OcO 5 80,000 5 80, 000 5 80, 000 Oct. 20, 1!'!32 15. GOO 20 years ........ 15, uoo 5 75,000 1 15, oou Exp. Oct. 26, 1832 20,000 .... do ........... 20, ouo 5 100, 000 5 100, uoo 5 100,000 Oct. 27, 1832 16, 000 12 years ........ 15, 000 5 75,000 2 30,000 ............ ........ - . . June 17, U!46 300 Perpetual ...... .......... ·--------· ----·- ....................... 5 1,500 Total............. ............. .... 80,000 ...... 400,000 270, 000 ...... 214,000 Treaty. Aug. 5, 1795 Sept. SO, 1809 Oct. 2, 1818 Aug. 29, 1821 Oct. 16, 1826 Sept. 20, 1828 Sept. ~o. 1828 July 29, 1829 Oct. 20, 1832 Oct. 26, 1~32 Oct. 27, 1832 June 17, 1846 Annual amount. .1, 000 500 2,500 5,000 2, 000 2, 000 1, 000 16, 000 15,000 20,000 15,000 300 Time. Amount due Amount due fourth semi- fifth semi-dec-de~~~~: to ade, to 1861. Yr1. Yr1. Du~ sixth Due semi-dec- s~':~d~~- Df:rino~Z2, ade. to ade to year. 1866. 1871. Perpetual 2 $5, 000 5 $5, 000 $5, 000 $5, 000 .1, 000 .... do..... 5 2, 500 5 2, 500 2, 500 2, 500 500 .... do. . . .. 5 12, 500 5 12, 500 12, 500 12, 000 2, 500 ;g ~=:~: :: :::::: ::::::::: :::::: ::::r::: :::::::::::: :::::::::: :::::::::::: Perpetual 5 10, 000 5 10, 000 10, 000 10, 000 2, 000 20 years ..................................... - .......................... . Perpeiual 5 80, 000 5 80, 000 80, 000 80, 000 1, 000 20 years ................................................................. . .... do .................................................................... . 12 years ................................................................ .. Perpetual 5 1, 500 5 1, 500 1, 500 1, 500 300 ------------·1-----1---·--1-----Total ............................... 111,500 ...... 111, 500 111, 500 111, 500 22,200 To award the annuitants their proportion of the above annuities only rejects all their claims to the educational and blacksmith's funds, they not being divisible as annuities, to chief's for salt, eto., which were moneyed provisions of the former trea-ties, i. e., those prior to 1833, but not annuities. It also cuts them off from all par-ticipation in the $643,000 trust fund, and the $32,150 annual interest on the same arising out of the sale by the Kansas IndiallS of the 5,000,000 tract, as reserved to the Pottawatomies in Iowa, and sold to the United States by treaty in 1846. Thia was a subsequent, not a former, treaty to 1833. 36 POTTAWA'l'OMIE INDIANS. It also cuts them o~ from J?articipation in the land. provisions arising out of th& treaty of H346, by wh1ch the1r Kansas brethren rece1ve, by United States patent from 80 to 160 acres apiece, old and young included. ' This may seem a hardsh~p to the Michigan and Indiana people, but it is the result of what seems to be and 1s accepted as a proper construction of the treaty of Sep-tember 27, lt;33, by which they were permitted to remain, and upon which their claim rests. The action of Congress in 1866 terminated by the passage of a joint resolution (No. 1~1, first sess: 39th Cong.) allowi_ng these annu.itants $39,000, in full of all demands, either as agamst the Kansas Int.hans or the Umted States to be paid out of the trust funds of the Kansas Pottawatomies. This joint resolution states that its provisions are the result of an agreement between the eastern and western Indians. The facts as presented in the case are these: A Michigan Indian by the name of Ed-ward Cowles, who had a common English education, was not a lawyer and had no ex-perience in such business, was presentmg their case here. He was opposed by the Kan-sas delegation and their able and experienced attorney in such matters. They at sev-eral sessions of Congress made overtures for a compromise of his claims, which here-jected, until, finally, he. was presented with a proposition to accept $:~9,000, accom-panied by a threat that unless he entered into the compromise then they had it in their power to defeat his case entirely, and a written agreement was presen'ted him to sign. He was allowed no time to confer with his people; was assured that by signing it he would not prejudice the rights of his people for any claims for all bal-ances remaining due them from the United States under the treaties; and so believ-ing, he signed it, went home, reported to his people in council his action. They repudiated his agreement, revoked his power, employed Messrs. Baker & Richards attorneys, to so notify the Government, which the Indians were informed and believed was properly done, some six weeks before the action of Congress, and supposed that that ePded all action on the Cowles agreement, and knew nothing to the contrary until some time in August following, when they received notice that $39,000 would be paid them soon, in full of all their claims. . They file their affidavits in the case, stating that they were informed, and believed,. that th~ results of their councils were properly sent to Washington, notifying the proper department of their refusal to relinquish their annuities or any part of them. John R. Baker files his affidavit of having written to Hon. Charles Upson, then their Representative in Congress, to that effect. Ron. Charles Upson upon his oath states that he received such letter, identifying it by copy, and that he feels (ionfident he gave the required notice to the Department, w hJCh letter includes notice of revocation of Cowles's power of attorney for having exceeded his powers, etc., and was dated and mailed, and doubtless received nearly six weeks prior to action of Congress on the joint resolution. They held councils and unanimously instructed their interpreter to notify the agent. of the United States making the payment that they would not receive it under the pro-visions of the resolution of Congress; but as they had contracted debts for schools and churches, expecting a large amount, etc., in their distress they would accept it only as so much paid on their just claim, to save their improvements from sheriff's sale, etc., which protest the interpreter fully made known to the agent of the United States making the payment, and before the money was paid; that, upon this protest by council and friends, the Indians were advised, and believed, and now fully believe, that by accept-ing the money they could not annul their treat.y ri~hts, which they held superior to a receipt, and sacred to them and the Government . . Under these instructions, given in the prel!ence and hearing of the agent of the United States making the payment, and without his modification or denial, but with the approval of his assistants, they ac-cepted it and gave the required receipt. It has been said that there is no valid basis for this case in the treaty of September 27, 1833; that the Government is not a party, and is not bound by the last-cited pro-vision of that treaty. In considering this objection it must be remembered that the removal of these In-dians west was the principal object of the treaty; that permission to remain could only emanate from the United States as a party. By virtue of this article they did remain. In effecting the removal of the Indians by military force these annuitants were exempted, and protected in remainjng by the United States officers, while all others who could be secured were arrested and taken west by force. Commissioner Crawford, contemporaneous with the events, speaks of it in his letter toR. Stuart, Indian agent of this agency, as ''the suppleme1•al article of the treaty," the article, etc., of full and unquestioned authority and force in the premises. At all times it has been maintained by the executive and legislative department-s of the Government as part of the treaty; was ratified as such by the Senate, and is so printed in the statutes. • Both branches of Congress and the Department of the Interior, after frequent and protracted examinations, have established its authority as an article of the ueaty. I POTTAWATOMlE INDIANS. 37 tTbese annuitants have ever believed it a valid article, and to test it by adverse sup-position, if it be not, then the United States have perpetrated a fraud upon these people by maintaining them, where its obligations for a valuable considPration are invalid and of no force. It now seems that it must be held as binding upon both parties as any other article <>f the treaty, and that in be true interest of both parties. As to the obligation or guaranty contained in this article protecting the annuitants itt their just proportion, it must be observed that, as the treatieH by which the Government purchased these lands prior to 1833 provided for the pa.yment of the annuities to these annuitants in common with their people in Michigan and Indiana, any act on the part .of the Government which permits them, or any part of them, to remain there contin-ues the original obligation to pay them there, and no new promise or guaranty is necessary from the United States other than permission to remain, or remaining by permission, which is the same in effect, to keep in full force the original treaty pro-visions to pay the annuities to these annuitants in Michigan and Indians. Again, the agreement as signed by the parties and presented as a defense to this ·Case, does not recite that the $39,000 shall be accepted as any release of claims against the Unit-ed States, but only as against the tribe, i. e., the Kansas Indians. This fully reconciles the representations made to Cowles, believing which, be states in his affidavit, he signed it. It mnst be noticed in this relation that the tribe owed these annuitants for noth-ing. They had no claim upon the trust, educational, or reserve funds of the same, as these were created by treaties subsequent to 1833, and including ~6th September, 1833, in which it is decided and accepted these annuitants have no claim. The Government has at all times paid Indian aunuitifls to the annuitants, per capita, 11.t their villages or place of residence. The Government clearly permitted these an-nuitants to remain in Michigan, hence this agreement can not be. held as any bar or barrier to the case of the annuitants. 'fhe resolution, as it passed Congress, in addition to the language of the agreement, which is in writing and signed by the parties, recites "or against the Dnited States." It will not be doupted that cestui que trusts, competent to contracts, may, by -contract, release the trustee, but that agreement must be clear, specific, and properly ()btained. Here we have the agreement in writing signed by the parties; and it cer-tainly can not be maintained that it even attempts the release of the United States as trustee, pu chasing debtor, or otherwise, which leaves the joint resolution, as far as t.he claim of these annuitants is concerned a~ainst the Government, entirely foreign to the agreement executed by the parties in the premises. The following shows the manner of determining the amount now due these annui· • tants ou final settlement, taking the last table and the numbers of Indians as estab-lished by the record and facts in the case as the data: Year. ------------------------------------------~---------- -----------------------1---------------l----------:-----------------1836 .•.•• · •••••• .••••••••••.••••••••••••••••••. 1841. ......................................... . 1846 .......................................... . 1851. ................................. •••••••• 1856 .................. ••••••· ................. -1861. ....................................... .. 1866 ......................................... . 1871. ......................................... . 1872 .......................................... . 3, 840 3, 390 2, 321 3 ~14 3: 181 2, 142 2 :w2 <>' 20') 2; 20~ 250 27:l 269 21!7 281 30-t 317 322 322 4, 090 3, 66:.1 2, 500 4, 201 3. 462 2, 4~6 2, 519 2. :•24 2, 5:!4 $80,000. 00 400, uoo. 00 270, 000.00 214, 500. 00 111, 500. 00 111, 500.00 111. fill{), uo 111 , 100 00 2:l, :.100. 00 $19.56 109. 20 10-<. 00 51. 05 32.20 4fi. 58 44.26 45.60 8. 83 Add full annuity under treaty September 27, 1833, $2, 000, for 19 years_ ...••.••.......••••.. There were paid the memorialists from the year 1843 to 1863, inclusive, 21 years, 1n$is~!7:~~ .~~~-~~~~~::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: $3 ~: I!~:~~ ln 18ti5 ...................................................................... ,.. I, fio7. fill In 1866, in accordance with public act......................................... 3, 9011. oo $4,890.00 29, 811. 6() 29,052.00 14,651.35 9, 048.20 13, 856.32 14, 070.42 14,683.20 2, 844.87 132,867.96 38, 000.00 170,867.96 ------ 75, 162. 50 Balance due memorialists................................................................. 95, 705. 46 Annuity of $2,842.87 capitation, at 5 per cent. per annum, equals.... ....................... 56, 897.50 Due to make final settlement ............................................................. -I 152, 602. 96 • I 38 POTTA W ATU.Ml~ INDIANS. Having thus considered the facts and fe&tures for and against the case, it seems clear that, in the language of the Commissioner of Indian Affairs and the Secretary of the Interior, in approval of the Senate bill and report, "the amount allowed the • said Pottawatomies is equitably and justly due them;" and the same should bo ap-propriated and paid to theni. . The foregoing pages contain a true copy of a report prepared by me as one of a sub-committee of the Committee of Indian Affairs, House of Hepresentat1ves, Forty-second Congress. The views expressed were reached after tnost diligent and painstaking research. It was to me a matter of sincere regret that opportunity was not found to have fina_l action on the case by the committee and House. This copy is furnished toW. N. Severance, esq., at his request. S. S. BURDETT. This cause was again presented to the Forty-third Congress, and the bill (then being Senate bill No. 211:l) was reported to the Senate by the Committee on Indian Affairs and passed. · ' ' The following extracts are here made from the report of the House Committee on ' Indian Affairs of the Forty-third Congress on tbe above bill, which report :ls on the files of the committee with the other papers in this case: fExtract.] The Committee on Indian Affairs, to whom was referred Senate bill No. 218, "to enable the Secretary of the Interior to make final settlement with the Pottawatomie Indians of Michigan and Indiana, under treaty stipulations existing with them," having considered the same, make the following report: This bill appropriates the sum of $155,447.83, due to the Pottawatomie Indians who are now citizens of Cass, Van Buren, and Berrien Counties, in the State ofMichigan, and Saint Joseph County, Ind., in full settlement of all claims whatsoever, under treaties with the United States, and for the surrender of their lands and reservations to the Government. The history of this claim in favor of the Pottawatomie Indians of Michigan and Indiana shows that for twelve years past they .have personally, -and through their representatives, urged its settlement before Congress, ancl during all that time their claim bas been 'recommended to be paid by the Indian Office, an(l favorably consid-ered by the Senat.e and by the Committee of Indian Affairs of this House. It has at no time been reported adversely. - The committee therefore deem it sufficient to report the facts briefly npon which • they recommend the passage of the Senate bill and the payment of the sum men-hloned. • The following testimon.v will, we trust, fully explain everything connected with the payment of the $39,000 provided for by the joint resolution of Congress, passed for the purpose of carrying into e:ffet;:t the agreemeut entered into between the Kansas Indians and Cowles, and to which we have before referred. We desire to submit no comments upon this evidence. We append this evidence to our memorial and make it a part thereof. Testimony of affiants, Nos. 55 and 64, inclusive, t·oll 28. [The original testi~ony will be found accompanying this memorial.} STATE OF MICHIGAN, County of Van Buren, 38: Before me, Cenius H. Engle, a notary public, in and for said county of Van Bnren~ personally appeared Augustine J. Toposh, Cetone Mote, Cetone Mote, jr., ·James Po-kagan, John Koshwa, Alexus Chenigar, Joseph Bertrand, William Cowtuckmuck, and John Mix, who, being by me duly sworn, upon their oaths say that Augustine J. To posh, Simon Pokagan, Cetone Mote, Cetone Mote, jr .• James Pokagan, John Koshwa,. AlexanderChenigar, Joseph Bertrand, Joseph Otuckwin, William Cowtuckmuck, and John Mix, are members of the Pokagan band of Pottawatomieindians, residing in Cass, Van Buren, and Berrien Counties, Mich., and Saint Joseph County, Ind., and Augustine J. Toposh has for many years been living in their midst, and acting many times as their friend, and at the payment o:f the $39,000, in 1866, as their interpreter to make known the wotest of their people against aecepting that sum as final, and their determination not to relinquish any of their treaty rights or annuities. That their people, as shown by the former evidence in the case, now number some 322 souls; that they are an industrious, orderly, frugal, and religions people, main-taining themselves, their churches, and schools, which they have bnilt for their own people; ana that they, as a people, are as fully competent to manage their own affairs as any other people in equal common walks of life, · POTTAWATOMIE INDIANS. 39 That before the payment of the $39,000, which was made in 1866, these people. had received and fully considered and understood, at several full councils, the various re-ports of the Department of the Interior, and of the House of~epresentatives United States, w !1ich showed the Government owed them nearly $200,000, which they be-. lieved to be just and right in amount; and for t.hese good reasons they wholly refused to. accept the $39,000 as a full and final payment, and relinquish their treaty rights. But then being in great distress for money, being severa;l years in debt, for money borrowed to build two churches and two school-houses in two parishes for their people and children, in full confidence of the early payment of the sum of $192,850, as stated by tb.e Government to be due them for their lands, they were forced to accept this $39,000, as the only escape to save their improvements from sheriff's and mort-gage sales, but accepted it o~ly as so much paid on the amount due them. In 1866, as soon as the Indians learned that the Government contemplated pay- . ing them but $39,000, they in full council directed the proper department of the Gov-ernment to be notified of their determin'ed protest; which was, that they could not accept the $39,000 and relinquish their annuities, or any treaty rights; which protest was made in writing, and by them forwarded to and received by Hon. Charles Upson, then in the city of Washington, D. C., their representative in Congress, some six: weeks before the passage of the act awarding them the $39,000. Again, at the payment, in 1866, before money was p(l.id, they, by Augustine J. Toposh as their interpreter, duly authorized so to do, stated to the agent of the Government making the payment, that upon reports of the Government $192,850 was due them for their lands; that by the Government delaying to pay them they had become dis-tressed by debts; that they had no money or credit; that their improvements were liable to be sold at sheriff's sale; that they must have the $39,000, but that they would only give receipt for so much paid on their treaty rights, and not as the Gov-ernment wanted it, in full and final payment. They were then informed by friends, and advised by counsel, that they could safely accept the $39,000 and give the receipt demanded; that the Government could not, and would not, hold such receipt so forced from them as an abrogation of ·their treaty rights. . They yet feared to sign the receipt lest it might endanger or destroy their treaty rights to the payment for the many broad sections of their laud, in sight of and around them, then and now occupied by their ruore fortunate white neighbors. There was one Rev. P. 0. Johnson, who came with the agent, and was assisting him, and by the Indians was regarded as an officer of the Government, speaking with au-thority, and he told them that if they would sign the paper they could have the money, and that the Government, which was their great Christian guardian, and which for so many years had been the friend of their people and was yet their friend, would, upon a proper presentation of their case, pay them all that should be found due to them from the United States Government.* Everything came to a stand-still for the whole day, or nearly so, wh~n Mr. Smith, having known me as a missionary to the Indians since 1843, advised them to counsel with me, as I had intimate knowledge of the treaties and the manner ofthe Govern-ment dealing with them. They acted upon this advice, and after several hours spent in free interchange of thought and feelings, during which they stated their claims and grievances to me fully, as I understand their language, I advised them to receive the $39,000 and sign the required receipt upon their protests already made. I also stated to them that I believed, from wh:1t I had seen of the dealings of our Govern-ment with Indians, that the intention of the Government was not to wrong them, but to deal kindly and justly with them; that I felt sure that if, upon examination of their treaty stipulations, it should be found that there remained any sum, large or small, due them, it would be paid them. The fact of their signing this receipt would not be a bar to their claim, especially so when it could be shown that the mistake was on the part of our Government; and that they were compelled, by reason of dtoJJts incurred in anticipation of a much larger sum, long before that, to have the $39,000 or lose their improvements. (Extract from the testimony of Rev. P. 0. Johnson; seep. 12, Supl. Memorial.) Believing and relying upon these representations, the reports, advice of friends and counsel, a:ad statement of Mr. Johnson, they then signed the receipt, received the f39,000, and at once commenced these proceedings for the remainder, and they can *One of their people, Aug1.1stine J. Toposh, as the interpreter of their councils, be-fore the payment was made, and in the presence and hearing of Mr. Smith and the In-dians, said that the Indians in their councils had instrQcted him to say to him (Mr. Smith) that in full accord with· their writtoo. prote~Sts, which they bad sent to the Hon. Charles Upson and the .Department, they could not accept the $:~9,000 andre· linquish any of their rights under the treaties, but, being in g1·eat di~tress, they would accept it only as so much paid on their just demand. · 40 POTTA W ATOMIE INDIANS. not yet believe but that their Christian guardian and Government will be true to ita obligations, so solemnly entered into anrl just to them, by paying them for their lands, which they so q.nwHlmgly sold to it. Witnesses to signatures by mark: C. H. ENGLE. ALLIE ENGLE. STATE OF MICHIGAN, County of Van Buren, ss : AUGUSTINE J. TOPOSH. his CETONE + MOTEE. mark. his CETONE +MOTE, Jun. mark. JAMES POKAGON. his JOHN+ KOSHWA, mark. ALEXIS CHENIGAR. his JOSEPH + BERTRAND. mark. his WM. + COWTUCKMUC1C, mark. JOHN MIX. Subscribed and sworn to before m~ this fifth day of December, A. D. 1874, and I certify the above affiants can all speak English generally and uutler~>tanuingly, and that before administering to them the oath I clearly read in their hearing the above affidavit; and further, in order that they might more fully understand its contents in their mother tongue, I swore said Augustine J. Toposh, who I believe to be an able interpreter, to well and truly interpret the same to them all, which he did in their hearing, and fully made known to them the nature of the oath to be administered to them by me; and I further certify that I have been acquainted with said band of In· diaus referred to in aforesaid affidavit for seventeen years past, and was present at a great council held by them in their church in 1866, a few weeks before they received the $39,000 payment from Government. They met to talk over the propriety of receiving the payment aforesaid, and after discussing the matter nearly all day, finally took a vote of all present tllat they would not receive' the payment only as part payment of their due from the United States Gov· ernment, which was claimed by them to be about $200,000; and, further, I certify that all· the above affiants, so far as I know, sustain a good reputation, and are men of truth and veracity, and that I have good reason to believe that the facts and cir-eumstances set forth in said affidavit are true in substance, and that I have no inter-<1\Bt in the prosecution ofthis claim agaist the United Stat~s Government. . (SEAL.) CENIUS H. ENGLE, Notary Public. (NoTE.-To this is attached the certificate, under seal, of Samuel Holmes, clerk oil Van Buren circu1t court, certifying that C. H. Engle is a notary public in and for said county, etc.) BTATE OF MicmGAN, County of Van Buren, ss: Before me, Cenius H. Engle, a notary public in and for said county, personally ap-peared Ansel E. ,Reynolds and Henry P. Phelps, who, being by me duly sv,rorn, upon 'iiheir oaths state that the above affidavit has been distinctly read in their hearing, $nd that they are well acquainted with the persons who subscribed the same, except one or two, and that they sustain a good reputation where they live for truth and ""eracity; that they have been acquainted with the band of Indians nwnti"nedin said affidavit for twenty-six years; that they have dealt with them a grer.t deal during that period, purchasing of them furs, and selling them goods; that they are acquainted with the facts set forth iu said affidavit relative to said band of Indians having built two churches, and having to help build two school-houses in two different parishes; that they built them, judgiQ.g from their talk, with the expectation of an early pay-ment from the United States Government of some $200,000; and that at the time they received the $39,000 payment in 18115 they were heavily in debt on their farms, as a general thing, and that many of 1 he mortgages were becoming due, and that th67 lwii. no money or credit to meet their obligations j that it was much taJ.ked of in the POTTA WATOMIE INDIANS. 41 neighborhood where said Indians lived; that they were obliged to receive the $39,000 payment on account of debts, and that they received the same believing that they should receive the balance of their claim against the United States Government, and that they are still confident, believing that they are to receive it within a few months at most; and, still further, said affiants believe, from their own knowledge, that all the facts and circumstances set forth in said affidavit are correct and true in sub-stance, except as to the matters connected with the protest against the $39,00b, which facts they have no personal knowledge of, but from reliable reports believe them to be truA; and that they have no interest in this ·claim of the Indians against the United States Government. • ANSEL E. REYNOLDS •• HENRY P. PHELPS. STATE OF MICHIGAN, County of Van B1~ren, 88: Sworn and subscribed to before me this 5th day of December, A. D. 1874. I hereby certif.v that the said Ansel E. Reynolds and Henry P. Phelps have been merchants of Hartford Villa.ge, in said county, for many years, and that they are persons to be re-lied upon for honesty and integrity. STATE> OF MICHIGAN, County of Cass, sa: CENIUS H. 'ENGLE, Notary P1•blio. Before me, Chauncy T. Lee, a notary public in and .for Cass County, State of Michi-gan, personally appeared Elias S. Howard, of the county of Cass and State of Michi-gan, who, being duly sworn, testifies and says: That the foregoing affidavits have been distinctly read to me, and that I am well acquainted with the persons who have subscribed the same, and that they sustain ~ood moral characters where they reside, and have the reputation of telling the truth m all matters. That I have been well acquainted with the band of Indians mentioned in said affi-davit for twenty years; that I have had quite a large amount of dealings with them, and found them well adapted to take care of their own matters. That they are an honest and industrious band, and that I am acquainted with their building two churches, and helping to build two school-houses, which they would not have done had they not expected to receive from Government some $~00,000. And I further swear that I was present at the payment by the agent of the United States of the sum of $39,000, in 1866, and although they were badly in debt, and many of them about to lose their houses by mortgage, etc., they utterly refused to receive said $39,000 in full satisfaction of their claims against the Government, and only re-ceived said $39,000 in part payment of their claims against the United States Govern-ment, and many of them would not have signed the receipt bad not o~ Johnson, who was with said agent, told the Indians that if they would sign the receipt the Govern-ment would still see that the said Indians would receive from the Government the full amount of their claim; and by these means they consented to receive the $39,000 in part payment of their claim, and a soon as said $39,000 was paid the Indians took measures to secure and have allowed the• balance of their claim fi:om the United States, and that I am not interested in this claim, directly or ~ndirectly. ELIAS S. HowARD. Subscribed and sworn to before me this 9th day of December, A. D. 1874; and I further certify that said Howard is fully entitled to full faith and credit; and I hereby certify that I have no interest in the claim. (SEAL.] STATE OF MICHIGAN, County of Oas8, 81: CHAUNCY T. LEE, Notary Public. Personally appeared before me James S. Sullivan, of the county of Cass, State of Michigan, who, being duly sworn, testifies and says: That he is a practicing attorney, and that be is well acquainted with the band of Indians mentioned in the foregoing affidavits, and has been well aequainted with said band for more than twenty years, and has acted as their coum~el more or less ever since, and was their counsel at the payment of $39,000 in 1866, by the Govern-ment to said band. And the understanding was by the said Indians that they only received said $39,000 in part payment of their claim against the Government, and they protested and refused to receive said $39,000 in any other shape than as part payment; and I, as their counsel, assured them that the Government would not make them·receive said $39,000 in full payment as long as more was their honest due. And it was under my advice, and the advice of one Johnson (is his name, as I am in-formed), that they finally consented to receive said $39,0001 and only then as part pay• ment of what was due them from the Government • • 42 POTTAWATOMIE INDIANS. That I am well acquainted with the most of said Indians constituting said band, and they are an honest and industrious people, and trying hard to make a living, and that they were heavily in debt at the time they received said $39,000, and unless they had so received said money they would have suffered greatly; and further that I am not interested in this cl~im. • JAMES SULLIVAN. STATE OF MICHIGAN, County of Cass, ss : · I, Chauncy T. Lee, a notary public in and for Cass County, State of Michigan, do hereby certify that James Sullivan, who subscribed the foregoin~affidavit, personally appeared before me and made oath that the eame was true, and I hereby certify that the said Sullivan is entitled to full faith and credit. Subscribed and sworn to before me this ninth day of December, 187 4. (SEAL,) . CHAUNCY T. LEE, Nota1·y Public. NoTE.-Attached to this instrument is the usual certificate of the clerk of the circuit ooun of Cass County, Michigan, certifying under seal that said Chauncy T. Lee is a notary in and for aaid county. [SEALJ C.H.A.'S L, MORTON, Clerk. 0 '

Winnebago Indians in Minnesota

Abstract

Extracted data

Winnebago Indians in Minnesota

Abstract

Extracted data

Related items

Related items