APPENDIX 10. HEADQUARTERS POST SOUTHEASTERN KANSAS, Montgomery County, Kansas, August 26, 1870. The Government has determined to remove all settlers and invaders in the Indian Territory, and to execute the treaty with the Cherokees of 1866. By article 27, "all persons not in the military service of the United States, nor citizens of the Cherokee Nation, are prohibited from coming into the same, or remaining on the same." All such settlers are hereby summoned to quit the limits of the Indian Territory in the shortest possible time, and all immigrants are forbidden to enter the same on penalty of removal by force. By order: J. S. POLAND, Captain Sixth Infantry, Commanding Post. APPENDIX 11. COLUMBUS, KANSAS, August 29, 1870. Hon. J. D. Cox, Secretary of the Interior, Washington, D. C. : The Osages come to council reluctantly. Their headmen say they will not consent to removal until squatters are cleared off new reservation in Indian Territory. The officer in command of troops here, by direction of General Pope, says he cannot execute General Sherman's order until he has request from Cherokee Indian agent. This obstructs the business. If General Sherman's order could be promptly executed, it would help us much. Can it be done? VINCENT COLYER. [Telegram.] Hon. E. S. PARKER: WESTERN UNION TELEGRAPH COMPANY, August 29. The Osage presents have not yet arrived at either Baxter Spring or Oswego. Where did you send them? Reply by telegraph. APPENDIX 12. VINCENT COLYER. INDEPENDENCE, August 31, 1870. DEAR SIR: I had a meeting with the people of this region in reference to that difficulty about the improvement claims. They seem sincerely anxious to settle and pay for the improvements made by settlers, and I trust you can get the Indians to agree to it, and have an early appraisal of those improvements. Good safe men, and intelligent Indians, with the umpirage of one of your number, surely will most speedily reach an amicable settlement. Hoping that all will be fully and satisfactorily arranged, VINCENT COLYER, Esq. I hope to see you on Friday. JOS. KEMP. APPENDIX 13. A proposition of the claimants to the claims now held by half-breeds on the Verdegris River, north of Independence, Montgomery County, Kansas. We, the undersigned, propose and agree that the half-breeds shall have the cash value of all improvements which they, the half-breeds, have made upon said claims. The value of said improvements to be established and fixed by a commission of six disinterested persons, composed of three white men and three Indians, or half-breeds. The said claimants agreeing further, that they will abandon all claim or right to the said half-breed claims, in case of a non-acceptance on the part of said claimant to the terms or valuation of improvements, as fixed or established by said commission of six. The said half-breeds also agreeing that they will recognize the rights of said claimants in preference to all others, if they, the said claimants, will comply with the terms fixed and adjusted by said commission of six. In case that the said commission of six shall fail to agree upon the value of the improvements, Commissioner Lang shall act as umpire. The money or security to be paid, or delivered, upon the part of said claimants, into the custody of the Indian agent, within three days after the valuation of improvements by said commission of six, to be paid or delivered over to the half-breeds as soon as the treaty of the United States Government with the Osage Indians shall be ratified, and in case said treaty shall not be ratified to be delivered or paid back to said claimants. U. H. WATKINS. APPENDIX 14. The undersigned, chiefs, councilors, braves, headmen, and others, members of the Nation of Great and Little Osage Indians, in general council assembled this 10th day of September, 1870, having heard read the twelfth and thirteenth sections of the act of Congress making appropriation for the current and contingent expenses of the Indian Department for the year 1871, approved July 15, 1870, and the same having been explained to us, and being fully understood by us, we do hereby assent and agree to the said act, and accept the same as the law, binding upon us, our children and heirs, as well as upon the Government and people of the United States. The act being in words as follows: "SEC. 12. And be it further enacted, That whenever the Great and Little Osage Indians shall agree thereto, in such manner as the President shall prescribe, it shall be the duty of the President to remove said Indians from the State of Kansas to lands provided or to be provided for them for a permanent home in the Indian Territory, to consist of a tract of land in compact form, equal in quantity to one hundred and sixty acres for each member of said tribe, or such part thereof as said Indians may desire, to be paid for out of the proceeds of the sales of their lands in the State of Kansas, the price per acre for such lands to be procured in the Indian Territory not to exceed the price paid or to be paid by the United States for the same. And to defray the expenses of said removal, and to aid in the subsistence of the said Indians during the first year, there is hereby appropriated out of the Treasury, out of any money not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, the sum of fifty thousand dollars, to be reimbursed to the United States from the proceeds of the sale of the lands of the said Indians in Kansas, including the trust lands north of their present diminished reservation, which lands shall be open to settlement after survey, excepting the sixteenth and thirty-sixth sections, which shall be reserved to the State of Kansas for school purposes, and shall be sold to actual settlers only, said settlers being heads of families, or over twenty-one years of age, in quantities not exceeding one hundred and sixty acres, in square form, to each settler, at the price of one dollar and twenty-five cents per acre; payment to be made in cash within one year from date of settlement or of the passage of this act; and the United States, in consideration of the relinquishment by said Indians of their lands in Kansas, shall pay annually interest on the amount of money received as proceeds of sale of said lands, at the rate of five per centum, to be expended by the President for the benefit of said Indians, in such manner as he may deem proper. And for this purpose an accurate account shall be kept by the Secretary of the Interior of the money received as proceeds of sale, and the aggregate amount received prior to the first day of November of each year shall be the amount upon which the payment of interest shall be based. The proceeds of sale of said land shall be carried to the credit of said Indians on the books of the Treasury, and shall bear interest at the rate of five per cent. per annum: Provided, That the diminished reserve of said Indians in Kansas shall be surveyed under the direction of the Secretary of the Interior as other public lands are surveyed, as soon as the consent of said Indians is obtained as above provided, the expense of said survey to be paid from the proceeds of sale of said land. "SEC. 13. And be it further enacted, That there be, and is hereby, appropriated out of any money in the Treasury not otherwise appropriated, as compensation to Osages for the stock and farming utensils which the United States agreed to furnish them by the second article of the treaty of January eleven, eighteen hundred and thirty-nine, and which were only in part furnished, twenty thousand dollars; and as compensation for the saw and grist mills which the United States agreed by said treaty to maintain for them fifteen years, and which were only maintained five years, ten thousand dollars; which sums shall be expended, under the direction of the Secretary of the Interior, in the following manner: twelve thousand dollars in erecting agency buildings, a warehouse, and blacksmith's dwellings, and a blacksmith shop, and the remaining eighteen thousand dollars in the erection of a school-house and church, and a saw and grist mill, at their new home in the Indian Territory." Approved July 15, 1870. Joseph Paw-ne-no-Pa-she, governor. Now-thee-wah-hee, his + mark. Ke-ni-in-cah, brave, his + mark. He-wah-hin-cah, his + mark. Wah-cur-eo-wah, brave, his + mark. O-Pau-ton-kar, brave, his + mark. War-no-par-she, his mark. War-he-gran-ne, brave, his + mark. mark. Shin-cah-woh-sah, councilor, his + mark. ISAAC T. GIBSON, United States Indian Agent. APPENDIX 15. Report of the Grand Council. SATURDAY, September 10, 1870-2:45 p. m. The council met under a large elm, on the bank of Drum Creek, in order to escape the scorching rays of the sun which shone out in all its glory. Here, in the shady grove, the Osages met to determine whether they would accept or reject the treaty passed on the 15th of July last. The vast assembly of white settlers who had gone to witness the results of the day followed Friend Isaac T. Gibson, the agent, until he stopped under the said large elm. Wa-sha-pe-sha, the chief marshal of the Osage Nation, marched in with his chiefs, braves, and headmen, who were soon seated in a semicircle around the commissioners, superintendent, and agent. When all were quiet, Mr. Colyer opened the council with prayer. Friend Hoag then said: The governor has asked me a few questions, which I shall try and reply to this afternoon: "First. Will we be protected in our homes in the south, if this treaty becomes a law?" In the treaty of July, 1866, are these words: "All persons not in the military service of the United States, or citizens of the Cherokee Nation, are to be prohibited from coming into the Cherokee Nation, or remaining in the same, except as herein otherwise provided; and it is the duty of the United States Indian agent for the Cherokees to have such persons, not lawfully residing or sojourning therein, removed from the nation." It is well known that many citizens have gone down into the nation to make homes there; and we have refused to ask you to remove to another home until we were assured by your Great Father that you would be protected in the same; and I may present you words direct from the government: "WASHINGTON, D. C., September 2, 1870. "E. HOAG, Superintendent of Indian Affairs: "Troops are in southeast Kansas, to act under direction of Agent Craig in removing trespassers from Cherokee reservation. "WILLIAM F. CADY, Acting Commissioner." I can only say, as far as I am concerned, that the Government will protect you in the same; I have the will, and as far as I have the power, I will have every white settler removed from your new home, in accordance with the treaty and order of the Government. "Second. Will our money be paid to us annually, or as we want it?" But, before I proceed, are you satisfied with the answer to the first question? You now receive the interest of $300,000, which is $15,000. This is paid to you annually, under the direction of the Secretary of the Interior. On your new home you will have your councils, where you will advise as to the division of your funds; when you remove to your new home you will have your councils; you may decide, under the advice of your agent, that you need a part of your money for educational purposes, some for agricultural, some for the support of blacksmiths, or for any other beneficial purpose, and the balance in cash per capita. I can say, your Great Father always tries to comply with your desires, and probably will continue to do so, unless you ask for something he deems injudicious, and he will have some good friends to advise with you. Are you satisfied with the answer? INDIANS. Yes. "Third. Will we have our own regulations at our new home?" I answer, yes. Provision is made in the treaties of the nations in the Indian Territory and the Government of the United States, in 1868, that all tribes in said Territory meet annually, by delegates in council, for better arrangement in the security of international, educational, and beneficial interests; and you will have the privilege, which you never had before, to have herein the benefit of the knowledge and experience of all the tribes. "Fourth. A certain amount of money is provided for our removal to our new home. Can we have that money now?" I can say, yes. You can have one-fourth of it; or if, after conferring with your agent, he considers it necessary, the one-half of the amount. But you cannot have it now, as it is in Washington; but you can have it as soon as it can be procured for you, perhaps in one month. I have now your annuities, and shall pay you off before you separate. We also have presents to give you before you separate. Your presents will amount to more than your annuities, and will consist of food and clothing; you will be furnished with blankets, calico, sugar, tea, coffee, &c., so that you need not buy anything before you get your money. Then you can tell better what to buy. ALEXANDER BEYETT, interpreter. They are afraid that the bill they are to sign and the one that is printed are not the same. COLYER. We have taken the same copy the governor had in his house, and have pasted it in this. He knows that this was printed in a book, with a great many others not pertaining to the Osages. We have taken this by itself, so that they will sign nothing else. We have said so in writing, and after I have read it, I will give it to the interpreter, and he and you all will see it is the same. This is for them to sign, so that we say: "The undersigned, chiefs, counselors, braves, headmen, and others, members of the nation of Great and Little Osage Indians, in general council assembled, this 10th day of September, 1870, having heard read the twelfth and thirteenth sections of the act of Congress making appropriation for the current and contingent expenses of the Indian Department for the year 1871, approved July 15, 1870; and the same having been explained to us, and being fully understood by us, we do hereby assent and agree to the said act, and accept the same as a law, binding upon us, our children and heirs, as well as upon the Government and people of the United States." It is the twelfth and thirteenth sections of a treaty, passed by Congress, July 15, 1870. (See Appendix 13.) So you will see that it is just the same, and is to be signed by all-every one whose name is on the pay-roll. We know it would be enough for the big chiefs, but we want all. JOSEPH PAW-NE-NO-PA-SHE, governor. Commissioners, superintendent, and our agent: I have a few words to say to you this evening. The Great Spirit made our forefathers over on the other side of the great water. Had He made us all here, we would have been all of one color; but we are not. Since then our people, the Osages, have made up with the white man and have taken him by the hand. Since the treaty of 1804 the Osages have been in peace with the white man. Every time the President has wanted it we have sold him our homes. Since then the land has been held by the white man and is all there. And what have I to show for it? Not one cent. The land that we have given to our Great Father is still there, but what we have received is all gone. My chiefs are all dead. They died without any money-died naked. I have never received anything from them for what they have taken from me. The white man has taken our timber and land. He might just as well have taken the money out of my hand. I think we ought to have received something for this. You see what I have got. Every time we raise a good horse some night it comes up missing. When we come back from our hunt our corn is all gone-nothing remaining but the stubbles. I think the Great Father should pay large money for this. The damages would amount to about $300,000. Now, you have come out to see us, and have brought out a bill for us to sign. We could not until now come to one mind. We are well pleased with the price. My people have confidence in you commissioners. One of you have promised to see the Great Father, and we hope you will. You say you have come to remove us to a new country; and I want a paper to show that I will not be imposed upon hereafter. We leave our lands in trust with the United States, and all lands not sold in ten years we will claim. The country beyond the Arkansas is not good. Nothing will grow on it as it is so poor, and we wish to have the privilege of hunting upon it. I don't like the idea of excepting the school lands, and think the Great Father ought to either pay for them or give us land in our new home in place of the lands given to the State of Kansas for school purposes. TWELVE O'CLOCK. LITTLE CHIEF. Commissioners, superintendent, and agent: I think these lands are as good as money. There is money in the land—the land is money. I want the agent and the commissioners to get our money for us as soon as possible. The Osages are not such fools as some think. There are bad men among the Osages as well as among the white men. The white people came here naked, but are now all well clothed. I think they ought to pay us the money now, as it was made on our land. They have made money on our timber, &c., by speculating on the same. I intend to live like a white man. My son lives like a white man. The white man kills the buffalo and other game upon the plains and lets it waste. When we go to our new homes we intend to make laws, like the white man, and will call it trespassing to kill our buffalo and other game. I intend to quit stealing. I do not deny but what we steal; but I am going to quit stealing, as the white man can beat us so bad that we don't stand half a chance with them. I want the white man to quit stealing from us, too. I wan't to see the white man take possession of all of this land, and crowd into every corner of it, and quit stealing from us, and then we will live in peace with each other. You have read the treaty of 1804, and know what is in it. Since that treaty was made, the Osages have never been hostile to the United States. I remember when the treaty of 1804 was made. I have been a great warrior, but I have quit fighting. Last fall some of the tribes on the plains were about to commence a war, and I was sent to talk with them. I visited them, and succeeded in making peace with them. I know the white men, living on our new homes, have cut timber and made homes there. I want them removed. The Great Father has sent to us many a time to buy our lands, and we have always obeyed him. To-day you have come to buy our lands again, and I feel greatly pressed. I remember when White Hair and the Osages made peace (in 1804) with the United States. The Osages did not get the promises of the Government. The men have all died off, and the promises died with them. New chiefs have just come into power. All the men who made the treaty for the Neoshos are dead. The promises of that time have not been fulfilled. When there were two bands there were but two |