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The removal of the Osages from Kansas

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R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
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THE TOTTERSIT! OP OKLAHOMA.
GRADUATE SCHOOL
THE REMOVAL OF THE OSAGES FROM KANSAS
A THESIS
SUBMITTED TO THE GRADUATE FACULTY
in ^stial fulfillment of the requirements for the
degree of
DOCTOR OP HTILOSOFHY
BY
DAVID PARSONS
Norman* Oklahoma
.1940
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
UMI Number: D P10109
UMI
U M I Microform D P 1 010 9
Copyright 2004 by Pro Quest Information and Learning Company.
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unauthorized copying under Title 17, United States Code.
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P.O . Box 1346
Ann Arbor, Ml 4 8 1 0 6 -1 3 4 6
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
THE REMOVAL OF THE CSAGES FROM KAHSAS
APPROVED BY
pM J,
C w U '/ T m
THESIS COMMITTEE
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
DEDICATED
TO
L BU
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PREFACE
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The aim o f t h i s work i s a d e t a i l e d , h i s t o r i c a l in v e s tig a tio n o f
th e rem oval of th e Osage Indians from Kansas*
Ho a tte m p t is made to
fo llo w th e Osages beyond tho b o rd e r o f th e S ta te o f Kansas*
The f i r s t
s e rio u s a tte m p t to remove th e Osages began in 1868, b u t a p la n f o r removal
■was n o t com pleted u n t i l 1870*
However, i t has been deemed n e c e ssa ry to
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review b r i e f l y th e developm ent o f th e id e a o f th e rem oval of a l l In d ian s
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frcm Kansas in o rd e r to show th e g e n eral background and th e developm ent of
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th e id e a as i t a p p lie d to th e O sages.
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of th e removal a c t i v i t i e s have extended beyond th e d a te 1870.
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S e v e ra l developm ents which grew o u t
These have
been ta k en up and follow ed to t h e i r co n clu sio n w ith o u t reg ard to tim e in
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o rd e r t h a t th e stu d y may b e lo g i c a l , c o h e re n t, and com plete.
The h is to r y of th e removal o f th e Osages from Kansas i s p rim a rily
a s tu d y in t r i b a l h i s t o r y .
But i t i s a ls o an im p o rtan t s e c tio n in th e
h is t o r y o f K ansas, because th e Osage re s e rv e c o n s titu te d ab o u t o n e -s ix th
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of th e a r e a o f th e s ta te *
The stu d y is a ls o o f consequence, beoause i t is
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a p a r t o f th e h is to r y o f th e g re a t Southw est, which in tu r n i s an im p o rtan t
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li n k i n th e g r e a te r c h a in of Amerioon h i s t o r y .
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The Osages were among th e l a s t o f th e g r e a t American nomads to be
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fo rm a lly removed, and t h i s in c id e n t, so f a r as most o f them were conoem ed,
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was m erely a b y -p ro d u o t o f a sem i-annual b u ff a lo hunt*
U nlike th e s t o r y o f
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m ost In d ia n removals th e r e is no " T r a il o f T ears" and no long s to r y o f
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p h y s ic a l h a rd sh ip s to r e l a t e .
These horsemen of th e w e ste rn p r a i r i e sim ply
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d e p arted from t h e i r old home in Kansas f o r a w in te r b u ff a lo h u n t and r e |
tu rn e d from th e hunt to a new home in In d ian T e rrito ry *
R iy s io a lly , th e
removal of th e Osages was l i t t l e more th a n a ohange in t h e i r camping p la c e ,
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There were probably no p h y s ic a l h a rd sh ip s accompanying -this q u eer removal
beyond what th e se s ta lw a r t, b la n k eted h u n te rs experienced in t h e i r normal
everyday l i f e .
The hard sh ip s which th e Osages ex p erien ced preceded t h e i r
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a c tu a l removal and, th e r e f o r e , c o n s titu te a p a r t o f th e theme o f th is
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n a r r a tio n .
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v e a ls m is ta k e s , i n j u s t i c e , and a d m in is tra tiv e n e g le c t.
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d isc o v e ry and n a rra tio n o f th e s e f a c ts w i l l be as d i s t a s t e f u l t o every
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Osage novf liv in g as th ey w i l l be em barrassing to th e liv in g d escendants o f
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The re c o rd of the rem oval, w h ile n o t p le a s a n t to r e o a l l , r e -
th e o ld , rugged, Amerioan p io n e e rs .
D oubtless th e
But Osage h is to r y i s n o t f o r th e
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s e n s itiv e s o u l who would avoid u n p le a sa n t f a c t s .
However, i t m ight be
s ta te d w ith p r o f i t to th e p re s e n t day Osages and to th e d escendants o f th e
w hite p io n eers t h a t , d u rin g th e p e rio d covered in t h i s s tu d y , th e Osages
w ere, f o r th e most p a r t , nomads and liv e d by th e c h a se .
The economic m otive
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and th e s p i r i t u a l stan d a rd which were supposed to c o n tro l th e w h ite men
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were n o t w e ll e s ta b lis h e d f a c to r s in th e liv e s o f th e Osage people as a
w hole.
There a re a ls o e x ten u a tin g circum stances f o r th e w h ite p io n eers
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who went in to -this re g io n a t t h is p a r t i c u l a r p e rio d , n o tw ith sta n d in g th e
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f a o t t h a t many of them seem to have had l i t t l e reg ard f o r s e n tim e n t, o r
th e h ig h e r a t t r i b u t e s of European c i v i l i z a t i o n .
I f th e read er w i l l a s s e s s
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th e conduct o f th e p io n e er i n Kansas i n comparison w ith th e a c tio n s of
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p io n e ers in o th e r s t a t e s , he w ill be m oderate i n h is c e n su re .
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th e deeds and a o tio n s of th e Kansas p io n e e rs , l i k e th o s e o f th e Osages,
T h erefo re,
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should n o t be judged according to p u r i t a n ic a l id eo lo g y .
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vVhether C h ris tia n
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id e a ls were to o f in e f o r p r a c t i c a l d a i ly u s e by th e s e t t l e r s on th e f r o n t i e r
is o f no concern in t h i s study#
The w r i t e r th in k s t h a t th e p io n e e r s , as a
c l a s s , should n o t be o r i t i c i s e d to o s e v e re ly f o r t h e i r in tr u s io n upon th e
h u n tin g and camping grounds o f th e O sages, o r f o r th e p a r t th e y played in
th e removal o f th e Osages from K ansas, because th e y w ere sim ply fo llo w in g
good h i s t o r i c a l p re c ed e n t which had i t s b eg in n in g in V irg in ia and Hew
England, and h a s , s t a t e by s t a t e , p ro g ressed to th e M is s is s ip p i and beyond.
So, in Kansas th e removal o f th e Osages was m erely a c o n tin u a tio n o f a
n a tio n a l p o lic y — a response to th e growing p ain s o f n a tio n a lis m .
In
K ansas, as elsew here in our n a tio n a l h i s t o r y , American "m a n ife st d e s tin y "
was expansion.
The purpose o f t h is stu d y i s n o t to p o r tr a y o r obscure th e "mani­
f e s t d e s tin y " o f E n glish American westward expansion o r im p e ria lism .
This
same s p i r i t o f f o r c e , w hether commendable o r v ic io u s , has had i t s c o u n ter­
p a r t in th e growth and developm ent o f a l l n a tio n s .
While th e tech n iq u e
and philosophy of th e American outlaw la n d -g ra b b e rs may have ex ag g erated
or even camouflaged th e s p i r i t o f n a tio n a lis m , i t w as, a f t e r a l l , the u n s a t i a t e d a p p e tite o f th e s e s e t t l e r s which caused in tr u s io n , and i t was th e
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in tr u s io n whioh p r e c ip ita te d th e c o n ta c ts w ith th e O sages.
Out o f th e se
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c o n ta c ts came th re a te n e d h o s t i l i t i e s whioh b ro u g h t s o ld ie r s to th e Osage
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r e s e r v e , and when a r a c i a l c r i s i s loomed la rg e enough, Congress sa n c tio n e d
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th e r i g h t o f th e in tru d e rs by removing th e Osages from K ansas.
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But by th e
P ru s s ia n lo g ic o f " h i s t o r i c a l n e c e s s ity " , c r i mi na l a c ts of a so v e re ig n
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n a tio n may be explained away.
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The th e o ry o f a b s o lu te , i n f a l l i b l e s o v e re ig n ty
may j u s t i f y any measure which a n a tio n adopts i r r e s p e c tiv e o f i t s law s,
t r e a t i e s , m o ra ls, or r u l e r s .
W hile t h i s th e o ry o f n a tio n a l p o lic y making
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may a b so lv e th e extreme n a t i o n a l i s t from any sen se o f shame, i t can have
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no stro n g su p p o rte rs among th e In d ian s who have been h e lp le s s
t
suoh a policy*
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v io tim s o f
The Q uakers, C a th o lic s , s e t t l e r s , p o l i t i c i a n s , In d ia n a g e n ts ,
s o l d i e r s , and P re s id e n ts played a p a r t , d i r e c t l y o r in d i r e o t l y , in th e
removal of th e Osages from K ansas, and -these have l e f t souroes as w id ely
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s o a tte r e d as th e y a r e d iv e rse*
Many o f th e s e reco rd s a re n o t a c c e s s ib le
to th e p u b lic and many have never been p u b lish ed o r c l a s s i f i e d .
To show
th e id io s y n c r a s ie s , o r i g i n a l i t y , and fo rc e fu ln e s s o f v a rio u s in d iv id u a ls ,
as w e ll as to promote th e id e a l o f o b j e c t i v i t y , e x te n siv e d i r e c t evidence
has been p re s e n te d .
This method h as been u sed n o t o n ly because " f iv e
indigenous words a re w orth a realm o f d e s c r ip ti o n " , b u t b ecau se i t adm irably
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re v e a ls som ething of th e d i f f i c u l t y en co u n tered when raw h i s t o r i c a l m a te ria l
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is u s e d .
This method a ls o p rev en ts fe e b le d a ta re c e iv in g an e lo q u en t tw is t
by cam ouflaging i t w ith a th ic k la y e r o f r h e t o r i c .
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I t has been w e ll s a id t h a t "when war breaks o u t t r u t h i s th e f i r s t
c a s u a lty ."
Suoh a g e n e r a liz a tio n m igjit be a p p lic a b le a ls o to th e stu d y o f
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In d ia n a f f a i r s .
fa c tu a l c o n flic t.
The reco rd s in v e s tig a te d in t h i s stu d y were n o t w ith o u t
Many o f them a re ta in te d w ith p re ju d ic e , and some a re
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la d e n w ith b i a s .
T h e re fo re , w h ile a b s o lu te t r u t h is a w orthy h i s t o r i c a l
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g o a l, i t
has n o t been a tta in a b le in ev ery in s ta n c e t h a t t h i s stu d y has p ro -
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s e a te d .
The w r ite r even f e a r s t h a t he has been in c a p a b le o f fo llo w in g th e
sim ple adm onition whioh t h a t g r e a t h i s t o r i a n , Leopold von Ranke, la id downs
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to t o l l " e x a c tly what happened.”
However, c o n f lic tin g fa o ts when s tu d ie d
c o l l e c t i v e l y may add som ething to c e r t a i n t y o r t r u t h .
T h e re fo re , to d is c o v e r
and p re s e n t a l l evidence has been th e a u th o r ’s c h ie f aim , so t h a t th e re a d e r
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m ight more n e a r ly reach a c o r r e c t ap p ro x im atio n .
C hapter V II nay a t f i r s t seem out o f o rd e r, h u t i t has been so
p la o e d , because th e m i l i t a r y o rd e r to remove w hite in tr u d e r s from, th e
Cherokee land in In d ian T e r r ito r y m 3 n o t o r ig i n a lly a p a r t o f th e p re ­
lim in a rie s f o r removing th e Osages from K ansas.
L a te r , however, th e exe­
c u tio n of th e m ilita r y ordor to remove w h ite in tr u d e r s from th e proposed
hone of th e Osages d id c o n s ti tu te a p a r t o f th e Osage removal p r e lim in a r ie s .
For t h a t reaso n C hapter V II, w ith o u t re g a rd to l i t e r a r y sequence, has been
placed where i t f a l l s n a tu r a lly and c h ro n o lo g ic a lly , b u t a b ru p tly .
S ince knowledge o f th e p e r s o n a lit ie s p a r t ic ip a tin g i n g re a t events
enhances th e in te r p r e ta tio n and a p p re c ia tio n , th e w r it e r h as
in ­
p u rp o se ly
cluded b io g ra p h ic a l m a tte r th a t m ight o th erw ise seem e x tra n e o u s.
To know
th e c h a ra c te r and a b i l i t y of h i s t o r i c a l personages sometimes re v e a ls th e
hid d en m otives aa w ell os th o se t h a t a re openly avowed.
Also t h is ad d i­
t i o n a l touch of b io g ra p h ic a l m a te r ia l should h e lp to moke th e s to r y more
th a n a d ry r e c i t a t i o n of mere a b s tr a c tio n s o r dead e v e n ts .
This in v e s tig a tio n has given tho a u th o r a broadened outlo o k upon
how a dem ocratic government and i t s people believed d u rin g th e development
and achievem ent of th e n a tio n a l in te r n a l land p o lic y .
P a t r i o t i c c itiz e n s
in a democracy, no le s s th a n in a t o t a l i t a r i a n s t a t e , have always b een , and
probably should oontiau© to bo, a chosen people in our body p o l i t i c .
And
i t was th e c o r r e la tio n o f th e s e in e v ita b le events and f a c t s t h a t has l e f t
le s s roam f o r p re ju d ic e and more room fo r th e a p p re c ia tio n o f American
h is t o r y in g e n e ra l and In d ia n a f f a i r s in p a r t i c u l a r .
I t i s hoped t h a t t h i s
v iew p o in t may be conveyed to th e re a d e r because th e red man and th e w h ite
man, now and in th e f u tu r e , m ust t r a v e l to g e th e r down th e same ro a d .
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At th e tim e th e a u th o r was in W ashington, th e " R e tire d F ile s " o f
th e O ffice o f In d ia n A f f a ir s were b ein g tr a n s f e r r e d to th e R a tio n a l
A rchives B u ild in g ,
S ince t h a t tim e th e army re c o rd s f o r th e Department
o f th e M issouri have a ls o been moved to th e R a tio n a l A rc h iv e s•
Row t h a t
th e s e re c o rd s have t h e i r f i r s t permanent hcnne, and s in c e th e o r i g i n a l f i l e
marks o r i d e n t i f i c a t i o n have been r e t a in e d , th e a u th o r f e e ls j u s t i f i e d in
in d ic a tin g where th e reoords may b e found i n th e f u t u r e , and n o t n e c e s s a r ily
where th e y w ere when th e y were u s e d .
I t i s im possible to m ention a l l persons who have a s s is te d in th e
c o lle c tio n of th e m a te ria l f o r t h i s work.
However, th e a u th o r w ishes p u b lic ly
to re o o g a ize a huge d e b t and to express h i s g r a titu d e to a few who havo
m a te r ia lly aid ed in th e p re p a ra tio n o f t h i s work.
At th e Oklahoma H is to r ic a l S o c ie ty , in Oklahoma C ity , Mrs. R e lla
W atts Looney was v e ry h e lp f u l and most generous w ith h e r tim e .
Miss L i l l i a n
Mathews, c u r a to r o f th e Osage Museum a t Pawhuska, Oklahoma, d id much to
l i s t e n th e te d io u s and p a in s ta k in g ta s k o f u sin g u n in d ex ed , r e t i r e d f i l e s
a t th e Osage Agency.
Mrs, L ela Barnes o f th e m an u scrip t d iv is io n and Mr.
IT, H. M ille r o f th e newspaper s e c tio n o f th e Kansas S ta te H is to r ic a l S o c ie ty
a t Topeka, K ansas, were both exceed in g ly e f f i o i e n t end h e l p f u l .
Reverend
F a th e r Raymond C o rrig a n , head o f th e D epartm ent of H is to ry a t S t . Louis
U n iv e rs ity , g r e a tly f a c i l i t a t e d my work th e re by making a c c e s s ib le th e J e s u it
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a rc h iv e s f o r th e Province of M isso u ri.
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To F attier Laurence J . Kenney, a
p ro fe s s o r a t S t , Louis U n iv e rs ity , I am in d eb ted f o r tr a n s la t io n s o f L a tin
documents•
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Mr. W alter L. Simpson and Mr, John M, P e rry in th e Q ffioe o f
In d ia n A f f a ir s were e s p e c ia lly k in d and h e lp f u l in e x p la in in g th e u s e o f
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th e v a rio u s agency re o o rd s .
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A t th e R a tio n a l A rchives B u ild in g Mr, Gaston L,
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L itto n m s of much o ld and a s s is ta n c e *
To th e sons o f th o l a t a Isa a c T. Gibson, A* H* and T* E. Gibson,
Pawhuska, Oklahoma, I an d eep ly in d eb ted *
They n o t o n ly Tory g ra c io u sly
p e rm itte d me to u se t h e i r v a lu a b le p r iv a te c o lle c tio n o f Osage m a te r ia l,
b u t a s s is te d in th e d e lig h tf u l ta s k of a s s o r tin g and re a d in g i t *
Both o f
th e s e gentlem en sp e n t much tim e w ith me and were e v er read y to answer in ­
numerable questio n s*
To Sidney C la rk e , J u n io r, Shawnee, Oklahoma, I am in d eb ted f o r
th e u s e o f a n o th e r e x tra o rd in a ry p r iv a te c o lle c ti o n o f l e t t e r s and papers*
Mr* C larke was u n s tin te d in h is g e n e ro s ity and co n fid e n ce .
To a f r ie n d and form er p ro f e s s o r , Dr. B e rlin B. Chapman, now a t
Fairm ont S ta te Teachers* C o lle g e , F airm ont, West V ir g in ia , I am indebted
f o r many v a lu a b le su g g estio n s on th e lo c a tio n and u se o f th e v a rio u s de­
p a rtm e n ta l a ro h iv es in W ashington, b u t more e s p e c ia lly f o r h is oontagious
enthusiasm f o r s c h o la r ly h i s t o r i c a l re s e a rc h .
Pawhuska, Oklahoma
A ugust, 1939
David Parsons*
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
TABLE OP CONTENTS
C hapter
Page
P reface . . ........................................ ..........................................
................................................x i v
L is t of Symbols
I.
II.
III.
The Genesis of th e RemovalI d e a ...............
V I.
V II.
V III.
IX.
1
...................... .... .
Tho S tu rg e ss T reaty
The S tu rg e ss T rea ty (C ontinued)
. . . . . .
22
63
....................... 101
IV. The Vann-Adair Claim
V.
iv
In tr u d e r s on th e D im inished Osage R eserve in
Kansas
.............................................
137
The Removal B i l l ..................................
162
RemovalCounoil P re lim in a rie s
191
Removal o f S e t t l e r s from th e Proposed 03age
R eserve in In d ia n T e r r ito r y . . . . . . . .
217
The Removal C ouncil
239
..........................
X. The Osages Leave Kansas
B ib lio g rap h y
................................ 266
.................................................
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285
MAJR3
Facing Fage
The G re ater Osage Domain
1
The Osage and N eu tral Lands
29
Kansas 1870
1C3
The N in ety -S ix th M eridian
206
In s p e c tio n Tour
208
P oland’s Map
224
Montgomery County
232
Gibson’s Map
263
x ii
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PICTURES
F acin g Page
W illiam S tu rg ess
23
W hite H a ir
32
F a th e rs Schoonmakers and P o n zig lio n e
37
Samuel J . Crawford
73
Sidney C larke
82
Sidney Clarke*s L e tte r
83
E ly S . P a rk e r
92
The Quaker In d ia n O f f ic ia ls
94
W illiam Penn A dair
108
Clement H eeley Vann
109
We-toah-ke-pah-nah (R acing Mon)
118
Joseph Paw -ne-no-pashe
133
Governor J o e 's S ig n a tu re
Lot M* M o rrill
193
John V. F arw ell
199
John D* Lang
200
V incent C olyer
201
John S . Poland
229
Tw elve-O 'clock
255
W ah -ti-an -k ah
258
Black Dog
261
Joseph M osier
280
x iii
j
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LIST OF SYMBOLS
AAAG
A ctin g A s s is ta n t A d ju ta n t G eneral
AAG
A s s is ta n t A d ju ta n t G eneral
AGO
A d ju tan t G eneral*s O ffice
ARCIA
Annual R eport o f th e Commissioner of In d ia n A ffa irs
to th e S e c re ta ry o f th e I n t e r i o r For th e Year
BCIM
"C"
C« C ls . R.
Bureau of C ath o lic In d ia n ills s ions
Copy
C ourt of Claims R eports
CSF
C e n tra l S uperintendenoy F il e
”EW
E x tra c t
FD
F is c a l D iv isio n
GLO
General Land O ffice
IOR
In d ia n O ffic e Records
ITW
In d ia n T e r r ito r y M iscellaneous F ile
KS.H5
Kansas S ta te H is to r ic a l S o o ie ty
LRD
Land Reoords D iv isio n
MCF
M iscellaneous Correspondence F ile
MSD
M anuscript D iv isio n
MO
M issouri
111
n a tio n a l A rchives
Q10L
Osage Agency O f f i c ia l L e tte rs
xLv
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CD
016.
OK
O ffio e r’a D iv isio n
O ffice o f In d ia n A ffa irs
Osage Museum
OED
Old Records D iv isio n
OHS
O rg an izatio n Records S e c tio n
OSES
Oklahoma S ta te H is to r ic a l S o c ie ty
PCCK
P r in c ip a l C hief Cherokee n a tio n
PFQA
R e tire d P ile s Osage Agency
RS
SEE
T e l.
WDB
Records S e c tio n
S o u th e a ste rn Kansas
Telegram
War Department Records
I
I
XV
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NOTE TO USERS
Oversize maps and charts are microfilmed in sections in the
following manner:
LEFT TO RIGHT, TOP TO BOTTOM, WITH SMALL
OVERLAPS
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UMI’
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CHAPTER I
COTS IS OF THE REMOVAL IDEA
While the Osage Indiana
were not removed from Kansas
1870} the Idea of th e ir removal had been current fo r many years#
u n t il
Hie idea
of the removal of th is tr ib e , lik e th e idea of the removal of a l l TtvH ay>«
from Kansas, was only a normal r e s u lt of the progress o f Kansas, - a oyole
a fte r statehood through which many other sta te s of the Union had already
passed*
E iis oase was only the rep etitio n of an old sto ry whiah is common­
place in the h isto ry of the West*
B r ie fly , growth and development had
again overtaken the wild American Indian, and he must again move on*
Here-
\ h e rea l
of th ese Indians is Washazho [Wah-shah-she] which
was oorrupted in to the word Osage by the Frenoh traders* These people are
Siouan in stoek, and a t some time in -the past are supposed to have co n sti­
tuted a sin g le body in combination with the Ctoaha, Ponoa, Kamaa , and
Quapaw tribes* (Frederick Webb Hodge (ed ). Handbook of American Indians
Worth of Mexico ( Government Printing O ffice, Yta'sliingfcon, 1912), Pb\> T£, p*
T S & 7 T -----------------
I t is bho w r ite r’s opinion that t ie English, and not 1510 French,
are responsible fo r the corruption of the word Wall-shah-she* The Frenoh
do not have the l e t t e r W in th e ir alphabet* But aooording to the rules of
th e ir language the Indian word wbb sp elled correctly* Obviously the French
word Osage was never tran slated in to English but merely anglicised* Hence
we ImvotKe Bnglish word Osage*
Eie Osage word "Wa-Sha-She Signify* a daring man." (Paul Mary
P onsiglione, S*J*, to General Charles Effing, Commissioner Roman Catholic
Church, May 10, 1376, in Correspondence F ile [1875-18842 , Archives, BCI1I,
Washington, D*C* For the meaning of symbols see L ist of Symbols).
^For an ex cellen t sketch of the same subject covered in th is study
see Dr* Berlin B* Chapman, "Removal of the Osages from Kansas", in The
Kansas H isto rica l Quarterly, 711 (August, 1936), 267-297.
1
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2
to fo r e , as fo r the Osages, th e procedure had ‘been reoession—a gradual
prooess of ceding se ctio n a fte r sectio n from a v a st dcmain and f a llin g
baok before the. in e v ita b le westward advance of the w hite man* But a fte r
the westward maroh o f Bnglish-Amerioan c iv ilis a t io n had ciroumsoribed the
g
Osage people w ithin the p o lit ic a l bounds of Kansas, the former prooedure
of recession gave m y to the idea o f removal*
The le g a l entrance o f the white people in to th is region dates
from the Kansas-Nebraska b i l l which organised the twin t e r r it o r ie s .
b i l l was passed and approved May 30, 1854.4
This
By im p lication , a court held
in 1859, th is b i l l repealed the Act of June 30, 1834, regulating in te r ­
course with the Indians . 5 But th is b i l l a lso s p e c if ic a lly provided that
Indian trib e s w ithin the Kansas Territory were not to be came a part o f
the te r r ito r y except by sig n ify in g th e ir assen t to the President of the
United S ta te s.
6
The rapid in flu x of the white people in to Kansas T erritory a fte r
7
the Kansas—Nebraska b i l l i s described by Dr. Peter McVioar.
He sa id that
i t was a p o lit ic a l oontest to make Kansas slave or fr e e vhioh oaused inmi­
gration to pour in from the North and the South and s e t t l e the Kansas
%oe map facin g p . 1.
^Congressional Globe, 33 Cong. 1 s e s s ., Pt. I I , pp. 1254, 1321*
Hereafter c ite d as CloVe ' 1
^McCracken v . Todd e t a l , I Kansas Reports, 148*
Ho. 538, 56 Cong. 2 T eas., I , 135, Sec. 901.
,
®10 United S tates Sta tu tes a t Large, 284.
S ta t. L.
'
House Document
Hereafter c ite d as
7j)r , jfoViear m g an eye w itness to the settlem en t of Kansa s. He
was a t one time Superintendent of Public Instruction fo r Kansas and la te r
president of Washburn C ollege.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
8
Territory more rapidly then otherwise mould have been the oase.
The white
immigration must have been rapid and exten sive, for the doctor sta ted that
by statehood (1861) every Indian reservation in Kansas -was completely surg
rounded by -shite people.
The Secretary o f the Interior had anticipated the removal of a l l
Tr)rHawn £ rm the Kansas Territory and in 1860 had expressed him self as
9
being favorable to a general p olioy of I ndian removal.
His observation
■was based upon the f a c t that such removal would be reciprocal in i t s
b e n e fits .
Ho foresaw that the Indians would thus avoid the e v il influence
o f the w hites, and that the future sta te would be saved from th e burden
...
of a pauper Indian population.
10
TCnnann yros admitted in to the Union January 29, 1861.
By the
terns of th is b i l l a l l Indians w ithin the s ta te were exp ressly exoluded
from any control or ju risd ic tio n of the s ta te .
^Kansas H isto rica l C ollection s, V (1891-1896), 69. For a
splendid weTL-Tooumented a r tic le which shows how the a b o litio n is t worked
to "Dot
with New England settlem ents” see Edgar Langedorf, "S. C.
Pomeroy and the New England Emigrant Aid Company 1854-1868”, in The Kansas
H isto rica l Quarterly, 711 (August, 1956), 227-246.
9The Bureau o f Indian A ffairs was transferred to th e In terior
Department in 1849 when that department was created. Throughout the United
S tates the Indian service was organized in to superintendenoiee which were
further divided in to agenoies for adm inistrative purposes. For a splendid
monograph on the h isto ry of th is o ffic e see Laurence F. Sohmeokebler, The
O ffice of Indian A ffairs I ts H istory, A c tiv itie s and Organization (The
^fdhns ifopkins Frees, Baltimore, 1327) •
^Annual Report o f the Commissioner of Indian A ffairs to the
Secretary o f the in te r io r fo r the Year 1666 (dovernment Frin'Sin.g tfffio e,
Was^In^on,' l 8S&), p. £• "Thereafter cited""as ARCIA.
Globe, 41 Cong. 2 s e e s ., Pt. V, p. 4167j 12 St&t» I»., 126j
Daniel W. W ilder, The Annals o f Kansas (George W. Martin, f&isas Publishing
House, Topeka, 187F)7 pp. 264T7 hereafter o ite d , W ilder, Annals.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
4
Notwithstanding the above mentioned Indian p rotective measure
taken by the United States Government, the d esire and the consequent e ffo r t
to have a l l Indians removed from Kansas began almost as early as statehood*
The year follow ing statehood the Secretary of -Hie In terior reported to
Congress that the Indians of Kansas occupied some o f the b est land in the
s ta te and, as a consequence, retarded both population and improvement*
This o f f i c i a l a lso stated th at the people of Kansas desired to have the
various Indian trib es removed from the s ta te to Indian Territory.
Senator
S. C. Pomeroy12 of Kansas a lso sen t (1862) a memorial to the Commissioner
of Indian A ffairs and to the Secretary of the In terio r.
A purport of the
Senator’s memorial, ■which was dated November 15, was that he wanted a l l
IS
Indians, e sp e c ia lly those in Kansas, consolidated in the Indian Territory.
To t h is suggestion the Commissioner of Indian A ffaire agreed, but he wanted
to w ait u n til the C iv il War was over to begin trea t negotiation s to that
end. 14
The commissioner probably did not know that h is plan of delay was
destined to bo a stroke d ie Grosse P o litic k .
However, i t i s p o ssib le that
he foresaw a t th is time th at a su ccessfu l termination of the C iv il War
might afford a so lu tio n to the problem of consolidatin g various trib e s in
Indian Territory.
At le a s t a clue to that end had been only recen tly la id
12por a lim ited biographical sketoh of th is a b o litio n is t and FroeS o ile r see Edgar Langsdorf, "S. C. Pomeroy and the New England Emigrant
Aid Company, 1864-1858,” in The Kansas H lsto rio a l Quarterly, VII (August,
1958), 227-246.
A fter the passage of the Kansas-Nebraska B ill Indian Territory
was delim ited to the bounds of the present S tate of Oklahoma* Before the
Kaasas-Nebraska B i l l Indian Territory extended t o ’ the northern lin e o f
Nebraska*
14ABCIA. , 1862, pp. 7 f, S 47ff*
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5
before him*
On September 1* ifce superintendent o f Central Superintendenoy
had w ritten that a l l the trib es under th at ju risd ic tio n had rebelled
15
s u f f ic ie n t ly to j u s t if y the abrogation o f the old tr ea ties*
After the
•war the application of the plan of abrogating tr e a tie s with the trib es that
had been in reb ellio n against the United States had great reperoussions
in Indian Affairs*
The abrogation of these tr e a tie s opened the way fo r
p ost war punitive negotiations whereby land in Indian Territory was ob­
tained by the Federal Government upon •which to colonize other Indian tribes*
This d ra stic peaoe o ffe r to the Five C iv ilise d Tribes m s d ictated by
Jamo3 Harlan when he was Secretary o f the In terio r.
This, i t is thought,
was because he favored consolidating a l l Indians ea st of the Hooky Mountains
in Indian Territory**®
L eg isla tio n fo r the removal of a l l Indians from Kansas was f i r s t
sponsored in the United States Senate by Senator James Henry Lane, who had
removed to Kansas in 1855*
to Kansas*
Like Senator Pomeroy, he had conducted emigrants
His work in th is f ie ld in 1856 must have been extensive to
m erit the phrase "Lane's army o f the north."
Senate in 1861*
He went to the United States
In th e same year President Lincoln appointed him Brigadier
General of volunteers*
P o lit ic a lly he was a Democrat, and favored westward
17
expansion and the homestead policy*
Lane shot him self through the head
*®ff* C* C offin to Charles S* Mix, September 1, 1862, in AHCIA.,
1862, p. 167.
-------16
Joseph B* Thoburn and Muriel TTrighi, Oklahoma A H istory of the
S ta te and I ts People (Lewis H isto rica l Publishing (fo*, incY,' ifew Yor?,~T?29),
T 7T §0 verso.
17
Dumas Malone ( e d .) , D ictionary of American Biography (Charles
Soribner's Sons, Hew York, 1935), X, ¥ 7 £ f. h ereafter c ite d MB'.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
on the night of July 1, 1866, and died a t nine o»clock in the morning o f
18
July 2 ,
On December 8, 1862, Senator Lane gave n o tice of h is in ten tion to
ask p eraiesion to introduce a b i l l authorising the Secretary of the
Interior to make removal tr e a tie s with the various Indian trib es then in
Kansas*
On the fifte e n th of the same month the Senator introduced Senate
B ill Ho* 413, whioh provided fo r the extin ction o f Indian land t i t l e s in
Kansas, and for the removal of a l l Indians from the state*
After a seoond
reading, th is b i l l was referred to the Indian Committee of which Lane was
a member*
Five days la te r (December 20) the Senator reported h is b i l l with
an amendment.
The Senate on January 26, 1863, upon the motion of Lane,
resolved i t s e l f into a Committee of the Whole fo r the consideration of the
b ill.
The Senator supported h is b i l l with a kind and humanitarian s e n ti­
ment.
He thought that the Indians ought to be removed from Kansaa, beoause
th eir reserves were in the midst of white settlem en ts, whioh were pressing
in upon them from a l l sides and destroying them.
the Indians wanted to remove*
I t was a lso asserted that
The Senator suggested that the removal of
the Indians in Kansas to Indian Territory could be accomplished le g a lly , be­
oause idle tr e a tie s with the various trib es in Indian Territory were voidable
on account of the part they had played in the r e b e llio n .
During the con­
sid era tio n of his b i l l . Lane presented an economic view for the white people.
He stated that when the white people improved land adjoining the Indian
reserves, the value o f the Indian lands was autom atically raised*
To
18
Telegram j George T. and Dr* Anthony to Sidney Clarke, July 2,
1866 in Letters and Papers of Sidney Clarke* A private c o lle c tio n owned by
Sidney Clarke, Junior, 729 Horth Broadway, Shawnee, Oklahoma. Hereafter
oited as Clarke Papers.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
7
th is was unsound economics, because the s e t t le r s hoped to purohase th is land
later*
However* some of the Senator's reasons fo r removal of the Indiana
•were based upon more convincing lo g ic .
wore also advanced as reasons*
Patriotism and defense of the s ta te
The Missouri g u e r illa s, Lane contended, had
been able to destroy Kansas towns by using the Indian reservations as
m ilita ry bases*
Humboldt.
In th is connection he mentioned Shawnee Town, Olatha, and
The la s t named town, he sta ted , had been destroyed tw ice.
19
^Senator Lane probably did not over emphasise the stra teg ic part
that the Osage reservation played in the early part of the C iv il War*
Bails sa r i os from the Cherokee Nation and the Confederacy made various e ffo r ts
to oreate among the Osages a s p ir it of d islo y a lty to the Union. The Neosho
Agent reported an important occurrence on the Osage reserve to h is superin­
tendent in 1861* Ee stated that John Mathews, an intermarried Osage trader,
and a notorious reb el, was ex ercisin g a great influence over the Osages.
(P. P« Elder to W. G* C offin, Sept. 30, 1861, in Sen. Ex. Poo. No. 1, 37
Cong* 2 s e s s ., I , 654). However, the Senator could have flavored h is argu­
ment with a l i t t l e personal experience* Only a few days a fte r Elder's re­
port was received, the superintendent wrote to the Commissioner of. Indian
A ffairs that "Hie ringleader, John Mathews, has, through the prompt action
of General James H* Lane already met a tr a ito r s doom." (Coffin to Dole,
Oct. 2 , 1861, ib id ) . John Hathews, the grandfather of the w riter, John
Joseph Mathears of Pauhuska, Oklahoma, was reported to have been k ille d by a
mob of so ld iers for sacking Humboldt* However, not a l l reports are agreed
th at John Mathews sacked Humboldt, or a3 to how he met h is death* Father
Paul Mary Ponziglione, a p r ie st at the Osage Manual Labor School from 1852
to the la tt e r part of the e ig h tie s , r e la te s the follow ing b r ie f and in te r e s t­
ing story of what he knew about the rebel leader* Mathews was born in
Kentucky in 1809 and migrated to Missouri in 1825. He met the Osage Indians
where the Missouri and Osage Rivers jo in , and married Mary Ann Williams who
was a half-blood Osage* He followed the Osages to Manumpa-tshi (Oswego,
Kansas) where he b u ilt a home, and opened a sto re and a blacksmith shop*
Manumpa-tshl was la te r changed to Mantze-Kako-fanwa, meaning blacksmith
town.
Later the name was ohanged again to L it t le Town. Here Mathews liv ed
and prospered u n til the C iv il War began, when unruly troops s to le and des­
troyed a l l of h is property. As a consequence, Mathews resorted to r e p r isa l,
organised a company of mixed blood Osages and according to Father Poazlglione
began to commit systematic depredations on the bordering counties of M issouri.
Father Ponsigliene s ta te s that Mathews wa3 shot by an ex-teacher
from the Cherokee Nation by the name of Burk. Burk was scouting from the
Cherokee a u th orities because a sentence carrying the death penalty had been
meted out to him. Mathews had befriended Burk, says Father Fonxiglione,
only to d ie a t h is hands* Mathews was shot near Chetopa, eight m iles south
o f L it tle Town, a t the home of Louis Rogers* The friends of Mathews had
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
8
Senators Harlan, Pomeroy, and James R» D o o little supported the
Lane b i l l .
I t m s a lso approved by the Commissioner o f Indian A ffairs and
the Seoretary o f the In terio r.
Hut the Senate Indian Committee amended
i t , giving the President tiie authority to negotiate with the lo y a l tr ib e s ,
or lo y a l portions o f the tr ib e s , then in the Indian T erritory, fo r a future
home fo r the Indiana in Kansas.
Senator Jacob Collamer, during idie d is ­
cussion o f the proposed Indian le g is la t io n , reminded the Senate that the
treaty-making power was lodged in the executive, ooupled v/ith the advice
and consent of the Senate, and that a congressional a ct was not necessary
to d ir e c t the exercise o f th at power.
N evertheless, the Lane b i l l a3
amended by the Senate Indian Committee passed the Senate January 27, 1063.
20
Hie substance o f Lane's b i l l was la te r incorporated as section s 4 and 5 in
th e ir revenge two months la te r when Burk was shot* (Father Paul Mary
Ponriglione to F. Beyle, May 12, 1885, MS., in "Western liissio n Journal,"
V III, 1 -5 , Folder marked, "IX-P77Q Writings Ponsiglione Osage", Jesu it
Archives fo r the Province o f M issouri, St* Louis U n iversity, S t. Louis,
M issouri).
Father Ponziglione is not s p e c ific but he does in fer that one
sacking of Humboldt was by Captain John Mathews. ("Osage Mission During
the C iv il War From the Diary o f Rev* Paul H. Fonziglione, S .J .n, S t. Louis
Catholio H isto rica l Review, IV (October, 1922), 219-230. I t i s tlae opinion
of the w riter that i t i s an error to r e fe r to the w ritings of Father
Ponsiglione as a diary)*
For an aocouat th at d e fin ite ly conaeots Mathews with the sacking
of Humboldt but attrib u tes h is death to the so ld iers under General Blunt
see Nelson Case, H istory o f Labette County, Kansas, From the F ir s t S e ttle ­
ment to the Close o t 1892 ('Crane'' and' ‘dfo.V Publishers, ¥opeta," 'Kansas, 1893),
pp. Zl=ZTT
The w riter has been r e lia b ly informed that John Mathews married
two s is t e r s i f i r s t Mary and la te r Sarah W illiam s. Both of these women were
half-bloods according to A rticle 5 of the Osage Treaty of June 2 , 1825*
(Charles J. Kappler (Comp.), Indian A ffa ir s, Laws and T reaties, 2 e d .,
(Government Printing O ffice, Washington, lS o 4 ], 11, 2'lflf. h ereafter oited
Kappler, Indian A ffa irs)*
20
Globe, 37 Cong. 3 se ss* , P t. I , pp. 16, 84, 415, 505-507,
527*
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
9
the general Indian appropriation 1)111 whioh web approved Maroh 3, 1863*
The exaot language o f the authority for the removal of a l l Indians from
Kansas is highly in terestin g j
Seo, 4. And be i t further enacted, That the P resi­
dent of the United States be, and i s hereby, authorized
to enter in to tr e a tie s with the several trib es of Indians,
resp ectiv ely , now residing in the State of Kansas, pro­
viding fo r the extin ction of th e ir t i t l e s to lands held
in common within said S tate, and for the removal of such
Indians of said trib e s as hold tfielr lands in oommon to
su ita b le l o c a l i t i e s , elsewhere w ithin the t e r r ito r ia l
lim its of the United S ta tes, and outside the lim its of
any s ta te .
Sec, 5, And be i t further enaoted, That the P resi­
dent of the United S tates b e, and i s hereby, authorized
to enter into n egotiation s, by trea ty or otherwise, with
suoh loyal tr ib e s, or lo y a l portions of such tr ib e s , nowresiding in the country south of Kansas and west of
Arkansas, commonly known as the "Indian Country" as may
be necessary in order to secure for the Indians of Kansas
vdio sh a ll be removed to said Indian country under the
provisions of the preoeding seo tio n of th is a c t, the
t i t l e to the lands to which they m y be so removed,21
Thus is seen not only the evolution of the d esire for the re­
moval of a l l Indians from Kansas, but a lso the o rigin of the government's
ob ligation to obtain a future home in the Indian Territory fo r the
various trib e s then located in Kansas,
When the Indian Commissioner, William P. Dole, in 1863, made h is
annualreport to the Secretary
of the In terio r, he supported to some extent
the idea of the removal o f th e Indians from Kansas by reoammending a
general plan of consolidating a l l Indians in Indian Territory and giving
h is reasons therefor.
2 1 h ,
D oc,
2g
N o,
The next year Commissioner Dole again recommended
638, 56 Cong, 2 s e s s ,. I , 473j
12 S ta t, I,. 793;
Wilder, Annals, p,
22ARCIA., 1863, p . S,
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10
concentration of the Indiana in Indian Territory.
This time he even
suggested th at when the government should make new tr e a tie s with the tribes
in Indian Territory* terns providing fo r the moving o f other Indians into
that region* be not only in sis te d upon but enforced.
The Indian Commissioner's
>
reasons fo r deeming the removal of the Indians from Kansas a n ecessity
were stated thus t
"The oorrvenienoe and comfort of the c itiz e n s of Kansas
and Nebraska* and* above a ll* the welfare* and I may almost say the e x is t­
ence, of the Indians w ithin th e ir lim its demands th at trie la tt e r should be
23
removed from th e ir present reserves• "
In 1865 the theme of removal was renewed again.
24
The Neosho Agent*
6. C. Snow, suggested th e ir removal and the new Commissioner of Indian
A ffa ir s, D. W. Cooley, rea d ily agreed* beoouse the Osages were nomadic and
had frequent c o llis io n s with the vrhito people.
The western part of Indian
Territory was now suggested as a home* in order that the Osages mi^rb be
near nature's commissary, the buffalo range.
Elijah S e lls , superintendent of the Southern Superintendency, supple­
mented Agent Snow's suggestion when he a lso reported (1865) th at the time
was ripe to conform to the new Indian consolidation p o licy by removing the
Osages from Kansas.
S ells elaborated by sta tin g that the Osages lived en­
t ir e ly by the chase, going upon two hunts a year, f a l l and spring.
He
28Ibid. , 1864* pp. 33f.
gA
For sometime f iv e tr ib e si the Senecas, Osages, Quapaws, Seneoas
and Shawnees, and the Hew York Indians, were under the Neosho Agency.
(Ib id .* 1859, 1860* pp. 169f, 120). In 1867 th is agenoy was transferred
from the Southern Superintendenoy a t Port Smith, Arkansas, to the Central
Superintondency a t Atchison, Kansas. (Ib id . , 1867, p . 22). A fter J&y 29,
1870, only the Osages were under the Neosho' Agency. (Isaac T. Gibson's
Diary, 1870* An unpublished manuscript in a private c o lle c tio n owned by
A. H. and T. E. Gibson, 607 Grandview, Pawhuska* Oklahoma). In 1874 the
t i t l e was ohanged to Osage Agency.
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11
emphasized the prim itive condition of the Osages by declaring that th eir
only weapon while on the hunt m s the tow and arrow*
I t was a lso asserted
that when the Osages were a t home, they had no annuities and, therefore,
had to resort to s te a lin g .
Because of these bad economic conditions, the
superintendent expressed i t as h is opinion that the Kansas land of the
Osages should be sold to provide annuities whereby sohools and the
25
n e c e s sitie s of l i f e might be supplied.
Probably as a consequence of the superintendent’s report, a new
treaty m s negotiated* Most of the stip u lation s of an u n ratified Treaty
26
of 18S3 wore incorporated in the Treaty of 1865, which was made at
C an ville's Trading Post, September 29.
27
The origin of th is treaty seems
to have been the w illin gn ess of the Osages to n egotiate the unratified
Treaty of 1863 which was only a restatement of a desire that they had
25ARCIA. , 1865, pp. 40, 258.
^ O rigin al manuscript in f i l e la b elled "Talks, Councils, T reaties,
1863-1898", IOR, NA; Record of T reaties, Book No. 2, (I 8 6 0 ____ ), pp. 58-64,
MS., in LRD, 0IA; Confidential Executive B, 38 Cong. 1 s e e s ., Regular
'Confidential Dooumdn'ts, U. S. Senate 38 ancT 39 Congresses (1863-TS66), No.
iffi. no. 5-14. Pagination taken /ran t!ie YotTiom of 'the pa get; SSW~KTso,
Kappler, Indian A ffa irs, 17, 1129-1132.
2?Kappler, Indian A ffa irs, I I , 878-803j 14 S ta t. L. 687 et seqj
Sen. Doc. No. 319, E& Cong. 2 s e s s ., I I , 56; Confidential"~ExecutTve S, 39
Cong." 1 s e s s »/ "Regular C onfidential Documents, . 5♦ Senate, '38 arid 3?
Congresses (186ij>-lM8), No'.' S>£, pp.* 427-433.
7aglna tio n "taken TronTYottara
of the page."’ A lso, ReconT of*T reaties, Book No. 2, (1860
) , pp. 213221, MS., in LRD, 0IA. The origin al manuscript xaay be found In "Indian
Treaties", Envelope No. 338, State Department D ivision , National Archives,
Washington, D.C.; MS., copy.in Osage Museum, Pawhuska, Oklahoma. This
tr ea ty was a lso printed in The Oswego R egister, July 2 , 1869; W. S.
Fitzpatrick (Camp.), Treaties and Yaws of the Osage Nation as Passed to
November 26, 1890 ( Pres s of’ &e"tfe^ar VaTe Cca^rr ciaT,'Ce(lar_V ale, Kens a s,
1'89 6 ), p'pT"20-27. Hereafter olted F itzp atriok , Treaties and Laws. I t was
a lso ordered to be o f f i c i a l l y published in 1867 "in' the ffopeka l&oord by
the State Department. (William H. Seward, Seoretary of S ta te , to "0. '8.
Browning, Secretary o f In terio r, February 12, 1867, Domestic L etters, Book
No. 75, p. 243, MS., in State Department Arohives, Washington, D .C .).
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12
expressed in 1862.
In both instanoes (1862, 1863) the Osages wanted to
exohange only a part of th e ir v a st reserve in Kansas fo r permanent govern­
mental a id , beoause, according to the Indian O ffice reports, they were
driven to these negotiations by poverty.
28
Out of these trea ty n egotiations came certain provisions idiioh
were transferred from the tm ratified Treaty o f 1863 to the r a tifie d Treaty
of 1865.
Both of these tr e a tie s provided fo r a diminished Osage reserve
in Kansas, the la s t step in the process of Osage recession .
But the
Treaty of 1865 went a step further than the u n ratified Treaty of 1C63 by
providing for that great even tu ality—removal from Kansas.
R elative to the p o s s ib ility of Osage removal, A rticle 16 of the
Treaty of 1865 provided that should the Osage Indians agree at some future
time to remove from Kansas, f i f t y percent of the sa le prioe of th e ir d i­
minished reserve 29 might be used to purchase su itab le land in Indian
Territory fo r a future home.
A rticle 16 further provided th a t ’’the d i­
minished reservation sh a ll be disposed of by the United States in the
manner and fo r the same purposes as hereinbefore provided in r ela tio n to
said tru st lands ......... " The tr u st land, according to A rtic le 2, was to be
30
sold fo r a d o lla r and tw enty-five cents per acre.
In 1366 the Commissioner of Indian A ffairs f i r s t attempted to
carry into e f f e c t the fed eral le g is la tio n o f 1063, which authorized the
removal of the Indians from Kansas.
He appointed a commission to confer
28ARCIA., 1362, 1863, pp. 144, 206f.
2®The diminished reserve as provided by the Treaty of 1365 con­
s is te d of 4,300,000 a cres. See map opposite p. 29*
^K appler, Indian A ffa ir s , I I , SSI, 879.
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with the various Indian trib e s then in Kansas, and in his le t t e r of in stru c­
tio n s , according to the commissioners, he sa id , "Ijy objeot is now to make a
treaty with a l l these tr ib e s and get then out of the ^ t a t e 1."
This le t t e r
a lso informed the Neosho Agent that the Osages would be allowed to send
two delegates to Washington about Januury 25, 1867, provided they possessed
f u ll power to conclude a tre a ty .
The agent was urged in the same le t t e r
to impress upon the Osages "that i t is the earnest desire of th e ir great
Father, now to make n fin a l treaty with them, fo r reasons which we w ill
31
more fu lly explain when we meet".
Apparently nothing over came of th is f i r s t attempt to negotiate
for the removal of the Osages, because in 1867 Agent Snow, in Ids annual
report, again reoommended the removal of the Osages to Indian Territory.
32
In November, 1867 the superintendent of Indian A ffairs at Atchison,
Kansas, wrote the Acting Commissioner of Indian A ffairs that in his opinion
■the welfare of the Osages demanded that a new trea ty be made that winter
whioh should provide fo r th e ir removal to Indian Territory and fo r the sale
of th eir land in Kansas.
The superintendent stated that he was prompted
to make th is suggestion, because the Osage reserve was being intruded upon
to the extent of four or fiv e m iles beyond the lin e by white s e t t le r s .
It
was further asserted that these intruders paid no atten tion to o f f ic ia ls
of the Indian O ffice and that nothing le ss than a m ilitary force would
su ffic e to keep them o ff the Osage reserve.
The le t t e r also contained the
information that the Adjutant General of Kansas load sent anas and ammunition
337 e t a l Jarot, Joseph Bogy and J. W. Farnsworth to G. C. Snow,
December 21, 1866, in MCF, RFQA, Pawhuska, Oklahoma.
sgARCIA., 1867, p. 326.
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u
to the s e ttle r s in order that they might su stain themselves on the Osage
land*
In view of th is condition, the pronounced and determined attitu d e
of the intruders, the superintendent asked for in stru ction s r e la tiv e to
making a new Osage trea ty , provided h is opinion should he concurred in by
the Indian Offioe*
Acting Commissioner Charles E* S ix , approved and recommended to
the Secretary of the Interior* 0* H. Browning, that the Osages he removed
as outlined by Superintendent Thomas Murphy fo r the good of both the
0sage3 and the se ttle r s*
Upon learning of Murphy*s suggestions r e la tiv e to the proposed
removal of the Osages from Kansas, Senator E* 0* Ross, a former a b o litio n is t
and fr e e -s ta te s e t t le r who had been appointed to suooeed Lane*
33
hastened
to add h is hearty approval in a le t t e r to the Secretary o f the Interior*
The Senator reasoned, in h is le t t e r , that as the Osages were u n civ ilised
and not ready to give up th e ir wild nomadio mode of liv in g , they should be
removed, so that there would be le ss oontact, and consequently le s s c o n flic t,
with the white people*
However, i t seems the Senator was not unmindful of
the fa c t th at the Osages held a v ast domain of about 9,000,000 acres within
the lim its of Kansas whioh he termed a barren waste and only a refuge for
outlaws*
But sifter the Osage t i t l e should have been extinguished, then the
Senator thought that the "barren waste" should be opened to the white immi­
grants who were eager to take i t .
The sa le of the Osages’ land and th e ir
removal from the s ta te afforded a solu tion to an important public question,
reasoned the Senator*
He ju s tifie d h is in te r e st in the Osage matter by
saying that i t was h is duty to h is Kansas constituents to urge a proposition
S3DAB., XVI, 176.
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16
that would add suoh a v a st and productive region to the S tate of Kansas*
34
I t seems that the Osages did not enjoy the same degree o f enthu­
siasm fo r making a new treaty*
Agent Snow informed the department, December
31, 1867, th at he was certain the Osages could not agree upon a delegation
to go to Washington fo r the purpose of making a new treaty*
Notwithstanding
th is unfavorable report of the lo o a l agent the Indian O ffioe on January 9,
1868, recommended that a delegation of Osages be authorized to v i s i t
Washington fo r the purpose of making a new tre a ty .
Four days la te r the
Secretary of the In terio r approved the recommendation of the O ffice of
Indian A ffa ir s, and on January 14, Mix, the Acting Indian Commissioner, pre­
pared an estim ate of $2,500 as the exponses of a proposed delegation -which
was to c o n sist of nine members j
the principal c h ie f , three representatives
from the Dig Osages, three from the L ittle Osages, the agent, and an in ter­
preter*
Of th is amount $790.00 was to be used for presents and contingent
expenses* 35
This was a most inopportune time fo r the Osages to negotiate a new
tre a ty , beoause eoonamic n e ce ssity was s t i l l th e ir master.
wrote on Januaiy 13, 1868, in describing th e ir condition*
Their agent
"I find th at most
of the L it t le Osages and many of White hairs town are very d e s titu te * They
are now sufferin g for p rovisions.
Thirty-nine lodges lo s t a l l they had*
From a f u l l count, sin ce a l l got in , we fin d the number o f horses lo s t by
^ T hos• Murphy to C. E. Mix, Nov* 15, 1867 j Mix to Browning, Dec*
2, 1867} Boss to Browning, Deo* 10, 1867, in H* Ex* Doc* No* 310, 40 Cong*
2 s e s s ., XIX (1345), 3 -6.
Charles E. Mix to 0, H. Browning, Secretary o f the In terio r,
January 9 , 1869, in H* Ex. Poo. Ho, 310, 40 Cong. 2 s e ss * , XIX (1345), 6 j
H. Ex. Doc. Hfe. 103,“ 4QUong. 2 seesT T xi (1337), 1 , 2f MS*, Report Book
¥o."T7,"T5ct* 26TT867 - Oct. 31, 1868), p. 81, IOR, HA*
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the Osage Indians on the plains to be 328*
got*
These they th ink the Arapahoes
36
Sanething must be done fo r these people a t onoe*n
Despite th e ir d e stitu te condition, the Osages were determined not
to make a tr ea ty a t th is tine*
Agent Snow reported on February 25 that
he had fa ile d to get the Osages, when in a general oounoil, to agree to
send delegates to Washington.
Moreover, on the question of the Osages d is ­
posing o f a l l th e ir land in Kansas, the agent*s February le t t e r m s quite
clear:
"A m ajority are opposed to making a trea ty for a l l th e ir lan d .”
®®G* C. Snow, Neosho Agent, Neodosha (temporary agency), Osage
Nation, to Tnos. Murphy, Superintendent, January 13, 1868, in MCF, RFOA.
By f a l l th e ir economic condition was reported to be even worse) ”Biese
Indians are reduced to a starving condition* Their com , pumpkins and
squashes, wore almost an en tire fa ilu r e th is year •* .* . They have traded
a l l the ponies they can p o ssib ly spare, and now the women can be seen
travelin g through th e white settlem ents trading th e ir Blankets tin-pans
and brass k e t t le s , for a fiew quarts o f corn meal or miserable l i t t l e green
pumpkins or molons* Cut o ff from the Buffalo on the west by a superior
number of h o s tile Indians and homed in on the North and east by whites who
would rejo is to see them become ex tin ct by any means; and on the South by
Indians who are frie n d ly but look on them with a great deal of suspitionj
many of them must die from starvation th is winter unless a ssisted by the
*ovenmarE.'n' (Annual Report of (Jeorge tf* Snow, Onited S tates Neosho Indian
Agent,''September 8, 1868, MS*, in ”Report F ile , RFDA, Fawhuska, Oklahoma.
This report which has been edited may be found in ARCIA., 1868, pp* 73I f .
The extreme poverty of the Oeages may be -thus explained. Then
the treaty of 1865 was concluded the government was under no ob ligation to
the Osnges. A ll annuities had ceased* A rticles 1 and 2 of th is tr e a ty , which
was not r a tifie d u n til January, 1867, re-estab lish ed fin a n c ia l aid fo r the
Osages. (Kappler, Indian A ffa ir s, I I , 878f)* A regular, semi-annual
annuity of $7,500.0$,' a'bou-k four dollars per oapita per annum, was provided
in A r tic le 1. The income from the tr u st land as provided in A rtiole 2 was
a dead le t t e r fo r a long tim e, so far as fin an oial aid to the Osages was
concerned* Congress, by Joint R esolution, April 10, 1869, provided th at
s e tt le r s upon land ceded by the trea ty of 1665 might have u n til April 10,
1871, to pay fo r th e ir claims* (16 S ta t* L ., 55) Ralph A* Barney (Comp*),
Laws R elating to Osage Tribe o f Indians from May 18, 1824 to March 2, 1929
(The flsage Prin^e'iyV H iblishers, ta ^ U 8ka, ' (iacIsiioma ol92§), p* 11 j “"The
Oswego R egister, A pril 10, 1869j Kansas D aily Tribune, Jhne 13, 1869)*
Accordingly -the 3,200,000 acres in""the' trust; land, Wiich was to be sold a t
one d o lla r and a quarter an acre, produced l i t t l e revenue for the Osages.
A fin a n c ia l statement o f the Commissioner o f the General Land O ffice to the
Acting Commissioner of Indian A ffairs on the net proceeds of the tr u st land
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17
The agent further stated that those who were in favor of s e llin g a l l th e ir
wanted to m i t u n til th e ir new hone had teen seleo ted .
Agent Snow
explained to Superihtendent Murphy that there were mans’- fa c tio n a l d iffe r ­
ences in the tr ib e , nhioh he thou g it were probably preventing the sele c tio n
of a delegation to s e l l th e ir Kansas land*
A d etailed d escription was
given by the agent of how he had tried to act as a ham onizer between the
two p a r tie s, the Great and L it tle Osages.
He reported that they had agreed
on February 12 to have a general meeting at the Big H ill town on the
tw e n ty -fir st.
Snow wrote:
"on th e 20th I went to White H air’s town, and
there learned he was not going to the cou n cil, saying ’that he would not
be dragged down to Big H ill town to a council and he had no land to s e l l . ”*
The royal house of White Hair was a t th is time ruling over the Osage nation,
but White Hair’s re fu sa l, as Prinoipal Chief of th e tr ib e , did not seen
to deter the Neosho Agent.
His report continues:
"I sta id there u n til
noon the 2 1 st, hired a team, and got most of White Hair’s leading men to
go down* After counselling two days and one night they decided not to send
37
a delegation to Washington*”
Besides being very undiplomatic, i t would seem th at the prooedure
of ignoring the head of the Osage Nation was the very acme o f f o l l y .
Clear­
l y , the p rin cip al ch ief did not want to s e l l the Osages out in Kansas, and
fo r the agent to try to negotiate without the head of the tr ib e was as absurd
shows that from. January 6, 1868 to November 1, 1870, only $18,069*23 was
availab le as a resu lt of A rticle 2 of the trea ty of 1865. ( ”Report", W illis
Drummond to H* B* Clum, Jan* 7, 1873, in Neosho F ile 1873, L191, I OR, HA)»
An Osage acoount was not opened in the Indian Offioe u n til March 22, 1870,
and then only $12,963*67 was placed to the cred it of the Osages. (Indian
Appropriation Book No. 19, f o lio 14, MS., in FD, OIA. See a lso Appropriation
Warrant No* 406, March 14, 1670, ibicfJ7
®^Snow to Murphy, February 25, 1868, in H*Ex. Doc* No* 310, 40
Cong* 2 s e s s ., XDt (1345), 9.
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18
as I t was ridiculous*
On larch 5 , Superintendent Murphy transmitted Agent Snow’s report
of February 26 to the Commissioner o f Indian A ffairs and on March 26 wrote
the Seoretary of the Interior a d ifferen t story from the report Agent Snow
had rendered to him on February 25.
Seoretary Browning was informed that
the Osages were unw illing to send delegates to Washington, beoause they
were a t war with the Cheyennes and Arapahoes, but that they were "anxious
to make a treaty with the government for the sale of th eir tru st lands and
diminished r e s e r v e
" Also that the Osages had agreed to meet United
S tates commissioners in council on April 14 for the purpose of making a
trea ty .
The superintendent then further stated that i f i t pleased the
government to appoint commissioners to meet the Osages at th is proposed
cou n cil, he thought the annuity goods, which amounted to #7,500.00, should
be shipped immediately, so as to arrive in time to be distrib uted a t the
council and thus enable the government to avoid oonforming to the custom
38
of giving presents when n egotiatin g, or holding a council with the Osages.
The above m isrepresentation by Thomas Murphy must have been w ilfu l
and m alicious.
In addition to Snow's report to Murphy on February 25, the
c le r k in Murphy's o f f ic e was inform ed on th e same day by Agent Snow t h a t ,
"Their principal objeotion
to sending a delegation to Washington was that
they did not want to run the resk of paying th e ir own expenses."
39
Nothing
^Murphy to Browning, Maroh 26, 1868, in H* Ex. Doc. No. 510, 40
Cone. 2 s e s s ., XIX (1345), 10f; Printed Records o? CourO f tKo Claims No.
258, p. 369; Snow to Lawler, (A‘ cleric "in the superintendentis o f fic e
a t Atchison, Kansas) February 25, 1868, in MCF, RFQA.
39
o. C. Snow to I . I* Lawler (clerk Supt. Ind. A f f s ., Atchison,
Kansas), Feb. 25, 1868, in MCF, RFQA.
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19
was said in e ith e r o f Snow*a report® o f February 25 about m r with the
Cheyennes and Arapahoes being the oause o f the Osages d eclin in g to send
delegates to Washington.
Snow did not report th at the Osages wanted to
s e l l "all" th e ir land or th a t they wanted to meet trea ty oomnissloners in
oounoil on April 14,
The fa o t that the department attempted to n egotiate a removal
tr e a ty a t th is tim e, when the Osages did not d esire to n»it» a tr e a ty , must
be attributed to Superintendent MUrphy,
When Seoretary Browning wrote to
the President explaining the o rig in of the removal n eg o tia tio n s, he said
th at th e negotiations were begun because of representations made to him
by the Superintendent o f the Central Superintendanoy, Thomas Mxrphy,
Senator Ross, and oth ers.
Browning a lso stated th at in add ition to the
above reasons the growth and development o f the S ta te of Kansas demanded
th a t th e Osages be removed end th e ir land t i t l e extinguished.
For th ese
reasons the Department o f the Interior applied to the President to appoint
oomniasloners to negotiate with the Osages according to au th ority oonveyed
in Section 4 o f the Indian appropriation b i l l approved March 3, 1863.^°
President Andrew Johnson on A pril 3, 1868, appointed commissioners
to n egotiate with the Great and L it t le Osages because of the recommendation
41
o f Seoretary 0* H. Browning.
I t is in ter estin g t o note th a t the authority
^ S e e p. 9*
Ex. Doe. Bo. 310, 40 Cong. 2 s e s s ., XIX (1345 ) 2 , 11. The
inform ation”oonEainecT in th is document was in response to a House resolution
o f June 1 , 1868, requesting the President to in fo m them by what authority
and fo r what reason the Osage reservation of eigh t m illio n aores was to be
transferred to the Leavenworth, Lawrence, and Galveston Railroad Company.
(Browning to the President, June 9 , 1868, MS., Beoord of L etters Sent
(Secretary o f the In te r io r ), Indian Misc. fool: Bo. 8, (1863-70), pp. 82 f.
I OR, HA} MS., Letter Press Book (Seoretary of In te r io r ), March 6, to Aug.
24, 1868/ “p. 297, IOR, HA.
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20
quoted by the Secretary of the In terior requesting the appointment of the
commissioners is not the same as that quoted by the President*
President
Johnson's commission readst
Nathanial C* Taylor* Commissioner o f Indian A ffairs*
Under authority conferred by the Sd section of act of
Congress approved February 27* 1851* r e la tiv e to the
n egotiation of Indian Treaties* you are hereby designa­
ted and appointed a commissioner, J o in tly with Thomas
Murphy* superintendent of Indian A ffairs for Central
superintondenoy* Albert G. Boone, sp ecia l Indian com­
missioner to locate Indian lands, and George C. Snow*
United States Indian Agent* as ccmmissioners to nego­
t ia t e a trea ty with the Great and L it tle Osage tr ib e
of Indians.^2
I t should be observed also that the President's commission included no
instructions ~
only a general duty was designated*
Ten days a fter the President appointed the commission, Sidney
Clarke,
43
congressman from Kansas,
44
wrote the Commissioner of Indian A ffairs
r e la tiv e to the future removal negotiations*
While Clarke favored the re­
moval of the Osages, he made some general suggestions which he thought ought
to be incorporated into the forthcoming removal treaty*
An appeal for the
s e t t le r s was made by reminding the Commissioner of Indian A ffairs that the
^Johnson to Browning, April 3* 1868, in H. Ex. Doc. No* 310, 40
Cong* 2 sess** XXX (1345), 11*
^ o m in Massachusetts in 1831* removed to Lawrence* Kansas, in
1854, and served in three Congresses, the 39th, 40th and 41st or from torch
4, 1865,to torch 3, 1871* He removed to Oklahoma in 1889, and died in 1909.
(Biographical Direotory o f the American Congresses, 1774-1927 (Government
Printing O ffice, Wa,8hing:Eoh, T9?8) , p. 818)* For”a "good" "feature sto ry and
biographical sketch see Alvan Rucker, "The Good We Do — The Story of Sidney
Clarke”, in The P a lly Oklahoman, June 2, 1929*
^The a ct admitting Kansas t o statehood provided fo r only one congress­
man* (12 B tat* L*, 127)*
This arrangement held u n til 1872* (Noblo L.
Prentis, A History of Kansas (Published by Caroline E* Prentis, Topeka,
Kansas, 1504), p * !4 ? )•
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21
hardy pioneers on the (te&ge land were reoent defenders of the government
and as such should be protected frcrn a l l systems of land monopoly.
The
Kansas representative did not object to a railroad company buying the Osage
land, provided i t was immediately opened to the s e ttle r s a t the govern­
ment preemption p r ic e, a d ollar and tw enty-five cents per aore.
Clarke
estimated th at the Osage land oould be bought for $1,500,000 or $2 , 000, 000,
and deolared h is b e lie f that the difference between th is price and what i t
45
would bring under the preemption law would build a railroad.
Sidney Clarke's le t t e r i s important for two reasons.
He must have
had in fo im tio n th at a railroad company was going to be the probable pur­
chaser of the Osage reserve.
This early stand for the s e tt le r s was only
in d ica tiv e o f a future p o lit ic a l battleground upon which the combatants in
Congress were to take th e ir respeotive places as soon as the Osage removal
trea ty should be consummated and taken to Washington.
^C larke to Taylor, April 13, 1868, in IT. Ex. Doc. No. 310, P t.
I l l , 40 Cong. 2 s e s s ., XIX (1345), 27j Globe, 47 Cong.’T ’se ss .fT E . IV,
p . 3263.
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CHAPTER II
THE STtJRGESS TREAT!1
Before President Andrew Johnson's commission, which had teen
appointed on April 3, 1868, l e f t Washington to negotiate with th e Osages
r e la tiv e to th e ir removal from Kansas, the Commissioner of Indian A ffairs
had anticipated the government's ob ligation to obtain another home for
them.
He had w ritten to the Cherokee delegation which was in Washington
at the time and which was the o f f ic ia l representative of the Cherokee Nation.
The substanoe of h is le t t e r was that he wanted to buy 600,000 acres of
Cherokee land in Indian Territory, west of the n in ety -six th meridian, as
■^•The name Sturgess, which i s often seen sp elled Sturgis or Sturges,
was taken from William Sturgess, a Chicago banker and member of the Chioago
Board of Trade, who was president of the Leavenworth, Lawrence, and Galveston
Railroad Company from 1866 to 1870. ("William Sturges", Reference Report
from I ll i n o i s State H isto rica l Library, S p rin gfield , I l l i n o i s , August 3,
1939, enclosure in Paul M. Angle to David Parsons, August 4 , 1939, MSS; in
a fo ld er marked "Parsons Osage L etters", Osage Museum, Fawhuska, Oklahoma;
Kansas H isto rica l C o llectio n s, XVI (1923-1925), 772; Daniel W. Wilder, The
Xnnals o f Kansas ((Jeorge ¥ • Ik r tin , Kansas Publishing House, Topeka, Kansas,
IS7F77 P."OTJT
This railroad was f i r s t chartered in 1858 as the Leavenworth,
Lawrence, and Fort Gibson Railroad Company. By an a ct of the Kansas le g is ­
lature in 1866, the name was changed to Leavenworth, Lawrence, and Galveston
Railroad. In the some year "Some d if f ic u lt ie s and unpleasantness having
arisen a new board o f directors and a new p resid en t, Mr. Yfm. Sturgess, were
elected on Dec. 21". (The Atohison, Topeka and Santa Fe Ry» Co. — Eastern
Lines, H isto rica l Information Compiled to A s sis t in the Determination of
lengths of Construction Periods - - LeavenworSi, 'Lawrence 'and GalvestonTTailroad Co., Lawrence to C o fle y v ille , life'., in Engineering tfivis'ion,' F ile 2114-F,
YEO./TFopelca, Jan. THo, lM # , Job # TF6, Sheets 1 and 2 of 6, General O ffices,
Topeka, Kansas. The blue print from which th is information was taken may
be found in a fo ld er la b elled "Parsons Osage L etters", Osage Museum, Pawhuska,
Oklahoma).
22
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Courtesy The Grafton Press,
Jlovr
York
William Sturgess
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23
a future homo fo r the Osages*
On April 10 the Cherokee delegation rep lied ,
"We see no objection to the Government se le c tin g in oampaot form, for the
Osage tr ib e , 600,000 aores, o f said domain, paying therefor such priee
2
per acre as m y be agreed upon with the undersigned — .
She general authority fo r s e t t lin g frien d ly Indians on Cherokee
land -west of the n in ety-sixth meridian had already been seoured to the
United S tates Government by A rticle 16 of the Cherokee Treaty of 1866.
3
The Osages had already promised in A rticle 16 of th e Osage Treaty of 1865,
th at i f they should ever agree to leave Kansas, they would remove to the
Indian T erritory .4
But undoubtedly the favorable reply from the Cherokee
delegation was d e fin ite ly responsible fo r the fa o t Cherokee land was to be
considered, fo r the purpose of future n egotiation s, a prospective home fo r
the Osages, beoause the United S tates Government had a sim ilar trea ty righ t
During the presidency of Sturgess, and under h is supervision, a
tr e a ty -sa le was negotiated whereby the Leavenworth, Lawrence, and Galveston
R a ilro a d Company was to become the purohaser o f the en tire Osage reserve•fcion and the Osages were to be removed from Kansas* This organisation seems
to have been very a ttra c tiv e to the Sturgesses. Besides William the
p resid en t, Frank, Buckingham, and Shelton SturgesB were d irectors. (F. L.
Sturgess to W. L. Ingham, March 22, 1939, Santa Fe Station F ile 1939,
Q-22026, Pawhuska, Oklahoma* T h e s e men were brothers. Ebenezer Buckingham
(Comp.), Solomon Sturees and h is Descendants A Memoir And a Geneolo^r (The
f r S t o n f t w , He. yorirO T J P T p. 55').'• T B m w W r g n g of this oK pter,
"The Sturgess Treaty". I t i s frequently alluded to as The Drum Creek
Treaty", presumably because of the place where the tr e a ty was negotiated.
Some references were found in whioh i t w»3 denominated "The Railroad Treaty .
2Lewis Downing, PCC1J, and H. D. Reese, Chairman Cherokee delegation,
to H. G. Taylor, April 10, 1868, in Cherokee F ile 1868, D1055, IOR, HA.
For the meaning of symbols see L ist of Symbols.
^Charles J. Kappler (Comp.) , Indian A ffa irs, Laws and T reaties, 2
e d ., (Government Printing O ffice, Washington, 1904), I I , 947.
4
•
I b id ., 881.
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24
with other trib e s in Indian Territory.
Certainly the Osages could have
been s e ttle d on other Indian land in Indian Territory, but the sp e o ific
proposal o f lo ca tin g them on land that belonged to the Cherokees, and the
Cherokee delegates ’ agreement th ereto, f u lf i l l e d th e preliminary require­
ments of A r tic le 16 o f the Cherokee Treaty of 1866, whioh stip u la ted th at
should any Indians be s e ttle d on Cherokee land in Indian Territory west
of the n in ety -six th meridian, they should be "friendly”.
In consequence
of th is proposal from the Commissioner of Indian A ffa irs, the Cherokee
delegates assumed to speak for the Cherokee Nation and seemed to understand,
from the tone of the above l e t t e r , that the United S tates Government would
speak fo r the Osages, Undoubtedly no further preliminary was necessary in
5
order to begin d irect negotiations with the Osages fo r th e ir removal.
The Commissioner of Indian A ffa ir s, N. G. Taylor, f i r s t planned
to hold the removal council a t the Catholic Osage Mission about A pril 25.
The trea ty commissioners were instructed on April IS (ju st ten days a fte r
5I t is not known to the w riter whether these Cherokee delegates
of 1868 were the ones that were appointed and instructed in November of
1366 a fte r the Cherokee Treaty of July 19, 1866, had been oonsmrmted.
That fa c t i s beside the p oin t, but the a ttitu d e o f the Cherokee Nation, a t
that tim e, i s highly in ter estin g . The Cherokee Mation instructed i t s
Washington delegates in 1866 to "bring to a e a tisfa o to iy settlem ent a l l
business of the Cherokee Nation with the Government o f the United States
and Secure the fu lfillm e n t of a l l business f a llin g under th e provisions of
the Treaty of JUly 19, 1366." This act of the chf okee^ ^ 1^ ^ ith
further shows that the Cherokees were not averse to negotiatin g e ith e r with
the United S tates Government or with the various Indian wribes. The act
further instructed the Cherokee delegates "to make necessary arrangements
with the Government of the United S ta te s, or with any Tribe o r l r i b o s o f
Indians d esirin g to s e t t l e in the Cherokee Country, for the s e ttle m e n to f
the seme, to consult with them or make needful arrangements, subject to
the approval o f the United States and the Cherokee Council.
(Act of the
Cherokee National Council approved Nov. 2, 1866, JB.» in Folder X H -lo ,
Frank H x illip s C ollection , a t th e U niversity of O^thoma, Borman,
Laws o f the Cherokee Nation Passed Durmag
Years 1S39-1367 (OewpileJ_
^yTuWorTEy of & e National Council, liisso u ri Democrat P rin t, S t. Louis,
1863), pp. 134f)•
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25
appointment) to assemble a t that plaee not la te r than May 1.
The Neosho
Agent -was direoted to n o tify the ch iefs and principal men "to be present
6
a t or near the Mission by the time the commissioners . . . . arrived."
!flie o f f i c i a l records of the P resid en t's commission reveal the dayby-day progress of the n eg o tia tion s.
Arriving a t "Camp Chetopah" May 10,
1868, the President's commission organised i t s e l f by unanimously choosing
If. G* Taylor president, and se le c tin g A. N. Elaokledge to be the secretary*
Camp Locust Grove was f i r s t selected as a s i t e fo r the oounoil meeting,
but was soon abandoned because i t was found to be too w et.
The commissioners
then selected a council ground and camp near the mouth of Drum Creek, whioh
7
place m s ca lled Drum Creek Springs*
At th is oamp, which m s near the junction of Drum Creek and the
Verdigris River, on May 14 the commission met fo r business for the f i r s t
time*
A ll members were present except Neosho Agent G. C. Snow.® At th is
meeting a sohedule fo r future business m s adopted.
The commissioners were
^Taylor to Snow (Baldwin C ity ), April 13, 1868, in MCF, RFQA,
Pawhuska, Oklahoma.
?Dr. Peter McVicar, State Superintendent of Public Instruction, was
present a t the council and described the s i t e as a "beautiful spot". The
surroundings must have Men unusual for the doctor described the place as
"a grove of young and th r if t y fo r e st tr e e s , with an outlook on a most f e r t i l e
v a lle y , forming an oasis of luxuriant grasses and wild p rairie flowers."
"There", wrote the dootor, "were gathered the ohiefs of the Osages, with a
retinue of in terestin g follow ers
" (Kansas H isto rica l C ollection s, V
(1891-1896), 6 9 f)•
Another eye witness a t the council gave h is impression of the
council as he fir B t saw it* "When we reaohed th e plaoe appointed fo r the
trea ty we found Commissioner Taylor & h is aids on the ground with an escort
of about th ir ty TJ* S* S old iers under the oanjnand of a Lieutenant
"
(Statement of J. (jo a b j Spencer, "Osage Indians", in ISD, ESHS).
^According to Dootor McVicar, W illiam Sturgess was a lso present.
(Kansas S isto r io a l C o llectio n s, V (1891-1896), 69).
.
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26
to hold a meeting among themselves every morning a t nine and a t twelve
o’clook of eaoh day they were to take up th e ir business with the Osages*
At th is meeting the commission a lso provided rations fo r 1*000 Osages for
9
f if t e e n days*
Besides arranging th ese prelim inaries the co m issio n a t th is
meeting took up same regular b u sin ess.
Dootor Peter McTicar appeared and
requested that section s six teen and t h ir ty -s ix of each townships in the
Osage reservation be reserved to the State of Kansas fo r public school pur­
poses*
This request was f ile d for further co n sid e r a tio n .^
I t was taken
up -the next day and postponed in d efin itely *
At the second meeting of the commission (May 15)* the provisions
of a trea ty were f i r s t discussed*
Colonel C. YT* B la ir, president of the
M issouri, Port S co tt, and Santa Fe Railroad Company, appeared a t the second
meeting and requested that his company be allowed to purchase one-third
of the Osage reservation a t the same prloe and on the same conditions as
those that should be accorded the Leavenworth* Lawrenoe* and Galveston.
9The report further shows that from time to tin e these rations had
to be supplemented. Twenty-six beeves were authorised on the tw en ty -first,
and on the tw enty-third, forty-two saoks of flo u r were added.
^O nly a few days before, at Humboldt, Kansas, Doctor -fcv'icar had
obtained a promise from Sturgess and Commissioner Taylor, that the proposed
treaty would reserve to Kansas seotions six teen and th ir ty -s ix fo r public
sohool purposes. (Kansas H isto rica l C ollections, V (1891-1896), 70), The
adoption of the dootor’s request' would have benefited Kansas to the extent
of about 500,000 aores. The dootor1s request was based upon the principle
that Indian land, a fte r cession to the government, beoame a part of the
public domain and as suoh* was subject to the lawB o f Congress a ffectin g the
same*
11
The w riter wonders, and the reader may a lso , how Colonel B lair knew
at th is stage of the negotiations what railroad company was going to be per­
m itted to purchase the Osage reservation* Obviously, i f the d ecision had
been made a t th is time, the negotiations so fa r as the s a le of the Osage
land was concerned, were both a fraud and a farce*
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27
The president o f the M issouri, Port Soott, and Santa Fe promised the
commission, in order to drive home h is bargain, that I f h is request m s
granted, he would use h is influence with the Osages to get them to sign
the trea ty ;
otherwise he would do a l l he could to keep the Osages from
signing the proposed trea ty .
On the sixteen th Father John Sohoenmakers
commission regarding the proposed trea ty .
12
m s interviewed by the
He was present by in v ita tio n ,
but what h is opinions were on trie proposed trea ty is not revealed by the
o f f ic ia l report o f the commission.
Colonel E lair appeared again on the eighteenth and made a dual
proposition.
This time, on behalf of h is company, he offered $2,000,000
fo r the entire Osage domain, which included both tho truat land and the d i­
minished reserve.
His seoond proposition was an obvious e ffo r t to reach an
agreement with the c o n flictin g in ter est of the other railroad.
He proposed
to compromise h is in te r e st by o fferin g to lim it h is purchase to only onethird o f the Osage reserve.
The commission disposed of th is o ffe r by f ilin g
i t fo r future consideration.
At the afternoon session of the eighteenth, Commissioner Taylor
made a long speeah to the Osages.
He gave a summary of -tho forthcoming treaty
and took occasion to admonish the Osages to s e t t le down and to go to work.
He based h is advioe upon the fa o t that the game was f a s t disappearing.
Then
as a solu tion fo r d if f ic u lt ie s which -the Osages were having in Kansas, the
**Tiev. Father John Sehoenmakers, S .J ., the founder and superior of
the J esu it Osage Manual Labor School which was established in 1847 on the
Osage reservation. For a aplended h isto ry of the organisation and operation
of th is school see S iste r I&ry Paul F itsgerald, Beacon on the Plains (The
Saint ISary C ollege, Leavenworth, Kansas, 1939).
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38
Commissioner of Indian A ffairs recommended that they s e le c t a new home in
Indian T erritory.
On the nineteenth* aocording to the minutes* the provisions of the
proposed trea ty were again considered and disoussed.
On. the tw entieth, Commissioner Taylor rep lied to Colonel B la ir's
dual o ffe r of the eighteenth, saying*
"I am instructed by the commission
to reply that fo r various reasons sa tisfa c to r y to i t , neither of your
propositions are accepted."
The treaty was read f u lly a t the council on
the twentieth and then given to the United States Osage in terpreter,
Alexander B ey e tt,13 to tr a n sla te .
At th is sessio n i t was announced by the
commission th at a l l future sessions of the oouncil would be p rivate.
I f the minutes of the commission are credible* the tw en ty -first
was a very important day.
A preamble and a resolution were framed to guide
the commissioners in th e ir future negotiations with the Osages*
The public
in te r e st of the United S ta tes, the welfare of Kansas, and the in te r e st of
the Osages were to determine the oourse of future d elib era tio n s.
and worthy id ea ls were very soon put in to execution.
These high
So soon, in f a c t, that
i t seems they were ea p eo ia lly created fo r the occasion.
I t was on th is some
day that the commission decided to permit the Leavenworth, Lawrence, and
Galveston Railroad Company to purchase the en tire Osage reservation.
Tlie twenty-third of May m s speooh-raaking day.
The Osages had had
the trea ty under consideration fo r three days and were now ready to taUc.
^ B ey e tt was bom a t Grand S a lin e. Ho became the o f x ic ia l Osage
in terp reter April 1, 1865. His salary was four hundred d ollars a 7J***
("Retort o f Employes in the Heosho Indian Agency For the F ir st Quarter 1867 ,
US., in Report F ile , RFQA). He was a half-blood Osage and a former student
oE the Osage Manual Labor School.
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w
i
'
■
I
j
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29
Fop th e Osages spoke Twelve o ‘olook, Chetopah (Chetopa), Hard Rope, No-pah-*
'
1
wah-la (Nopawalla), Big ,Elk, Wah-ti-um-ka (Wah-ti-an-ka£)* K ou-e-ce-gla,
■
*■
TJah-ho-tah-she, Drum, IKhite Hair, Forked Horn, No-kah-kah-he, and one
other vJhose name t i e secretary oould not g et.
Taylor, llurphy, and Boone
spoke fo r the United S tates Government.
An analysis of the speeches of t i e Osages reveal* that stress was
placed on back claims and u n fu lfille d promises growing put of the Osage
Treaty of 1865.
Almost nothing was said about the proposed treaty then
under consideration.
Even the old c h ie f, White Hair, missed the p oin t.
The sentiment of the Osages was that former treaty promises should be f u l­
f i l l e d before making new ones, and that the annuities which were "to la s t
as long as water ran in the Neosho" should#.be paid.
From th e ir speeches,
i t appeared very clea r that the Osages attended the council to get former
trea ty ob ligation s f u lf i l l e d rather than to make a new trea ty .
Hie only
s p e c ific reference to the proposed Sturgess Treaty was made by Forked Horn,
and th at was unfavorable.
White Hair, and saids
He spoke immediately a fte r the Prinoipal Chief,
"They do not wish th eir oh iefs to make,any suoh
trea ty as they have made, and when you hand out the pen he [White Hair]
dont want them to touch it ."
When Taylor, the Commissioner o f Indian A ffa irs, spoke, he admitted
V
the wrongs of former tr e a tie s , but in siste d that the way to correct the
wrongs was to make a new trea ty .
F igu ratively, Taylor took the Osages upon
the mountain*
He promised them a b etter home in Indian Territory for
14
f if t e e n oents per acre
and pockets f u l l of money i f they would sign the
t
^When th e treaty was f in a lly concluded A rtio le 14 provided that
tw enty-five oents should be t i e pric^ of th eir hog© in Indigji T erritory.
(W. 3* F itzp atrick , Treaties and Lefts of Osage ■jjatipn as Passed to November
26, 1890 (Press o f the Cedar Tale ^'oanmeroi’a l , Cedar V ale, Klahsas, l¥9S ),
p. #&’• ""Hereafter cited F itzp atrick , Treaties and Laws).
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30
tre a ty .
He pictured a Utopia — ifceir future otsnfort and -well-being.
He
explained to thorn that they would have about $14500*000» idiich would y ie ld
$75,000 aa annuity, to be paid semi-annually.
high o ffio e of President was invoked.
Even the influence of the
Ho told the Osages the Great Father
would be sad i f they did not sign tho trea ty and would think that the Osages
could get along without him.
The Commissioner of Indian A ffairs must have
made a h istr io n ic presentation.
He drifted from argument and persuasion to
throats and coercion in h is endeavor to influence the w ild , copper-tan
nomad3 who were gathered around him.
Ho took occasion to mention to the
Osages that th eir provisions for the la s t three months had not cost them
anything, but added that i f the Great Father should became displeased, he
might not send any more su p p lies.
The commissioner also conveniently re­
minded his bronze-bellied liste n e r s that they were then at war with the
Arapahoes, who wore at th at very time blockading the Osages from th e ir s t a f f
of l i f e —the b u ffalo.
The inference 7/as quite clea r.
The Osages could sub­
mit to the wishes of the President by signing the trea ty and as a consequence
continue to receive provisions, or they could fig h t the Arapahoes to obtain
access to the buffalo range.
Taylor not only counselled that the signing
of the proposed treaty was the greater part of wisdom, but requested h aste,
so that the Osages m igit make a ohoice se le c tio n fo r th e ir future home in
Indian Torritory before other trib es should have taken the b est land.
S u p e rin te n d e n t Murphy in h is speech, told the Osages that i f they
would sign the treaty, the commission would go a t once and make peace between
X5
the Osages and the plainB Indians.
The oomnis s i oners were s p e c if ic a l ly
remark.
15Cf . , the P resid en ts commission to the commissioners with th is
SeUTp. 20.
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lim ited to the Osages in th eir n egotiation s, and th erefore, Murphy ■was
obviously, n eed lessly , and w illf u lly m isrepresenting the oosnmis s io n ’s power
i f not i t s irrbent.
Chief White Hair, during h is ta lk , had requested the
16
commission to look a fte r h is children,
Murphy answered th is request by
saying:
"If you w ill come lik e men and make a tre a ty , we can help youj
but i f you do not, we can do nothing fo r you.**
Colonel Boone »b speech m s blunt but s p e c ific and clear*
to the Osages:
"You now have your choioej
He said
you can s e le c t from the rich
land in t i e Indian Territory, or you can fig h t the p lain s Indians."
These speeches d e fin ite ly reveal the a ttitu d e of the treaty commiss­
ioners a t the time that the Sturgess Treaty was referred to the Osages.
It
was in th is unfavorable atmosphere that Chief White Hair told the commission
on the twenty-third that the Osages would consider the trea ty .
When the council closed on the twenty-fourth, an eventful day for
the commission had expired.
The Osages had refused to sign the treaty,
but the commissioners had retrieved th eir defeat by obtaining a further con­
sid eration of the trea ty .
The Osages were persuaded to leave the matter of
rejectin g or accepting the trea ty in the hands.of a Committee of Twelve,
councellors and braves, instead of the time-honored execu tives—the c h ie fs.
This s h if t in the executive power of the Osage Nation was obviously an in­
novation in tr ib a l affairs*
However, on the same day that the change was
made the Committee of Twelve submitted a proposition "which was a v ir tu a l
rejectio n of the trea ty , because they only offered to s e l l another str ip
from th e ir Kansas land.
■^As prinoipal c h ie f he was in terested in the general welfare of
h is people and probably meant when he used the word "children" the en tire
tr ib e .
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Courtesy Haverford College
W iite Hair, principal c h ie f of the
Osage Nation from 1862—1869.
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32
Bio gloom of the twenty-fourth must have been unuBual to cause
Superintendent Murphy to express the opinion that, i f the Osagesi were not
going to sign -the trea ty , i t was time to d istrib u te the annuity goods and
go home*
Negotiations must have been carried on a fte r the minutes were
olosed on the twenty-fourth, because on the tw en ty-fifth the council wont
in to session fo r the purpose of signing the treaty*
The commissioners were
to sign f i r s t . , ' Once again the Osages refused to cooperate*
From the re­
marks of Superintendent Murphy on the tw en ty -fifth , i t is revealed that
*
the trea ty had been explained to the Committee of Twelve on the twentyfourth, and that they had agreed to sign i t , but, before the sessio n o f the
tw e n ty -fifth , they had again changed th e ir minds*
At th is impasse, the commission experienced some b r illia n t Osage
oratory*
p o in t.
Jos-Pah-Ne-O-Ne-Pah-she
17
spoke b r ie fly but to a very d e fin ite
I
He said he was opposed to s e llin g more land and stated th at th e ir
liste n in g to the advice o f the Great Father had already oost the Osages a
great deal of country and had brought on the deplorable condition in which
they then found themselves*
Undoubtedly, th is Osage, who seems to have had
a keen mind and sharp ea rs, made a la stin g impression on the commission as
he prooeeded to point out the f u t i l i t y of Indian trea ties*
He aptly applied
v it r o l when he reminded the commissioners that instead of protecting tho
Osages as provided by tre a ty , they had told them that they would be un­
protected;
and that instead of removing the intruders they had come for
more land*
■^Probably Joseph Paw-ne-no-pashe, who was a former student a t the
Osage Manual Labor School and la te r governor o f the Osage Nation*
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
I t mas a lso on th e tw en ty-fifth that Colonel B lair made an attempt
to break down the seoreoy whioh the commission had invoked.
He re-submitted
the o ffe r of $2,000,000 for the en tire Osage lands and gave in d e ta il the
provisions of a proposed treaty in behalf of the Id ssc u r i, Fort S o o tt, and
Santa Fe Railroad Company*
The oolonel further requested permission to
lay th is proposition before the Osages in oouncil assembled.
On the twenty-sixth Commissioner Taylor rep lied to Colonel B la ir’s
o ffer of the tw en ty-fifth in such manner as to in d icate that any further
e ffo r t by Colonel Blair m s u seless*
Taylor’s le t t e r in part readst ( i j
"submitted your le t t e r to the commission, i t instructed me, unanimously,
to respond fo r th is commission, having been appointed and commissioned by
the President to treat with the Osage Indians, has no power, to tran sfer
that authority to oth ers, nor any d isp o sitio n to do so* ?.re have pleasure
in adding that present in d ications are e n tir e ly favorable to a successful
termination o f our labors *11
I t seems that the Osages did not again decide to sig n the trea ty
u n til the twenty-seventh, the la s t day o f the oouncil*
For that day the
minutes reveal that the oouncil opened for "further explanation o f the
trea ty and the signing o f the same*"
The two d iv isio n s o f the Osage tr ib e ,
Big and L it t le , were to sign the treaty acoording to th e ir individual c la s s i­
fic a tio n s*
The treaty was duly exeouted on May 27, 1868*
At Ottawa, Kansas, on May 30, the President’s commission held i t s
la s t meeting*
There Superintendent Murphy was instructed to s e l l a l l exoess
provisions and camp equipment.
2
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18H. Ex. Doc. So. 310j Ho. 310 P t. IIj Ifo* 510 Pt. I l l , 40 Cong.
s e s s ., x fS (T54ETJ7**ot passim. The TirsT”parE o fT h is document has eleven
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34
The cost of th is treaty-making expedition was $14,986*56. Of th is
19
amount $5,006.20 was fo r presents to the Osages
and $9,962.36 was fo r
the expenses of the commissio n .
20
Commissioner Taylor deeoribed the treaty negotiations in h is
o f f i c i a l report o f June 10 by writing*
"After f u l l fr e e and frequent con­
su lta tio n and d iscussion among themselve$ and with the Commissioners--and
a fte r ample d elib eration fo r more than two weeks in which a l l the leading
men ohefs [ s i c ] and braves participated a treaty was concluded on the 27th
day of May
21
On the provisions of the Sturgess Treaty
the Taylor report sta te s
that th e trea ty provided fo r the extinguishment of the Osage t i t l e in Kansas
22
by s e llin g both the tru st land and the diminished reserve
to the Leavenworth,
Lawrence, and Galveston Railroad Company for $1,600,000;
payable $100,000
pages, the second part lias two pages, and the fcird part has tw enty-eitfit
pages, making a t o t a l of f o r t u n e pages. I t is the complete o f f i c i a l
record of the proceedings of tho o cca issio n . The correspondence between Col.
Chas. W. B lair and Commissioner If. G. Taylor was a lso published m 3 . Report
Ho. 63, 40 Cong. 2 s e s s ., II (1358), 6-14; Kansas D aily Tribune, Jfcly"*,
15687“ Fort Soott Monitor, June 24, 1868.
l% o record of the d istrib u tio n of any presents or g if t s was found.
20iaylor to Browning, December 17, 1868, MS R e p o r t Book Ho. 18,
(Hov. 2, 1868-Aag. 23, 1869), p. 49, IQR, 114.
21The orig in a l mamsoript o f th is tr ea ty may be found in a f i l e
la b elled "Talks, Counoils, T reaties, 1863-1898", IOR, HA. Also printed in
H. Report Ho. 63, 40 Cong. 2 s e s s ., II (1358), 14-23; Olqbej 40 Cong. *
s e s s ' . ' , ' " P p p . 3259-3261; Printed Records of the Court of. Claims Bo.
258, op. 174-185; F itzp atrick , 'Treaties' sad law s, pp. 28-4o.
‘
The amended form of th is tr e a ty m y be found in Printed Reoords of
the Court of Claims Ho. 258, pp. 185-195; Senate B*eoutive SB, 40 Cong.
TTlseBb «, Regular ^orBTden^lal Documents, U. S. senate, 40 Congress (18671869) , No. 63," pp. 2'53-2GT.
~ ~
22These two tra cts contained 8,000,000 acres.
See map opposite
p.
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ss
dawn, and th e b a la n c e i n f i f t e e n annual in s ta llm e n ts b e a rin g f i v e p e rc e n t
i n t e r e s t on d e fe rre d paym ents.
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A ccording to T a y lo r's r e p o r t o n ly t h r e e -
e ig h th s of th e Osage lan d la y e a s t o f th e Arkansas R iv e r.
However* t h i s
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The
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f o r a g r ic u ltu r e .
This w o rth le ss m art o f th e r e s e r v e , th e r a ilr o a d company
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d id n o t w an t.
F a t th e com m issioners i n s i s t e d , so th e T aylor r e p o r t re a d s,
th e Leavenworth, Lawrence, and G alveston R a ilro a d Company ta k e , " a l l th e
la n d s— good bad and i n d i f f e r e n t , so th e Osages s i g h t a t once be removed to
th e In d ia n T e r r ito r y
This in f l e x i b l e s ta n d was tak en by th e
can als s io n , says th e r e p o r t , becau se th e rem oval o f 'the Osages would p u t
an end to th e f r i c t i o n betw een them and th e w h ite people and b rin g about
p eace.
Concerning C olonel F l a i r 's o f f e r o f $2,000,000 f o r th e Osage r e ­
s e r v e , T aylor re p o rte d t h a t i t was n o t accep ted f o r th e reaso n t h a t th e
M isso u ri, F o r t S c o tt, and S anta Fe were d e f i c i e n t in f in a n c i a l m eans.
I
This
r a ilr o a d company, d id n o t have any la n d s u b s id ie s t h a t th e ccssm issioners
knew o f, end had n o t b u i l t a s in g le m ile o f tr a c k .
Even, th e g u aran tee
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o ffe re d by B la ir to in s u re a f a i t h f u l conformance c f h i s p ro p o sa l was u n *
s a t i s f a c t o r y , acco rd in g to th e re p e n t o f th e Commissioner o f In d ia n A f f a ir s .
By way o f j u s t i f y i n g th e accep tan ce of th e o f f e r made by frillia m
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S tu r g e s s , which was $400,000 lo ss th a n th e o f f e r made by B l a i r , th e p re s id e n t
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of th e commission re p o rte d t h a t t h i s p ro p o s itio n was backed by an ample
g u a ra n te e , and th a t th e p r ic e to be p aid f o r the Osage re s e rv e was f a i r .
In a d d itio n , th e r a ilr o a d company of which S tu rg e ss was th e p r e s id e n t a lre a d y
had t h i r t y m iles o f road c o n s tr u c te d , equipped and i n o p e ra tio n .
A nother
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36
o f T aylor *s reasons f o r a c c e p tin g th e o f f e r o f -fee Leavenworth, Lawrence,
and G alveston R a ilro a d Company -was t h a t t h i s company proposed to connect
th e M issouri H ire r ■with th e Gulf o f Mexico, •which mould f o r a a n a tio n a l
highw ay.
The e x p a n s io n is t th e n re p o rte d t h a t , a s th e conzrdssioners had
no s p e c ia l in s tr u c tio n s f o r making th e S tu rg ess T re a ty , th e pream ble and
r e s o lu tio n which th e commission had adopted (May 20) were used a s guides
f o r b rin g in g to a c lo se th e la b o r of th e commission.
One o f th e o b je c tiv e s
of th e preamble and r e s o lu tio n was to b e n e f it th e Osages.
A nother was to
promote th e b e s t i n t e r s t o f th e S ta te o f Kansas and i t s p e o p le, and a
f u r t h e r one m s to promote th e w elfare of th e U nited S t a t e s . ^
A nother d e ta i le d , d e s c r ip tiv e , u n o f f i c ia l re p o rt o f th e se n e g o tia ­
tio n s i s h erew ith subm itted because of i t s g la rin g c o n tr a s t to th e o f f i c i a l
r e p o r t fu rn is h e d by th e commission. This account s t a t e s t h a t F a th e r John
24
Schoenmak ers
was in v ite d t o a tte n d th e c o u n c il w ith th e Osages on Drum
T ay lo r to Browning, June 10, 18SS, I S . , R eport Book Bo. 1 7 , (O ct.
26, 18S7-0et» 31, 1863), p p . 310-313, I0R, HA; C o n fid e n tia l E xecutive 33,
op. c i t . , e t passim .
^ % 'ath er Schoenmakers was b o ra in the town o f Waspick, Province of
j L a n g staa t o f Horth. B rab an t, H olland, i n 1807. I t was i n th e Do B eff School
! a t T o u rra n t, Belgium, which had a lre a d y s e n t F ath ers J . P. DeSr.it and C h arles
Tan Quickehborn to America, t h a t Schoenmakers became in te r e s t e d i n m issio n a ry
work i n Am erica. He was ordained a s e c u la r p r i e s t in Belgium in 1833* On
C hristm as day, 1335, he landed i n Hew York C ity . On Jan u ary 16, 1 8 3 4 ,-he
j
p re se n te d h im se lf as a n o v ice to th e s u p e r io r o f th e J e s u i t N o v itia te a t
i Georgetown, D. C. In J u ly , 1834 he was a ssig n ed to F a th e r Q uickenborn's
colony a t F lo r is s a n t, 0>t. Louis^ M isso u ri. F a th e r Schoenmakers r e m in e d in
S t.. Louis u n t i l 1347* "While th e re he was assig n e d to St* Louis U n iv e rs ity
and l a t e r serv ed a s s u p e r io r of C ollege H i l l , which was th e n th re e m iles
n o rth of S t, L o u is. In 1347 he was c a lle d t o a p o s to lic la b o r in s o u th e a s te rn
j
Kansas when th e V ic o -P ro v in c ia l o f th e M issouri P ro v in ce, F ath er Van de V elde,
! decided to e r e c t a s t a t i o n among th e Osages. He a rriv e d on th e Osage re s e rv e
| A p ril 28, 1847, w ith th r e e b ro th e rs and opened sch o o l on May 10, 1847, w ith
i t h i r t e e n p u p ils . He was r e lie v e d from a c tiv e d u ty in 1S76 and d ied in 1833.
| (Woodstock L e tte r s (Woodstock C o lleg e, Woodstock, Md»), ,!O bituary11, 21-211
| (X II), 339; 7s, TF* Graves, L ife and L e tte rs o f Rev. F a th e r John Schoenmakers,
I S . J . , A.postle to th e Osages {The""£'amhe'rciai 'H x b iish ers, P arso n s, "Kansas,
! T928),' Vh passimf)
j
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Portrait o f John Schoenmakers,
S.J. (1807-1883), made in
Antwerp in 1833 when he was
twenty-six. Founder o f the,
Jesuit Osage Mission.
Paul M ary Ponziglione, S.J.
(1818-1900), fo r nearly four
decades pioneer travelling mis­
sionary and builder o f Catholi­
cism in southern Kansas.
,Cour£e3y .America P ress
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37
C reek i n 1868 because o f h i s g r e a t in flu e n c e Tilth th e tr ib e *
Ee case#
accompanied by a law yer f r ie n d who was a form er b r ig a d ie r g e n e ra l a t F o rt
25
S co tt*
The se ssio n s o f th e c o u n c il were a tte n d e d b y a la r g e number of
s e ttle rs .
Vfiien th e term s o f th e t r e a t y were l a i d b e fo re th e Osages by th e
Commissioner of In d ia n A f f a ir s , th e y re q u e ste d th r e e days in. -w h ich .'to '
c o n sid e r th e p ro p o s itio n s .
Tfh.ile th e Osages wore d e lib e r a tin g th e s e t t l e r s
found o u t t h a t a p a r t of men were w orking a g a in s t t h e i r in te re st* .- > The
s e t t l e r s le a rn e d t h a t a c e r ta in group were seek in g to o b ta in th e Osage
1pnd f o r r a ilr o a d com panies.
could have b u t one r e s u lts
Should t h is happen, th e s e t t l e r s fe a re d I t
th e s q u a tte rs would be fo rc e d t o pay high
p r ic e s f o r -the claim s th e y had a lre a d y ta k en on th e Osage re s e rv e .
The
f e a r t h a t th e r a ilr o a d s would c o n tro l the p ric e o f f u tu r e la n d c la im s,
if
th e y were p e rm itte d to p urchase th e Osage r e s e r v e , s p l i t th e w h ite people
who were p re s e n t a t th e c o u n c il in to two g ro u p s, th e s e t t l e r s and th e r a i l ­
road men.
Both gro u p s, however, had o n ly one a im -in view and t h a t was to
o b ta in th e Osage la n d .
S h ir t- s le e v e diplom acy o r M a c h ia v ellian t a c t i c s
seam to have been in vogue a t ’t h i s council*
The Osage c h ie f s w ere o ffe re d
b r ib e s , and th e r a ilr o a d p a r ty o ffe re d F a th e r Schoenmakers a s e c tio n of
la n d , " i f he would b u t t r y to in flu e n c e th e Osages to s ig n th e T reaty in
t h e i r f a v o r .0
But th e u n o f f i c i a l r e p o r t s a y s , th e Osages would l i s t e n to
n e ith e r th e s e t t l e r s n o r th e r a ilr o a d group.
In f a c t th e y would a llo w no
w h ite men, ex cep t F a th e r Schoenmakers and h i s a tto r n e y , to a tte n d t h e i r
p r iv a te c o u n c ils .
A f te r d e lib e r a tin g f o r two days th e Osages asked F a th e r Schoenmakers
pCT
The re p o rt does n o t m ention h is name#
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t o t e l l them ■what th e y should do.
F a th e r Schoenmakers r e p lie d t h a t u nder
th e circum stances i t 'would he b e t t e r f o r them to make a t r e a t y h u t i n such
c a s e , " th e y should d e a l e x c lu s iv e ly w ith th e Government, n o t m inding what
p ro p o s itio n s o th e r p a r t i e s m ight o f f e r them . . . . . remember w e ll s a id he
’t h a t th e r i g h t o f th e S e t t l e r s m ust always be p re fe rre d to th e advantage
o f any p r iv a te c o rp o ra tio n — Hence I would a d v ise you, to S e ll your Land
to th e TJ* S. government, f o r th e b e n e f it o f th e a c tu a l S e t t l e r s ’n
In ac ­
cordance w ith t h i s ad v ice from F a th e r Schoenmakers, th e Osages re p o rte d to
th e commission " th a t th e y were w illin g to S e l l th e whole o f t h e i r Seduced
R ese rv a tio n to th e u . s . government f o r th e c o n s id e ra tio n o f §1.25 p e r a c r e ,
and t h a t i t was t h e i r w ish , th a t t h i s lan d Should be opened, o n ly to a c tu a l
• S e t t l e r s , and n o t to any c o rp o ra tio n ."
This d e c is io n on th e p a r t o f th e
Osages s u rp ris e d th e r a ilr o a d men and d isap p o in ted th e Commissioner o f In d ia n
A f f a ir s , because th e u n o f f ic ia l r e p o r t s t a t e s , i t m s obvious h i s sen tim en t
was a g a in s t th e s e t t l e r s .
She Commissioner o f In d ia n A f f a ir s th e n re q u e ste d
th e Osages to re c o n sid e r th e m a tte r f o r a few days in th e hope t h a t th e y
could be induced to change t h e i r m inds.
But in s p ite o f v a rio u s t r i c k s th e
Osages could n o t be bou g h t.
I h i l 8 th e n e g o tia tio n s were in t h i s s t a t e o f su sp e n sio n , a rumor
was spread t h a t some Osages had murdered a w h ite man on Big 7 /aln u t in Cowley
County.
26
The b r o th e r o f th e m urdered man was th e b e a r e r of th e sad news.
He appeared in tr u e Shakespearean fa s h io n b e fo re th e Commissioner o f In d ia n
A f f a ir s .
He was covered with, d u s t and t e a r s were dropping from h is e y es.
At t h i s p sy c h o lo g ic a l moment h e began a so lilo q u y *
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" I and my B ro th e r . . . .
w ere h u n tin g on th e Big Yfelnut, when few O sages, w ith o u t th e l e a s t p ro v o catio n
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f r a a u s , f i r e d on us*
ISy B ro th e r f e l l t h e i r T ic t i n , I would have f a l l e n
n e x t, had n o t ny h o rse Saved uy l i f e , by ru n n in g f a s t e r th a n t h e i r p o n ies
could do »**.*"
A ccording to t h i s u n p u b lish ed n a r r a t iv e , th e w h ite n a n t s
te a r s and words won sympathy fo r him.*
This ev en t threw th e crowd in to
co n fu sio n , and p r e s e n tly th e w h ite p eo p le began to sh o u t, " K ill th a n , k i l l
th e dogs I n
As a r e s u l t o f t h i s m elodram atic in c id e n t, -‘d ie mob in c re a s e d ,
and a m assacre p ro b ab ly would have r e s u lte d b u t f o r th e p resen ce o f s o l­
d i e r s , who r e s to r e d order*
The n a r r a to r o f t h i s u n o f f ic ia l r e p o r t p o s itiv e ly s t a t e s t h a t t h i s
unexpected ev en t gave th e advantage to th e Commissioner o f In d ia n A f f a ir s ,
and t h a t he used i t to c a rry on h is n e g o tia tio n s w ith th e Osages.
Vdien
th e excitem ent had subsided in p a r t , th e Commissioner of In d ia n A f f a ir s de­
c la r e d t h a t th e c h ie fs and c o u n se llo rs were h is p ris o n e rs *
lie had th e n
appear b e fo re him and proceeded to t e l l them how t h e i r n a tio n had been g u ilty
o f a g re a t crim e in consequence of
which th e y had f o r f e i t e d th e t i t l e to
t h e i r land and deserved to lo s e i t w ith o u t re c e iv in g any recom pense;
i3 u t* , Says h e , ’i f you w i l l a g re e w ith me, I w i l l
give you a chance to wipe away t h i s g re a t crime* F i r s t
o f a l l , you must d e liv e r to me th e m u rd erer, and n e x t
you m ust S ign th e t r e a t y , as you know I w ish . By com­
p ly in g w ith t h i s , you w i l l give S a tis f a c t io n to th e U*
S . Government, th e P re s id e n t w i l l f o r g e t , w hat you have
done, he w i l l a llo w you what i s r i g h t f o r y e a r R eserva­
t i o n , and w i l l give you an o th e r a s good. ’
The a c tio n of th e Commissioner o f In d ia n A ffa irs p la ce d th e Osages
in a p re c a rio u s s itu a tio n *
mercy of
The Osages could see t h a t th e y w ould be a t th e
a fe ro c io u s mob except f o r a few s o ld ie r s —to o few t o defend them.
On th e o th e r hand, th e y could do a s th e Commissioner o f
su g g este d .
In d ia n A ffa irs had
The re p o rt says t h a t th e Osages decided upon t h e l a t t e r , t h a t
i s , t h a t th ey would s ig n th e t r e a t y .
The Osages th e n re q u e ste d to be allow ed
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two days i s which to d e liv e r th e m urderer o f th e w h ite mas*
A f te r th e
Commissioner of In d ia n A ffa irs had re c e iv e d t h i s answer from th e O sages,
he re le a s e d them and ordered th e s o ld ie r s to p r o t e c t t h e i r camp.
At t h i s p o in t th e Osages a g a in asked F a th e r Schoenmakers m a t he
th o u g h t o f t h e i r p red icam en t.
He admonished them n o t to show any h o s t i l i t y
tow ard th e w h ite men and ad v ise d them t o be calm and p ru d e n t i n t h e i r
d e l i b e r a t i o n s , s a y in g :
my rem aining lo n g e r w ith you, m ight be m isunderstood
by th e p e o p le, I th in k , t h a t i t i s b e t t o r f o r you,
t h a t I w ithdraw , b y s o doing I w i l l Show, t h a t I do
n o t i n t e r f e r e in your a f f a i r s , and you a r e l e f t f r e e
to a c t , j u s t as you p le a s e . However a s you need to
have Some one, to guide you in t h i s emergency, I w i ll
le a v e w ith you my law yer. He w e ll knows y o u r
S it u a t i o n , and w i l l do a l l i n h is power, t o promote
■ your advantage in th e making o f y o u r T re a ty .
L a te r th e Osages gave up to th e Commissioner of In d ia n A f f a ir s one
of t h e i r men a s b e in g th e g u i l t y m urderer and sig n e d th e t r e a t y in fa v o r
of th e r a ilr o a d
company. Then th e C a th o lic r e p o r t s a y s , "The Commissioner
f e l t p e r f e c t l y S a t i s f i e d , f o r having S e ttle d t h i s m ost d i f f i c u l t m a tte r ,
and l e f t f o r W ashington."
j
j
i
!
27
2^Paul Mary F o n sig lio n e , "The Osages and F a th e r John Schoenmakers,
S.Jo" Bock IV , C h ap ter 23217, pp. 340-347, in a f o l d e r la b e l le d , "IZ-P77M,
W ritin g s P o n z ig lio n e Osage". An u n p u b lish ed m a n u sc rip t in th e J e s u i t
A rchives f o r th e P rovince o f M isso u ri, S t . Louis U n iv e r s ity , S t . L o u is,
M isso u ri. The in tr o d u c tio n t o t h i s undocumented m a n u scrip t is d a ted May 25,
1897. H e r e a f te r c ite d P o n z ig lio n e , "The O sages."
In th e U nited S ta te s th e S o c ie ty o f Jesu s has fo u r pro v in ces o r
t e r r i t o r i a l d iv is io n s . They a r e C a lif o r n ia , M aryland - How York, Hew O rle a n s,
and M isso u ri. Each p ro v in ce i s p re s id e d ov er by a P r o v in c ia l a s s i s t e d by
l e s s e r o f f i c i a l s who a re a l l ap p o in te d by th e G eneral (th e supreme head o f
th e s o c ie ty who re s id e s in th e Holy C ity - Some) u s u a ll y f o r th r e e y e a r s .
(The C a th o lic E ncyclopedia An I n te r n a tio n a l Work o f R eference on th e C o n sti­
t u t i o n , D o c trin e , 'd is c ip lin e , and S i's to ry of "tke C a th o lic Church '(The
^Encyclopedia Press," ’I n c ., Hew fo r k ,' cT9i.2'J7~Sl7,' S&'f’J*
1940 i s th e fo u r th c e n te n a ry o f th e S o c ie ty o f Jesus* Pope Paul
I I I c h a rte d t h i s o rg a n iz a tio n i n 1540. (The J e s u i t B u l le tin (F eb ru ary ,
1940), e t p assim .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
I n th e J e s u it House H is to ry of th e Osage M ission f o r 1868 i s r e ­
corded a s l i g h t v a r ia tio n in t h i s d ram atic e v en t a t th e Osage c o u n c il.
At
th e b eg in n in g o f May, 1868, ab o u t f iv e hundred Osage -w arriors s e t o u t to
make war upon th e A rapahoes.
D uring t h e n e g o tia tio n o f th e t r e a t y , th e
Osage s o ld ie r s re tu rn e d -with two b le e d in g s c a lp s , and two days had to be
a i l owed th e Osages, by th e commission, f o r c e le b r a tin g .
I t m s a t th is
p o in t t h a t two w hite men came up from th e so u th , and one o f them s a id th e
two s c a lp s wore n o t th o s e o f A rapahoes, b u t were th e sc a lp s o f -sh ite men.
F u r th e r , th e w h ite man said t h a t one of th e sc a lp s m s h i s b r o t h e r s .
Osages were th e n o ffe re d as h o s ta g e s .
Lawrence, K ansas, and c a s t in to p riso n *
Two
They were bound in ir o n s , tak en to
Then f o r f e a r th e w h ite people
m ight make w ar upon th e n and ta k e t h e i r la n d w ith o u t any com pensation, th e
Osages sig n ed th e t r e a t y . ^
A nother in te r e s t in g u n o f f i c i a l r e p o r t was found re g a rd in g th e
S tu rg ess T re a ty n e g o tia tio n s .
This r e p o r t i s an in t e r e s t i n g document be­
cause o f th e source from which i t came and because o f th e sta te m e n ts i t
nH is to r I a D arns, M issxonis O sagianae ad S . Franc is cun de Hieronymo,
A.D. 1868 (H is to ry of th e House o f 03age M ission o f St* F ra n c is Jerom e)1*, IB .,
Ho. 3755, p p . 10-13. An u n p u b lish ed L a tin m an u scrip t i n th e J e s u i t A rchives
f o r th e P rovince of M isso u ri, S t . Louis U n iv e rs ity .
The Osage -who m s o ffe re d as a human s a c r i f i c e upon th e a l t a r o f th e
S tu rg e ss T re a ty , f i n a l l y , a f t e r an u n u su al e x p e rie n c e , escaped w ith h is l i f e .
A t th e c o u n c il ground he was c a s t in ir o n s . L a te r h e was ta k e n to Lawrence,
‘.m ere he was t r i e d s e v e ra l tim es an d , u ltim a te ly , because o f p o p u lar
p r e ju d ic e , c o n v ic te d i n s p i t e o f h i s p r o te s ta t io n of in n o cen ce. He was
sen ten ced to be hanged on th e s p o t where he had committed h is a lle g e d crim e,
w hich m s on Big W alnut in Cowley County. Three days were s p e n t a t th e
p la c e in Cowley County g a th e rin g m a te ria l and f ix i n g a g allo w s. In th e
meantime th e Osage, whose name i s n o t re v e a le d by t h i s r e p o r t , was te m p o ra rily
c o n fin ed to an old lo g sh an ty to a w ait h i s e x e c u tio n . M oreover, i t is
a ffirm e d t h a t fr ie n d s of th e condemned promoted h i s escape and th u s d ep riv ed
th e w h ite p e o p le , who had g a th ered nfrcaa d if f e r e n t d ir e c tio n s ” , o f se e in g
a human s a o r i f i c e . A fte r a tw o-day f r u i t l e s s se a rc h f o r th e escaped Osage,
•the e s c o r t and -fee d isap p o in ted people l e f t -the p la c e . (P o n z ig lio n e , !,The
O sages,” l o c . c i t . , p p . 3 4 6 f).
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
42
c o n ta in s .
I t m s prepared by D r. B. Peyton Brown, P a s to r o f th e Foundry
M. B. Church, W ashington, D. C», and ad d ressed t o th e S en ate Committee of
Indian. A f f a i r s .
The Reverend Mr. Brown s t a t e s t h a t he was a fo rm er p a s to r
and p e rso n a l f r ie n d t o T ay lo r, th e Commissioner o f Indian. A f f a ir s , who in ­
v ite d him t o go on th e t r i p to n e g o tia te w ith th e Osages.
The p a s to r says
t h a t he was w ith Commissioner T ay lo r th e e n t i r e tim e on th i s p a r t i c u l a r
trip .
He d e s c rib e s th e procedure end n e g o tia tio n s a t th e c o u n c il!
I was p re s e n t a t th e c o u n c ils h e ld by th e Commissioners
w ith th e In d ian s ; was w ith th e Commissioner in o u r t e n t ,
and h eard h is p r iv a te in te rc o u rs e w ith in d iv id u a l In d ia n s , and
had p e rh a p s, more p e rso n a l in te rc o u rs e w ith H r. T ay lo r th an
any man on th e ground; and a t th e same tim e had f r e e i n t e r ­
c o u rse w ith , and th e e n ti r e confidence o f each and a l l th e
r e s t o f th e Commissioners; and under th e s e c irc u m sta n c e s,
fa v o ra b le t o knowledge, i t a ffo rd s me g re a t p le a s u re t o s a y ,
t h a t I n ev er saw, in any council# s e c u la r o r re lig io u s # more
o f h o n e sty , s in c e rity # and f a i r dealing# c o n tro l a body o f
men in any tr a n s a c tio n .
That th e g re a t pu rp o se, th e o n ly purpose# o f each and
a l l o f th e s e gentlemen was t o do j u s t what was b e s t and r i g h t
f o r b oth w hite and red men, I most s a c re d ly b e lie v e .
[2$iat any o f them accep ted a b rib e f o r t h e i r s e r v ic e s ,
o r were a p a r ty to c o rru p tio n in t h i s n a t t e r i n any form,
o r t h a t th e y attem pted a t any t i n e to in tim id a te o r compel
th e In d ia n s to a c c e p t th e t r e a t y by im proper means# T b e lie v e
to be b o th f a l s e o r s la n d e ro u s.
I w i l l a ls o ado' t h a t having made th e acq u ain tan ce o f
th e gentlem en who accompanied th e Commission, and were
fa v o ra b le to th e ad o p tio n o f th e tr e a ty # and h av in g been in ­
tim a te in t h e i r c o u n c ils and c o n v e rsa tio n s w ith re fe re n c e to
th e m a tte r, I b e lie v e t h a t th e y were e q u a lly f r e e from th e
use of any im proper means o r m otives f o r se c u rin g th e s ig n in g
o f th e t r e a t y .
That a t r e a t y w ith th e Osage n atio n # removing them from
Kansas# i s an a b so lu te n e c e s s ity f o r th e m aintenance o f peace
alo n g t h a t border# i s my d e lib e r a t e judgm ent; and t h a t t h e
one j u s t concluded by fo u r h o n e st and honorable men is f a ir #
e q u ita b le and r i g h t I as s in c e r e ly b e l i e v e .^ ’
29
I.
S. K a llo ch , C. R obinson, A. H. Blackledge# and Wm. Babcock#
The Osage T rea ty ( n . p . , June 18# 1868). D octor Brown’s l e t t e r marked B
i s 'dated June T 9 , p . 14. To a v o id conf u sio n w ith a n o th e r pam phlet by th e
same t i t l e t h i s one w i l l be c ite d h e r e a f t e r as "The R a ilro a d Pam phlet."
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
43
The a t t i t u d e and th e p o l i t i o a l ph ilo so p h y o f C ongress, when th e
S tu rg e s s T reaty a r r iv e d f o r c o n s id e ra tio n , can n o t b e o o r r e c tly compre­
hended by i t s d i r e c t a c tio n th e re o n .
p r e c ip ita te d by th e S tu rg ess T reaty
The c o n g re ssio n a l b a t t l e t h a t -was
f o r th e m ost p a r t over p r i n c i p l e s .
The t r e a t y m s j u s t a n o th e r ease to which c e r t a i n p r in c ip le s o r p o l i t i c a l
id eo lo g y r e l a t i v e to th e p u b lic domain were t o be a p p lie d .
I t was n o t
't h a t a t r e a ty had been made w ith any p a r t i c u l a r t r i b e o f In d ia n s , n o r m s
i t th e q u e stio n ab le manner in which th e t r e a t y m s rep u ted to have been
sec u re d t h a t w ere th e r e a l or d eterm in in g f a c to r s in W ashington —
e s p e c ia ll y a t th e o u tse t*
The S tu rg e ss T rea ty was n o t even th e d i r e c t
ev en t t h a t s e t in n o tio n th e t i t a n t i c c o n g re ssio n a l b a t t l e t h a t m s to l a s t
f o r two y e a r s .
The r e a l q u e stio n in v o lv ed th e p o l i t i c a l c o n tr o l o f th e p u b lic
domain.
On t h i s q u e stio n th e house o f R e p re se n ta tiv e s had j u s t r e c e n tly
r e a s s e r te d 'th e n a tio n a l p o lic y , end when th e S tu rg e ss T reaty a r r iv e d in
W ashington, I t only a id ed i n s e t t l i n g th e p o lic y o f n a tio n a l c o n tro l o f
th e p u b lic domain.
As to r e s p o n s i b i l i t y f o r th e r e - a s s e r t i o n by th e House
f o r c o n g re ssio n a l c o n tro l of th e p u b lic domain o r th e abandonment o f th e
p o lic y of In d ia n land s a le s by th e tre a ty -m a k in g p ro c e s s , th e S tu rg e s s T reaty
can claim only a sm all p a r t .
O ther and s im ila r In d ia n t r e a t i e s were b ein g
co n sid e re d a t th e sane tim e and w ere w ithdraw n a t th e same tim e f o r th e
same re a so n s .
T h erefo re, th e d eterm in in g f a c t o r in th e c o n g re ssio n a l f i g h t
la y b en eath th e s u rfa c e o f any p a r t i c u l a r In d ia n t r e a t y and is to b e found
A copy o f t h i s pam phlet may be found i n th e Sidney C lark e P a p e rs. Here­
a f t e r c ite d as C larke P a p e rs, a p r iv a te c o lle c tio n owned by h is so n , Sidney
C la rk e , J u n io r, 729 Worth Broadway, Shawnee, Oklahoma. A copy o f t h i s
pam phlet i s a ls o in th e Osage Museum, Pawkuska, Oklahoma. The P o r t S c o tt
Weekly M onitor, J u ly 8 , 18S8, d e c la re d t h a t th e Reverend Brown m s e ith e r
a f o o l o r a knave to make th e above s ta te m e n ts .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
44
o n ly i n th e homestead p o lic y o f th e U n ited S ta te s — a b r i e f su rv ey o f which
should p reced e any f u r th e r stu d y o f th e S tu rg ess T re a ty .
The homestead and preem ption p o lio y o f th e U n ite d S ta te s d i r e c t l y
formed th e c o n tr o v e r s ia l philosop h y t h a t a p p lie d t o th e S tu rg ess Treaty*
This p u b lic lan d p o lic y had been only r e c e n tly r e -d is c u s s e d when th e S tu rg ess
T re a ty was throw n in to th e p o l i t i c a l hopper a t "SSashington.
I t was d u rin g
th e d e b a te on th e S outhern Homestead B i l l t h a t th e p o lic y o f c o n g re ssio n a l
c o n tro l o f th e p u b lic domain was ad m irab ly rev iew ed .
The b i l l was m o tiv ated
by th e re v e rs io n to th e U nited S ta te s o f some 5*000,000 a c re s o f form er
so u th e rn r a ilr o a d la n d g r a n ts .
These g ra n ts had been made to F lo r id a ,
Alabama, L o u isia n a , and M is s is s ip p i i n 1856-1857 w ith th e p ro v iso t h a t rti£
any of s a id roads i s f s i c 7 n o t com pleted w ith in t e n y e a rs no f u r t h e r s a le s
30
s h a l l b e made, and th e lands unso ld s h a l l r e v e r t to th e U n ite d S ta te s .
I t was i n form ing l e g i s l a t i o n to d isp o se o f th e s e r e v e rte d lan d s t h a t th e
th e o ry o f c o n g re ssio n a l c o n tr o l o f th e p u b lic domain was r e s t a t e d and
r e s o lu tio n s passed th e re o n .
Some knowledge o f t h i s d is c u s s io n i s ex ceed in g ly
h e lp f u l i n th e stu d y of th e t r e a t y now under c o n s id e ra tio n , because th e
a t t i t u d e o f th e House b e fo re th e S tu rg e s s T rea ty was consummated, is made
v is ib le *
Congressman George Yfashington J u lia n was a s tro n g advocate o f th e
hom estead and preem ption p o lic y .
He was b o m in 7«ayne County, In d ia n a , in
1817, was ad m itted t o th e b a r in 1840, and e le c te d a s t a t e re p r e s e n ta tiv e
i n 1845.
In 1848 he was a d e le g a te to th e F r e e -S o il Convention a t B u ffa lo ,
and i n 1851 was e le c te d to Congress on th e F re e -S o il t i c k e t .
^ G lo b e , 40 Cong. 2 s e s s . ,
18, 31, 124-26(3.
P t. I , p . 872;
In 1852 he was
11 S t a t . L ., 16, 17,
—
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
45
a c a n d id a te f o r Y ic e -P re sid e n t on th e san e t i c k e t -
He m s r e e le c te d to
Congress in 1861 on th e R epublican t i c k e t and c o n tin u ed t o se rv e u n t i l 1^71,
d u rin g which tim e he serv ed a s chairm an o f th e Committee on P u b lic Land
and a s s is te d in th e passage o f th e h o n e st sad a c t .
51
C onsequently i t should
be no s u r p r is e t h a t J u lia n in tro d u c e d t h i s r e s o lu tio n i n th e House on
December 9 , 1867s
R esolved, t h a t in o rd e r to c a r ry in to f u l l and
com plete e f f e c t th e s p i r i t and p o lio y o f th e preem ption
and homestead la m of th e U n ited S ta te s th e f u r t h e r
s a le o f th e a g r i c u l t u r a l p u b lic lands ought to be p ro­
h ib ite d by law , and t h a t a l l proposed g ra n ts o f la n d to
a id in th e c o n s tru c tio n of r a i l r o a d s , . . . . should be
c a r e f u lly s c r u tin is e d snd r i g i d l y su b o rd in a ted to th e
paramount purpose of s e c u rin g homes f o r th e la n d le s s
p o o r, th e a c tu a l s e ttle m e n t and t i l l a g e o f th e p u b lic
dom ain.. . .
The re a d e r should keep th e h ig h p o in ts of J u l ia n ’s l i f e in mind Taken he
e v a lu a te s h is a c t i v i t y a g a in s t th e S tu rg ess T re a ty .
The F re e -S o il P a rty
p la tfo rm f o r 1848, which J u lia n h e lp e d to fram e, advocated "Free s o i l f o r
a f r e e p e o p le .”
One plank upon which th o p a r ty sto o d , r e l a t i v e t o p io n e e r
s e t t l e r s , re a d :
"Free Grants to A ctu al S e t t l e r s
53
O bviously, in
1868 when J u lia n took up th e f i g h t a g a in s t th e S tu rg e ss T re a ty , h e was only
e x p re ssin g a p e rso n a l p o l i t i c a l ph ilo so p h y o f a t l e a s t tw enty y e a rs s ta n d in g .
B a s ic a lly he was a n ti-m o n o p o listic and n o t opposed to th e t r e a t y as su ch .
^ B io g ra p h ic a l D ire c to ry o f the American Congress 1774-1927 (Govern­
ment P r in tin g O ffic e , Washington, T§"28), p . 1166. Shis com pilation may be
a ls o c ite d as H. Doc. Ho. 783, 69 Cong. 2 s e s s . See a ls o pumas Malone ( e d .) ,
D ic tio n a ry o f Im ericauH Biography (C harles S c r ib n e r ’s Sons, New York, 1933),
X, 24x>i. H e re a fte r cited! DAB.
^ G lo b e , 40 Cong. 2 s e s s . , Pt« I , p . 97.
®^ELrk 3 . P o r te r (Comp.) , N atio n al P a rty P latfo rm s
C o ., New /o n e , 1924), PP* 22, 2o—
(The N aen ilian
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
I
46
|
I
J u lia n ■was n o t -without l e g i s l a t i v e a id i n h i s e f f o r t s and sympathy
f o r th e la n d le s s poor of th e U nited S ta te s .
W illiam Lavsrence, vho serv ed
as congressman f o r Ohio from 1865-1377, e x ce p t f o r th e term 1871-1873, m s
one o f th e e a r ly opponents of th e system o f s e l l i n g p u b lic lan d by th e
In d ia n t r e a t v method r a th e r th a n bv an a c t of Congress*
I t i s even claim ed
t h a t h is e f f o r t s le d to th e passage o f th e l e t o f March 3, 1871, ■which p a t
34
an end to t i e In d ia n tre a ty -m a k in g p o lic y o f th e U n ited S t a t e s .
B ut be
t h a t as i t may, Laurence proposed on Jan u ary 29, 1868, t h a t t h e Southern
homestead B i l l th e n b e fo re Congress be amended so a s t o p r o te c t th e s e t t l e r s
i
from any f u tu r e g ra n te e .
He proposed t h a t a c tu a l s e t t l e r s sh o u ld o b ta in
" q u a n titie s n o t g r e a te r th a n one q u a rte r s e c tio n to any one p e rs o n , and a t
_
55
a p r ic e not exceeding "1 25 L sicJ p e r a c r e .,.»«**
Bis n ext day, -while
a g a in d is c u s s in g th e homestead b i l l , lavjren.ee v e ry a b ly o u tlin e d h is sta n d
36
on th e homestead p o lic y and gave h is reaso n s th e r e f o r .
On March 12, 1868, th e r e s o lu tio n -which had been p re s e n te d by
37
J u lia n th e previous December m s ad o p ted .
The aim o f t h i s r e s o lu tio n ,
vSiich n u 3 t be ta k en to re v e a l th e a t t i t u d e o f th e Eouse, -was t o make a form al
pronouncement o f i t s in te n tio n to m a in ta in th e American la n d p o lic y o f home­
s te a d and preem ption.
I t iras a d e f i n i t e sta n d b y th e House f o r th e p io n e e r,
s e t t l e r —th e la n d le s s p o o r.
On March 21, Laurence a g ain spoke to th e House a t le n g th on th e
SgPAB, X I, 52.
SSflidbe, 40 Cong* 2 s e s s . , ? t . I , p . 842.
56I b id . , p p . 872f*
Sfflobo, 40 Cong. 2 s e s s . , Pfc. H » P* 18S1*
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47
system o f s e llin g the public domain by Indian t r e a tie s .
He contended that
the Indian tr ib e s did not have any t i t l e to th e land -which they occupied
and, th erefore, did not have any power to s e l l .
He pointed out the right
of an Indian trib e to s e l l land to a foreign power, or to an individual
bad never been recognised.
lie denied that the t i t l e to Indian land, which
rested in the United States Government, could be transferred by the
President and the Senate through the system, of Indian tre a ty s a le s .
To
sub stan tiate his theory of occupancy as being the only righ t that the Indians
had to the land, the Ohio representative c ite d the cases of Johnson v s .
McIntosh0^ and Claris v s. Smith.®®
Regarding the Indian tr ea ty sa le system, Lawrence asserted th at
i t was a recent plan which had been devised only to circumvent the pre­
emption and homestead p o licy of the United S tates and that i t was intended
only to secure the public domain for monopolists and speculators.
On the control or d isp o sitio n of the public domain, Lawrence con­
tended that the right belonged to Congress, according to A rticle 4 , Section
3 , Clause 2 , of the C onstitution.
’’Congress'*, according to th is cla u se,
“sh a ll have Power to dispose and make a l l needful Rules and Regulations
respecting Territory . . . . belonging to the United S tates
This con­
ten tion was further supported by reference to two ca ses, the American
40
41
Insurance Company v s . Canter and the United States v s . Rogers.
388 m e a t ., 545.
3913
p
e
t e
r s ,
195
*
401 P eters, 542; 19 Howard, 395, 633.
414 Howard, 567.
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48
Any power ex clu siv ely reserved, to Congress could not "be exercised
by any authority conferred by tr e a ty , reasoned Lawrence*
Therefore, the
Ohioan questioned the t i t l e to land that had been conveyed by the Indian
trea ty s a le system and denounced as a usurpation the poser to make such,
s a le s * ^
On larch 23, Lawrence introduced a resolution which was unaninously
adopted on the follow ing day*
This resolution indicates s p e c ific a lly that
the House looked upon the system of s e llin g Indian lands by the trea ty method
•with a questionable eye 5 th a t the system was in bad repute even before the
Sturgess Treaty*
The Lawrence resolu tion o f March 24 readss
"Resolved,
•that th e Committee on the Judiciary be instructed to inquire and report
whether public lands sold under tr e a tie s with Indian tr ib e s are held by a
v a lid t i t l e , and whether such lands can be sold except in pursuance of a
43
law duly enacted by Congress*"
In short, th is was the sentiment of the House on the homestead
p o licy and Indian land sa le s by the trea ty method as a r e s u lt o f the d is­
cussions upon the Southern Homestead B ill*
Therefore, th e in te r e st of the
s e t t le r ce rta in ly preceded the Sturgess Treaty upon the calendar with a
le g is la t iv e philosophy which was to be used against the trea ty ,
June 13, 1868, ju st three days a fte r the Commissioner of Indian
A ffairs had reported on the n egotiation and signing of the Sturgess Treaty,
i t was submitted by the President to the Senate fo r i t s co n stitu tio n a l action*
Globe, 40 Cong* 2 se ss* , Pb* I I I , p* 2065.
45I b id ., p . 2082.
^ S en ate Executive Journal, XVI, 259;
45 C* Cls* R*, 390*
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44
45
Notwithstanding the absence of delay* there had already arisen a furor of
indignation which reached h a lf across th e continent—from. Kansas to
Washington*
The potency o f these various a c tiv itie s * for and against the
Sturgess Treaty, have added much additional information on the n egotiation s.
S u ffic e i t to say th is additional information would not otherwise have been
availab le except fo r the sharp c o n flic t of national p o licy and economic
in te r e s t.
When the promoters of the Sturgess Treaty sh ifted th e ir a c t iv it y
from the council ground on Drum Creek to Washington* they found that fo r ­
midable antagonists were already a t work.
Because o f the rumored cession
by the Osages o f th eir reserve to a railroad company, the House of Re­
presentatives passed a preamble and resolu tion embodying th e ir attitu d e
•which was that Indian trib es had no power to cede th e ir land except to the
United S ta tes, and th at the purported tr e a ty was contrary to the American
p o licy and laws which were applicable to th e public domain.
The follow ing
preamble and resolu tion was presented June 1 by Congressman Julian, chair­
man of the Committee on Public Lands:
Whereas the Indian trib es of the United States
have no power by trea ty to dispose of th eir lands ex­
cept the power of cession to the United S tates; and
whereas a trea ty is now being negotiated between the
Great and L it tle Osage Indians and a sp ecial Indian
commission, acting on the part of the United S ta tes,
by which eigh t m illio n acres of land, belonging to
those Indians, are to be transferred to the Leaven­
worth, Lawrence, and Galveston Railroad Company in
contravention of the laws and p o licy of the United
S ta tes, a ffe c tin g the public domains Therefore, Re­
solved, That the President of the United States be
requested to inform ■this House by what authority and
fo r what reason the said lands are to be disposed of
as above re cite d , and not ceded to the United States
and made subject to th e ir d isp o sitio n .'4
Doc. Ho. 510, 40 Cong. 2 s e s s .,
Globe, 40 dong. 2 s e s s ., Rt. H I , p. 2755.
tit
(1345), f i r s t page;
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This a c tio n o f th e House m erely r a is e d a c o n s ti tu tio n a l q u e stio n
and d id n o t concern i t s e l f w ith th e manner in which th e S tu rg ess T re a ty had
been n e g o tia te d , o r th e p ric e th e Osages were to re c e iv e f o r t h i s re s e rv a ­
tio n .
However, th e a c tio n d id in a u g u ra te a movement which p r e c ip ita te d
much adverse a c tio n and which f i n a l l y caused th e S tu rg ess T re a ty t o be w ith ­
drawn from th e S e n a te.
The J u lia n r e s o lu tio n o f June 1 was r e f e r r e d to th e S e c re ta ry o f
th e I n t e r i o r by th e P re sid e n t f o r h is r e p ly .
On th e n in th , S e c re ta ry 0 . E .
Browning re p lie d t h a t i t had been re p o rte d t h a t th e P r e s i d e n t s commission
had n e g o tia te d a t r e a t y w ith th e Os a r e s , b u t t h a t no such t r e a t y had reached
h is departm ent.
Eae in fo rm atio n was f u r t h e r fu rn is h e d by th e s e c r e ta r y
t h a t i f a t r e a t y had been consummated, i t s p ro v isio n s were unknown because
th e departm ent had is su e d no s p e c ia l in s tr u c tio n s f o r making a t r e a t y . “
Congressman Sidney Clarice o f Kansas in tro d u c e d a r e s o lu tio n on
June 11 which was more s p e c if ic th a n th e J u lia n r e s o lu tio n .
C lark e5s re s o ­
lu tio n re q u e ste d th e P re s id e n t to fu r n is h th e House w ith c o p ie s o f a l l in ­
s t r u c t i o n s , re c o rd s , and correspondence o f th e commission p e r ta in in g to
th e t r e a t y t h a t had j u s t been concluded w ith th e Osages.
I t a ls o re q u e ste d
th e P re s id e n t to w ith h o ld th e t r e a t y from th e Senate u n t i l th e House In d ia n
Committee in v e s tig a te d and re p o rte d .
U n fo rtu n a te ly , t h i s r e s o lu tio n r e ­
q u ire d unan.igi.ous c o n sen t, and because Henry Howard S tark w eath er o f C o n n ec tic u t,
o b je c te d , i t f a i l e d .
L a te r, on th e same day, th e P re s id e n t su b m itted t o th e
House th e above r e p o r t of -the S e c re ta ry of th e I n t e r i o r .
The s e c r e ta r y ’s
^ E . Ex. Doc. Ho. 310, 40 Cong. 2 s e e s ., XIX (1 3 4 5 ), 2 ; U S., Record
o f L e tte rs -SenT“(S e o re ta iy o f 'I n t e r i o r ) , In d ia n M isc. Book Ho. 8 "(T868-70)
p p . 8 2 f ., IOR, M.,
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r e p o r t o f June 9 -was i n response t o J u l i a n ’s r e s o lu tio n o f June 1.
Upon.
th e p r e s e n ta tio n o f th e r e p o rt th e House moved t h a t th e P r e s id e n t’s l e t t e r
and th e documents from th e S e c re ta ry o f th e I n t e r i o r , c o n s is tin g o f co p ies
o f se v e n te e n l e t t e r s , be r e f e r r e d to th e Committee on In d ia n A f f a ir s w ith
in s tr u c tio n s to in v e s tig a te th e t r e a t y n e g o tia tio n s .
47
The re c o rd s ■which had b een su b m itted b y th e S e c re ta ry o f th e In ­
t e r i o r through, th e P re s id e n t c e r t a i n l y were n o t s a t i s f a c t o r y to th e House
In d ia n Committee, because a g a in on th e t h i r t e e n t h Congressman C larke r e ­
in tro d u ce d th e r e s o lu tio n which had f a i l e d on th e e le v e n th , c a llin g f o r
a l l of th e re c o rd s p e r ta in in g to th e t r e a t y .
Upon t h i s o c c a s io n , th e
n o tio n m s p e r tin e n t to th e b u sin e ss b e fo re th e House, and i t m s passed
.4 8
ey unanimous ccnsenu.
f
On June 15 th e S e c re ta ry o f th e I n t e r i o r a g ain re p o rte d to th e
P r e s id e n t, and h e to th e House, t h a t a l l such reco rd s as th e departm ent
had any knowledge o f had a lre a d y been su b m itte d .
In due tim e th e d i s s a t i s ­
f a c tio n o f Congressman C larke m an ifested i t s e l f a g a in .
On J u ly 13, e x a c tly
one month a f t e r C la rk e ’s f i r s t re q u e s t f o r th e reco rd s o f t r e a t y n e g o tia tio n s ,
he renewed h is form er re q u e s t t o th e P r e s id e n t.
r e s o lu tio n b ro u g h t f o r th th e d e s ire d re c o rd s.
49
Three days l a t e r , t h i s
The Commissioner o f In d ia n
A f f a ir s , T a y lo r, who m s a ls o p re s id e n t of th e commission t h a t n e g o tia te d
th e S tu rg e s s T re a ty , s ta te d i n conveying th e b e la te d re c o rd s t h a t th e reaso n
th e y were n o t produced when th e C larke r e s o lu tio n was f i r s t made was t h a t
~^Globe, 40 Cong. 2 s e s s . , F t. I l l , p . 3083.
48I b id . , P t . IT , p . 3132.
49I b i d . , p . 4001.
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52
they had not been received from the secretary o f the commission.
50
However,
th is statement by Taylor m y not be in aocord with the true f a c ts .
On
June 12, the secretary of the commission wrote from. Lawrence, Kansas, that
he had a l l the papers and communications $ and th at he was leaving for
Washington w ithin a day or two.
Obviously -the secretary and h is records
should have arrived in Washington long before Clarke’s second resolu tion of
July 13.
I t i s a lso quite c le a r from the secretary’s le t t e r that h is se n ti­
ment did not coincide with th at of the president of the commission fo r he
stated to Clarke that he would cooperate with, him in any m y to “Secure
51
equal and exact ju s tic e to the S ettle r s
A c tiv ity again st, or in te r e s t in , the Sturgess Treaty was not by
any means lim ited to a few id e a lis t ic congressmen a t Washington.
Imme­
d ia te ly a fte r th e trea ty was signed, c itiz e n s o f Kansas, s ta te o f f i c i a l s ,
various organizations, and the press began to descend on Washington in
person, by p e titio n , or by l e t t e r .
Brochures were prepared and d istrib u ted ,
and the press of the s ta te became very energetic and most pronounced.
of th is medley of a c tiv ity two d is tin c t groups were evolvedy
were fo r the trea ty , and those idio were against it*
Out
those who
The controversy became
very warn, but fortu n ately fo r the Osages and fo r h isto r ia n s, i t radiated
much additional lig h t upon the Sturgess Treaty n eg o tia tio n s.
On June 2 , (1868) only f iv e days a fte r the Sturgess Treaty had
been signed, the f i r s t formal derogatory description of the negotiations
52
and denunciation o f the tr ea ty were rendered by Eeniy C. Whitney
of
50E. Ejc* Doc* No* 310- Pfcs* XX5XIX^ 40 Cong* 2 sg ss* j XXX (134:5
et passim*
““
^B lackledge to Clarice, June 12, 1868, in Clarke Papers.
52
A former paymaster in the army.
In 1868 he was an attorney for
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Lawrence, Kansas.
He-wrote to Congressman William Lawrence, of Ohio, ex­
pressing h is views on
the tr e a ty and stated that he
appealed
to him because
of h is previous stand fo r th e landless poor* Ih itn ey urged Lawrence to
in s titu te an inquiry and to fin d
the Osage land on the
out -shy the actu al
same terms as provided in the
s e t t le r s
cculd not have
tr e a ty .
In d iscu ssing
the tre a ty , Whitney wrote th a t i t had been forced upon the Osages end that
the Leavenworth, I&wrence, and Galveston Railroad Company was to obtain
about 8,000,000 acres of land for twenty cents per acre.
F in a lly , the
treaty was denounced by Whitney as a railroad m onopolistic usurpation where53
by the poor people would be denied the chance to acquire cheap homes.
However, the b a ttle on the tre a ty m s already on -the verge of
waxing hot in the House.
On June 3, Julian ably described a method of
con trollin g public lands and aiding railroad s.
Osage tre a ty , he said:
In h is reference to the
“This tre a ty , should i t be r a tifie d by the Senate,
w ill be a complete defiance o f the control and ju risd ictio n o f Congress,
and commit to the tender mercies of a railroad company th is large body of
lan d s.” He also reminded the House that they had voted only the day before
54
th at the Indian trib es of the United States had no power of cessio n except
to the United S ta tes, th at they had no rig h t in the lands except that of
occupancy, and that the t i t l e rested in the United S ta te s.
Julian stated
th at th is p rin cip le or theory o f Indian t i t l e s had been long recognized and
land contestants with an o ffic e a t Humboldt. His advertisement in the paper
stated th at h is knowledge and experience would enable him to "Secure to
S e ttle r s a l l th eir Rights." (The Oswego R egister, July 2 , 1869).
Globe, 40 Cong* 2 s e s s ., Pt. I l l , pp. 2894f.
^The reference is to h is own resolution of June 1 , not the daybefore*
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54
had prevailed u n t il 1860.
Since th a t date he declared Indian trea ty land
/
sa le s had threatened the en tire lend p o licy o f the United S ta te s .
He con­
tended th at when an Indian tr ib e ceded land to th e United S ta te s, i t imraed ia te ly because a part o f the te r r ito r y o f the united States and as such was
subject to the control of Congress the same as any other United S tates
property*
Julian a lso emphasized the point th at i t m s fo r Congress, not
the treaty-making power, to decide whether land should be granted to aid
55
in building railroads and a lso how the public domain should be handled.
On June 5, before presenting a formal p ro test to th e Sturgess
Treaty, Congressman Lawrence submitted th e 'ffiiitney le t t e r o f June 2 , which
has already been discussed.
On th is occasion Lawrence stated on the flo o r
of the House th at he m s not opposed to aiding the railroads but th at he
thought -the aid should be administered by an a ct of Congress.
He had pre­
v io u sly expressed h is opposition to the system of s e llin g Indian lands by
the treaty-making process, but reasserted h is view , saying*
"The President
and Senate cannot, under cover of the treaty-® , king power, d ic ta te the land '
p o lic y nor the railroad p o lio y o f the United States."
Lawrence even denied
the co n stitu tio n a l v a lid ity of public land s a le s by th is process.
Further­
more, h is opinion was that the public domain should be subject to the national
land p o licy or homestead laws except in sp ecia l cases and then exceptions
should be made only fo r urgent reasons.
Lawrence took a heroic stand fo r the laboring and l and less people
o f the United States when he opposed the creation o f a la nd monopoly, a few
against the many.
The peopleTs representative said th at he would i n s i s t
on th is matter and would use h is power in every way p ossib le to see -that
v Globe, 40 Cong* 2 s e s s ., Pt« I I I , p. 2814*
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55
!
•whatever land m s in the future granted to railroads should he in every case
j
required by law to he sold to actual s e tt le r s a t a price not to exceed one
d ollar and a quarter per acre*
In token of h is s in c e r ity he presented a
preamble and resolution Tdiich were read but not adopted because o f the rule
requiring unanimous consent*
Janes Brook3 objected to the Lawrence reso­
lu tio n of June 5j
(
T&ereas i t has been reported that a tr e a ty has
been concluded between the Suited S tates and the
Osage Indians, by the terms of which eigh t m illio n
acres of the public lands of the United S tates are to
be so ld to the Leavenworth, Lawrence, and Galveston
Railroad Company fo r §1,500,000, payable in th ir ty two semi-annual installm ents j and whereas th is Souse
denies that the President and Senate under the trea ty
making power, can s e l l the public domain o f the United
S ta tes, and subvert the homestead and land p o lic y of
the Government, and deprive Congress of the power to
control the d isp o sitio n o f said lands x and whereas
sound p o lic y requires th a t the public lands should be
so disposed of by law as to secure them to actu al
s e tt le r s under the homestead laws: and whereas i t
is unjust and inexpedient to permit said lands to be
owened in large tra c ts so as to be kept from occupancy
and held fo r sa le a t high p rices Therefore,
Eesolved, That the House of Representatives here­
by declares that i t is not competent fo r th e President
and Senate to dispose of the public lands by trea ty
without the authority of an a ct of Congress, and the
Committee on Public Lands are directed to inquire and
report what measures are necessary to a r r e st the uncon­
s titu tio n a l mode o f disposing o f the public lands by
tr e a ty .5^
Brooks was a Ifew York Democrat whom President Johnson appointed
in 1867 as a government d irector on the Union P a c ific Railroad*
This
p o sitio n , and perhaps i l l i c i t fin a n cia l gain, probably accounts fo r h is
objection to the Lawrence reso lu tio n , which was detrim ental to the r a il­
roads as a whole*
56
At le a s t he was not above such underhand methods as h is
Globe, 40 Cong. 2 s e s s ., P t. I l l , pp* 2394f*
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record p la in ly shows.
She House o f Representatives found him g u ilty in
1873 of accepting one hundred and f i f t y shares ($30,000) in the Credit
Slobilier as a "bribe.
57
I t i s clear that Lawrence and Julian wore not defending the Osages
or any Indian trib e when they so "rigorously attacked the Sturgess Treaty.
Their expressions were only th e ir views on a co n stitu tio n a l question where­
in they thought the treaty-making power had exceeded i t s con stitu tion al
lim ita tio n s.
They were opposed to the tr e a ty -sa le system, because i t was
a device with which to evade the democratic control of the public domain
and thus deprive the House o f some of i t s power.
Like the control of
foreign a ffa ir s which is liandled by the treaty-making power, Lawrence and
Julian were simply proclaiming th at they could see the control of the
public domain slip p in g from the hand of demos.
These outstanding men were
not only friends of the landless poor, but co n stitu tio n a lly and p o lit ic a lly
were opposed to the undemocratic prin cip le o f control and d istrib u tion of
the pu b lic’s property by th e Indian tr e a ty -sa le system.
Henry C. 'Whitney was not the only Kansan to m anifest an early
in te r e st in "this tr e a ty .
Soon a fter i t was signed, one of the unsuccessful
railroad men who had vigorously tried to obtain a l l , or a share, o f the Osage
reserve, became disgruntled, fo r reasons commendable or v ic io u s, and im­
plored S . J, Crawford, the governor of Kansas, to go to Washington in person,
i f p o ssib le, otherwise to use h is influence to d efeat the trea ty .
This
vigorous protestant was Colonel Charles W. B la ir , president of the Missouri,
Fort S c o tt, and Santa Fe Railway Company.
Only s ix days a fte r the trea ty
had been signed, he wrote to the governor a t length from h is home in Fort
57M B ., I l l , 78.
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57
Scotts
You know, o f course, th at the tr e a ty in favor
o f Sturgess with the Osages i s completed, although
I fought i t to the h it t e r end; hut you can scarcely
conceive the threats and intim idation th at were re­
sorted to in order to accomplish i t . Your name, as
Governor, was fr e e ly used by then, they saying to
the Indians -feat unless they signed, you would turn
out the K i lit ia , drive them o f f th eir Heservation,
or k i l l them, and they would never get a cent fo r
th e ir lands# They knew I had offered §400,000 more
than Sturgess, and they wanted to s e l l to our road
. . . . . b u t the Commissioners would not permit them.
B la ir further informed the governor that "The tr ea ty makes no pro­
v is io n fo r s e t t le r s , sch ools, or h a lf breeds, but leaves them a l l a t th e
mercy o f Sturgess;
w h ilst our road offered to provide fo r a l l . . . . . "
The m onopolistic e ffe c t of the Sturgess Treaty was a lso explained
to the governor;
as ours.
"The trea ty k i l l s the A.,T.» & S .F . road as e f fe c t iv e ly
In sh ort, i t cheats the Indians and Government, robs the pioneers,
destroys southern Kansas, and completely paralyzes the railroad c a p a b ilities
of the S ta te .
Under these circumstances, we f e e l that we have a righ t to
c a ll on you, as Governor of the S ta te, to protect our in te r e s t by the
ex ercise o f th e influence of your high o ffic e and secure the defeat o f the
fraudulent tr ea ty i f p ossib le."
B la ir requested the governor to writ© to the Kansas senators in
Washington and to the Senate Indian Committee and closed h is le t t e r by saying
he was leavin g the next day (June 3) for 'Washington to " fig h t the trea ty to
58
the la s t."
88S« J. Crawford, Kansas in the S ix tie s (A. C. UcClurg & Co.,
Chicago, 1911), pp. 301ff* "'SereafSer cited Crawford, Kansas. B la ir spent
about three months in Tiashington that summer, and when He returned to Fort
Scott about the middle of August, a group of s e tt le r s with the Fort Scott
band assembled in fro n t o f h is home in token of th eir appreciation fo r the
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I
58
j
!
1f
On June 8,
Governor Crawford began b is opposition to the trea ty
by sending telegrams to the President of the Senate, to 3* F. Wade and
So Co Pomeroy of the Senate Committee on Public Lands, and to (J# F# Julian
of the House Committee on Public Lands,
The governor’s telegraphic message
to these high o f f ic ia ls ■was phrased in strong and no uncertain language i
nThe recent 03age trea ty vas consummated by intim idation and f a ls e represeni
tation*
I ts r a tific a tio n •would be an outrage upon th e Government, a
robbery to -fee Indians and s e t t le r s , and ruinous to ‘this S ta te ,
59
vent the r a tific a tio n u n til I can address you by n a il."
Please pre-
I t cannot tr u th fu lly be said that Colonel B lair alone in cited the
governor of Kansas to a ctio n .
That o f f i c i a l wrote that in addition to re­
ceivin g information through B la ir ’s le t t e r he had learned from McVicar and
others of the nefarious trea ty n eg o tia tio n s, and then he was convinced that
the s ta te and s e tt le r s had been robbed, he began h is opposition to the
SO
tr e a ty .
The day a fte r Governor Crawford sent telegrams to the Washington
o f f i c i a l s , he wrote them and sta te d , among other thin gs, that the treaty had
been concluded in an iniquitous manner;
th at there were ’’residin g upon
■these lands more than 10,000 industrious, enterprising people, many of whom
served in our armies during the la te war, and afterwards emigrated th ith er
fo r the so le purpose o f securing homes fo r themselves and th e ir fa m ilies5';
"gigantic work he had so f a it h f u lly performed in the in te r e st of Kansas and
her pioneer s e tt le r s ." (Fort Scott Press, Aug. 15, 1868, cited by Lula
Lemon Brown in the Cherokee heutral Land”Controversy (The Girard Press,
Girard, Kansas, 1951), p. 13J*
5S"C", "Crawford Telegrams, 1864—1858”, p. 143, £35., in Archives
D iv isio n , KSES.
gA
Crawford^ Kansas, p, 303.
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59
th at i f the Senate sanctioned the tre a ty i t -would disgrace the government;
th at the Osages signed the tr ea ty only because of th rea ts, being told that
the governor -would eith er k i l l or drive them from the sta te ; that the
weans resorted to obtain the assent o f th e Osages ”were infamous and d is 61
gracefu l."
In Crawford’s le t t e r of June 9, he enclosed a memorial which was
addressed to the Senate of the United S ta te s .
the Kansas State o f fic ia ls *
The memorial was signed by
Governor S« J. Crawford, Secretary of State
R. A. Baker, Auditor J. R. Swallow, Treasurer M. Anderson, Attorney General
George H. Hoyt, Superintendent o f Public Instru ction P. JicVicar.
It
sta ted that the trea ty was obtained by th reats and m isrepresentations where­
in the Osages were to ld that the Kansas o f f ic i a ls would make war upon -them
and eith er k i l l or drive them out of Kansas;
that th e Osages had been
fla g r a n tly robbed as the price was inadequate as was evidenced by the fa c t
th at a larger price had been offered;
th at no provision had been made for
th e b e n e fit of th e Kansas public schools or s e t t le r s ;
that the s e ttle r s
and the settlem ent of the former Osage reserve would be subject to the
d ic ta tes o f a monopolist;
that immigration and the b est in te r e st of the
sta te would be retarded;
th at a land cession to private corporations was
62
denounced, but a sa le or cession to the government was favored.
61Ibid. , p . 304.
62 Globe, 40 Cong. 2 s e s s ., P t. I l l , pp. 3257-59; II* Heport Uo.
63, 40 CongT 2 s e s s ., II (1358), 3f; Crawford, Kansas, pp. 304-30$
lemons trance Against the Treaty with the Great end L it t le Osage Indians
(Gibson Brothers, "Printers, Washington, I 8$8 j , pp.
tFhis i s a brochure
by Sidney Clarke, congressman from Kansas, addressed to the United S tates
Senate dated June 24, 1868, a copy of which i s in the Isaac T. Gibson
Papers, a private c o lle c tio n in the possession of A. II. and T. E. Gibson,
607 Grandview, Pawhuska, Oklahoma. Hereafter c ite d as Gibson Papers.
The memorial was also printed in the Kansas Daily Tribune, July 4 , 1868.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
60
On. June 10, a f t e r Governor C ranford had s e n t h i s te le g ra m s, l e t t e r s ,
and d ra fte d th e s t a t e m em orial, he r e p lie d to B l a i r ’s l e t t e r o f th e t h i r d :
nI have w r itt e n and te le g rap h e d S en ato rs Wade, Pomeroy and Ross, and a ls o
Mr. J u lia n , Chairman of th e Land Committee in th e House, e a r n e s tly s o l i c i ­
t i n g t h e i r in flu e n c e a g a in s t th e r a t i f i c a t i o n o f th e t r e a t y r e c e n tly con­
cluded w ith th e Osage Indians’.
”1
t r u s t now w ith what has been done you w i l l he a b le to d e f e a t
th e t r e a t y .
A ccording to George H. H oyt, th e a tto rn e y g en eral o f K ansas,
Governor Crawford s e n t th e Kansas p r o te s t t o Washington fcy h is p r iv a te
s e c r e ta r y , Ward B urlingam e, who was in s tr u c te d to d e liv e r i t to S e n a to r
Pomeroy, i f he were opposed to th e t r e a t y ;
o th erw ise he was to d e liv e r
i t to S en ato r Wade, th e p re s id e n t of th e S en ate.
The Topeka p r o t e s t , say s
H oyt, was n o t d e riv e d from a prim ary knowledge of th e S tu rg ess T re a ty , h u t
was based upon p u b lish e d summaries o f th e t r e a t y which had convinced Governor
Crawford t h a t th e t r e a t y should be d e fe a te d .
The a tto rn e y g e n e ra l s t a t e s t h a t he accompanied Burlingame to
W ashington.
The d a te o f t h e i r d e p a rtu re from Topeka i s n o t g iv en , b u t i t
m ust have been soon a f t e r June 9, because on th e s ix te e n th , Hoyt made a
sworn sta te m e n t i n W ashington.
I n t h i s statem e n t Hoyt s a id t h a t acco rd in g
to h is in fo rm a tio n and b e l i e f , Governor Crawford’ s memorial was s t i l l in
th e cu stody of Burlingam e.
The reaso n f o r Burlingam e’s d iso b ed ien ce t o h is
governor, a cc o rd in g to Hoyt, was t h a t upon re a ch in g W ashington he f e l l u n d er
6 3 Crawford, Kansas, p p . 3 0 6 f.
On page 306 o f t h is book, i t i s
a ls o re v e a le d t h a t th e governor w rote t o , in a d d itio n to th e p erso n s a lre a d y
named, P r e s id e n t Johnson, S enator John B. Henderson of M isso u ri, and Sidney
C larke o f th e House In d ia n Committee.
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61
|
j
th e in flu e n c e o f men who were fr ie n d s o f th e S tu rg ess Treaty*
!
|
Burlingame
p e rm itte d th e s e f r ie n d s of th e t r e a t y to re a d th e Kansas memorial en­
t r u s te d to h i s c a r e .
Then th e y p re v a ile d upon Burlingame* so Hoyt s t a t e d ,
to w ith h o ld th e p r o te s t from Kansas ■while a n e f f o r t was made to have th e
governor o f Kansas w ithdraw i t .
B ut Craw ford, says H oyt, r e p lie d t h a t
th e t r e a t y m ust "be amended so a s to p r o te c t -the r i g h t s o f s e t t l e r s and th e
54
s t a t e ’s sc h o o l i n t e r e s t o r i t m ust he d e fe a te d .
In a d d itio n to th e o f f i c i a l p r o t e s t o f th e S ta te o f K ansas, s e v e ra l
in d iv id u a ls who were i n W ashington to oppose th e r a t i f i c a t i o n o f th e t r e a t y
c o n trib u te d to t h a t end by m aking a f f i d a v i t s on June IS and 16, r e l a t i v e
to th e f a c t s connected w ith th e n e g o tia tio n s o f th e t r e a t y .
These g e n tle ­
men were Z. R. Overman, Solcman Markham, C harles W. B l a i r , and George E.
H oyt.
The f i r s t two named were re p re s e n ta tiv e s o f th e s e t t l e r s .
65
Hoyt
s t a t e s t h a t he opposed th e r a t i f i c a t i o n o f th e t r e a t y , b ecause i t c re a te d
a la n d monopoly which d isre g a rd e d th e rig h ts o f s e t t l e r s , and because a
l a r g e r p r ic e th a n th e one a cc e p ted was o ffe re d f o r th e Osage re s e rv e .
was d e c id e d ly i m p e r i a l i s t i c .
H is id e a was dynamic ex p an sio n .
Hoyt
nWe a r e p ro ­
fo u n d ly d e s iro u s t o g e t th e s e [O sagesJ and a l l o th e r In d ia n s beyond our
b o rd e rs ;
j
I
I
b u t c h ie f ly f o r th e re a so n t h a t th e v a s t t r a c t s o f v a lu a b le land
now w alled i n by In d ia n r i g h t s , a re s a d ly needed f o r th e g r e a t t i d e o f immi-
j
—
-------------------------------------------------
- --------------- ---------------------------
---------------
..
.- —
............................. ............................................................................................................
f
®^Swom a f f i d a v i t of George H. H oyt, made a t W ashington, June 16,
1868, i n C lark e P a p e rs; Kansas and th e Osage Sw indle, A L e t te r to Hon.
S idney C larke from Geo. H« iHoyb, A ttorney-G ene r a l o f Kan sas ('Gibsan B ro th e rs ,
P r i n t e r s , W ashington, 18HT8), e t passim . Copies o f 'tEis"'pam phlet a re a ls o
i n th e Gibson papers and in tHe dsage ISuseum. For an i n t e r e s t i n g . l e t t e r in
■thick Governor Crawford claim ed a sh a re in d e fe a tin g th e S tu rg e ss T rea ty
s e e Samuel J . Crawford to Is a a c T. Gibson, O ct. 28, 1885, in Gibson P a p e rs.
^ E . Report Ho. 63, 40 Cong. 2 s e s s . , I I (1 3 5 8 ), 5 -1 3 ;
D a ily T rib u n e, 'Ju ly 4*7~13'^5'.
Kansas
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62
g r a tio n 'which is s-weeping in to o u r S t a t e .
ss
On June 175 A lexander B e v e tt, th e o f f i c i a l U n ited S ta te s i n t e r ­
p r e t e r f o r th e P r e s id e n t's commission, expressed h im se lf upon th e S tu rg ess
T re a ty , which, he had tr a n s la te d to h is fe llo w -trib e sm e n a t th e n e g o tia tio n s .
The i n t e r p r e t e r 's l e t t e r is i n t e r e s t i n g and in fo rm a tiv e :
"Everybody do
n o t l i k e th e t r e a t y a t a l l , f o r we a l l lo o k upon t h i s t r e a t y as a p e r f e c t
humbug.
To th e b e s t of my o p in io n , I am compelled to th in k t h a t o u r Osage
Chieves ad f ~sic] b rav es were u n d au g h tly s c a r te |r'sic ~ | in to i t .
th e re fo re
we would a s k o f your honor to h e lp us p o o r o sag es, ad C sic "3 t r y to have
t h i s t r e a t y to p lay o u t,
7fe r a th e r f o r i t n o t to be r a t i f i e d by th e G reat
i 'a t h e r . . . . »n
^6Kansas and th e Osage Sw indle, p . 11.
S7«S% A lexander B e y e tt's l e t t e r d ated Jane 17, 1868 w ith no su p er­
s c r i p t i o n In d ia n Pam phlets, IV , Ho. 7, 5 , Kansas S ta te H i s t o r ic a l S o c ie ty ,
Topeka, K ansas, fe e Osage T re a ty , p , 5 . This is an e ig h t page pam phlet
sig n ed by Henry C T ^ h itn e y . [ n .d , and n .p /J A copy may be found in both
th e C larke Papers and th e Osage Museum.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
I
i
!
CHAPTER I I I
THE STuP.GISS TRE&.TT (C ontinued)
Congressman Sidney C la rk e, o f Kansas, re p o rte d f o r th e House
In d ia n Committee June IS , 1868, r e l a t i v e to th e P r e s id e n t’s message and
th e papers accompanying i t r e l a t i n g to th e S tu rg ess T re a ty , which had
been r e f e r r e d to h is committee on th e e le v e n th .^
The fin d in g s o f C la rk e ’ s
committee as he re p o rte d them, a re summarized s (1 ) The S tu rg e ss T re a ty
2
•was p re p a red in Tfashington. b e fo re th e commissioners l e f t to n e g o tia te
w ith fe e O sages.
(2)
Th© Leavenw orth, Lawrence, and G alveston R ailro a d
Company was to re c e iv e 8,000,000 a c re s o f la n d a t a b o u t n in e te e n c e n ts p e r
a cre.
(3) The plan o f payment was $100,000 upon r a t i f i c a t i o n o f th e
t r e a t y and th e n $1 0 0 ,0 0 0 a n n u a lly u n t i l $1,600,000 should have been paid*
F ive p e r c e n t i n t e r e s t was to be p a id on d e fe rre d paym ents, b u t no s e c u r­
i t y was provided ex ce p t th e bonds o f th e r a ilr o a d company.
(4) The S tu rg ess
T re a ty provided no p r o te c tio n to th e s e t t l e r s on th e dim inished Osage r e ­
serve*
These were l e f t t o th e mercy o r c u p id ity o f th e r a ilr o a d company.
(5 ) The M isso u ri, F o rt S c o tt, and S an ta Pe R ailro ad Company had o ffe re d
a h ig h e r p r ic e ($ 2 , 0 0 0 , 0 0 0 ) and b e t t e r te rm s , wnioh were n o t even co n sid ­
e re d by th e commission th a t n e g o tia te d fe e S tu rg ess T re a ty .
( 6 ) Ho p ro -
•^ Supra, p* 51*
^A ccording to a b i t t e r opponent o f th e t r e a t y , i t was d ra fte d b y
Thomas Ewing, J r . , a W ashington a tto r n e y . (Henry C. ?<hitney, The Osage
T re a ty ( n .d . and n . p . ) , p® 2 ) .
63
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64
v is io n was cade in th e S tu rg ess T reaty f o r Kansas p u b lic sch o o ls by p ro­
v id in g land f o r th e same.
(7 ) According to th e su rv ey of th e Leavenworth,
Lawrence, and G alveston R ailro a d Company, th e proposed road would n o t even
touch th e Osage dim inished re s e rv e ,
(o ) The Osage la n d i n q u e stio n should
s e l l to a c tu a l s e t t l e r s a t one d o lla r and tw e n ty -fiv e c en ts p e r a c re o r
m ore.
(9) The Osages were im properly in flu e n c e d a t th e n e g o tia tio n of th e
t r e a t y and had nev er been s a t i s f i e d with, e i t h e r th e p r i c e , o r th e s e c u r i­
t i e s th e y were o ffe re d .
(10)
The House In d ian Committee opposed In d ian
lan d c essio n s except to t i e U n ited S ta te s Government.
(11) The S tu rg ess
T re a ty v io la te d th e r ig h t s of s e t t l e r s , was u n ju s t t o th e O sages, and was
u n f a i r to th e ta x payers o f K ansas.
(12) The Osage la n d in q u e stio n was
enough to endow s e v e ra l r a i l r o a d s .
To t h i s House r e p o rt m s appended th e p r o t e s t o f th e Kansas S ta te
o f f i c i a l s and th e a f f i d a v i t of Z. R. Overman, who m s an eye w itn e ss a t th e
c o u n c il on Drum C reek.
3
Hie language of a Eouse r e s o lu tio n of th e same d a te i s in d ic a tiv e
o f th e sentim ent o f th a t bodyt
R esolved, a s th e sense o f th e House o f R epresen­
t a t i v e s , t h a t th e t r e a t y concluded on th e 2 7 th day o f
Hay, 1368, w ith th e G reat and L i t t l e Osage t r i b e o f
In d ia n s , b u t in i t s express term s and s t i p u l a t i o n s ,
and in th e means employed to se c u re t h e i r accep tan ce
b y th e In d ia n s , i s an o u trag e upon t h e i r r i g h t s ; t h a t
in tr a n s f e r r in g to a s in g le r a ilr o a d c o rp o ra tio n
8 , 0 0 0 ,0 0 0 a c re s o f la n d , i t n o t only d isre g a rd e d th e
r ig h ts and i n t e r e s t o f o th e r r a i lr o a d c o rp o ra tio n s in
th e S ta te o f Kansas, and b u ild s up a f r i g h t f u l land
monopoly in d e fia n c e of th e j u s t r ig h t s o f th e s e t t l e r s
and o f th e people o f th e U nited S ta t e s , b u t i t assumes
th e a u th o r ity re p e a te d ly denied by t h i s house to d isp o se
of th e s e lands by t r e a t y , o th erw ise than by a b so lu te
R eport Ho. 63, 40 Cong. 2 s e s s . , I I (1 3 5 8 ), 1 -5 ; Globe, 40
Cong. 2 s e s s ., P t . ITT, pp. 3256fj Kansas D a ily T rib u n e, J u ly 4 , 1868.
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65
c e s s io n to th e U nited S t a t e s , and f o r purposes f o r
■which Congress alo n e i s com petent to p ro v id e .
R esolved, As th e sense o f t h i s h o u se, t h a t
th e o b je c ts , te rm s, c o n d itio n s , and s tip u la tio n s
o f th e a f o r e s a id p reten d ed t r e a t y a re n o t •w ithin th e
tre a ty -m a k in g power, n o r a re th e y a u th o riz e d e i t h e r
by th e C o n s titu tio n o r lams o f th e U n ited S t a t e s ;
and th e re fo re t h i s house does h ereb y solem nly con­
demn th e same, and does a l s o , e a r n e s tly b u t re s p e c t­
f u l l y , ex p ress th e hope and e x p e c ta tio n t h a t the. A
S enate w i l l n o t r a t i f y th e s a id p reten d ed t r e a t y . *
Clarice 1s re p o rt on th e fin d in g s o f th e House In d ia n Committee and
an e x t r a c t o f th e House Jo u rn a l c o n ta in in g th e House r e s o lu tio n s were l a i d
g
b e fo re th e S en ate th e n e x t day.
In a d d itio n to th e r e p o r t o f th e House In d ia n Committee and th e
House r e s o lu tio n s , Congressman Clarke on June 15 added h is p e rs o n a l a n tip a th y
to t h e f i g h t a g a in s t th e t r e a t y .
At t h i s t i n e C lark e chose to uphold th e
r ig h t s o f th e s e t t l e r s and to oppose th e la n d monopoly which would have
been c re a te d by th e t r e a t y .
In a tta c k in g th e t r e a t y C larke s a id th e Osage
r e s e r v e , w hich he d e sc rib e d as b e in g 250 m ile s from e asb to w est and 50
from n o r th to so u th and c o n ta in in g e ig h t m illio n a c r e s , mas w orth one d o l l a r
and f i f t y c e n ts p e r a c r e , o r tw elve m illio n d o l l a r s .
This la n d , C larke
contended, p ro p e rly belonged to th e p u b lic domain, which in t a r n belonged
to th e ’’la n d le s s m illio n s i n a l l p a r ts of th e c o u n t r y . . . . . ”
I t i s e v id e n t, from C la rk e ’ s a t ta c k upon th e S tu rg e s s T reaty on
|
% • M s e . Doc. Ho. 98, 40 Cong. 2 s e s s . , (1319); E. R eport
Ho. 63,
40 Cong. 2 ~ se ss• , H ” (13’b§r) , " ^ .
A Kansas newspaper r e p o r t g iv e s a n i n t e r e s t i n g d ig re s s io n in th e
w ording and meaning o f th e l a s t r e s o lv e . The newspaper v e rs io n reads*
"R esolved, That t h i s House does hereby solem nly and e a r n e s tly p r o t e s t a g a in s t
th e r a t i f i c a t i o n of s a id p re te n d sd t r e a t y b y th e S e n a te , and w i l l f e e l bound
to re fu s e any a p p ro p ria tio n s in i t s b e h a lf , o r t o re c o g n ize i t s v a l i d i t y in
any form” . (Kansas D a ily T ribune, J u ly 4 , 1868).
3 2 7 8 f.
®Globe, 40 Cong* 2 s e s s . , F t . I l l , p . 3171;I b i d . , Pt*
-------------
IV, n o .
i
i
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I
!
s
66
June 1 83 t h a t he f u l l y recognized th e v o ice o f th e Kansas s e t t l e r s
as a
|
!
p o te n t f a c t o r i n th e d is p o s a l o f th e Osage re s e rv a tio n *
He s a id :
c o n s titu e n ts demand p r o te c tio n from a l l system s o f lan d monopoly*”
To
su p p o rt t h i s c o n te n tio n he had th e c le r k of th e House read from, th e
Laurence T rib u n e, among o th e r th in g s s -this sta te m e n t with, re fe re n c e to
th e S tu rg e ss T re a ty t
"This i s u n reaso n ab le and u n ju s t, n o t p a r t i c u l a r l y
to th e Indians* f o r we do n o t go huoh on Mr. *Lo* b u t to th e hardw orking
h o n e st s e t t l e r s of K ansas«"
6
In th e House o f R e p re s e n ta tiv e s , th e s e t t l e r s o f Kansas p ro b ab ly
d id n o t have a b e t t e r f r ie n d and champion th a n Congressman J u lia n *
He
was th e most form idable a n ta g o n is t o f th e t r e a t y - s a l e system i n g e n e ra l
and o f th e S tu rg e ss T rea ty i n p a r tic u la r *
On June 18 he a d d re ssed th e
House, say in g s
In 1861 we began t h i s p o lio y o f s p e c ia l t r e a t y
s t i p u la tio n s by which th e j u r i s d i c t i o n of Congress
o v e r th e p u b lic domain has been to a v e ry g r e a t ex­
t e n t overthrow n in th e i n t e r e s t of m onopolists and
th ie v e s ; and, s i r , t h i s Osage In d ia n t r e a t y i s th e
crowning flo w e r and f r u i t , th e ric h cu lm in a tio n o f
th e system* I t has grown worse and w orse, and more
and more d e f ia n t, because i t h a s been unchecked in
i t s c o u rs e ; and t h i s l a s t r ip e p ro d u ct o f i t s in ­
f e r n a l achievem ent goes v e ry f a r to make re s p e c ta b le
th e o rd in a ry th ie v e s and p ic k -p o c k ets who have found
t h e i r way in to th e j a i l s and p e n i te n tia r ie s o f o u r
c o u n try * '
I t sh o u ld n o t be assumed t h a t th e f r ie n d s and b e n e fa c to rs of th e
S tu rg ess T re a ty were in a c tiv e w h ile a l l th e ad v erse a c t i v i t y in th e House
and in Kansas was ta k in g p la c e .
6 I b id . ,
P t. I ? , p* 3261.
7 Ib id * ,
p* 3264.
A fte r C larke*s House r e p o r t , presum ably
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67
v e ry soon, a pam phlet
g
tie s
•written,
by
f o u r fr ie n d s o f th e tre a ty *
Two o f
th e s e men, I* S. E allo ch and C. Hobin s on, were d ir e c to r s f o r th e Leavenworth,
Lawrence, and G alveston B a ilro a d Company.
g
A. IT. B laek led g e m s s e c r e ta r y
o f th e S tu rg ess T rea ty commission, and Ifeu Babcock, an I l l i n o i s man, was
re p u te d to be in tim a te w ith W illiam S tu rg ess and th e d ir e c to r s
The R ailro a d Pamphlet s t a t e s t h a t i t s purpose was to deny th e
charges o f fra u d and m is re p re s e n ta tio n which had been made in th e rep o rb o f
th e House In d ian Committee on June 18*
I t was a s s e r te d by th e s e f r ie n d s o f
th e S tu rg ess T reaty t h a t th e S enate was th e p ro p e r a u th o r ity to c o n sid e r
th e m e rits o f th e t r e a t y , and t h a t th e Senate shoe,Id be a b le to d e te c t
w hether anyth in g m s wrong o r fr a u d u le n t, o r w h eth er th e t r e a t y m s un­
w orthy o f confirm ation*
This pam phlet f u r th e r s e t f o r th t h a t ih e House
J
In d ia n Committee in I t s in v e s tig a tio n had h e a r ly o n ly th e enemies o f th e
S tu rg ess T re a ty , w hile in a d d itio n t o th e s ig n e r s , W illiam S tu rg e s s , and
D r. B. Feyton Brown were in th e c i t y o f Washington and e ag e r to appear be­
fo r e th e House In d ian C o m m ittee.^
^The Osage T re a ty . A pam phlet a d d re ssed to th e Senate Committee on
In d ia n A f f a ir s '" and signed by I . S . E a llo c h , C. R obinson, A. H. B laekledge,
.And Tffia* Babcock* (n*p*, June 18, 18S8. One appendix i s d a ted June 19,
1S58). To avoid confusion w ith a n o th er pam phlet by th e same name i t w ill
h e r e a f t e r be c ite d , The R ailro a d Pamphlet. A copy o f t h i s pam phlet may be
found i n th e Sidney Clarice P a p e rs, a p r iv a te c o lle c tio n owned by a so n ,
Sidney C la rk e, 729 Broadway, Shawnee, Oklahoma. nCH, A lso in ih e Osage
I&seum, Pawhuska, Oklahoma* For th e meaning o f symbols see L is t o f Symbols*
^E alloch p u b lish ed th e Lawrence .Jo u rn al and C h arles Robinson was
th e f i r s t governor o f K ansas. (Kansas’ H is to r ic a l C o lle c tio n s , VI (18971900), e t passim )*
^ K a n sa s and th e Osage Sw indle, re v e rse o f p . 4*
11
The opponents of th e S tu rg ess T reaty claim ed t h a t Congressman
C larke had in v ite d I* S . K a llo ch , a d i r e c t o r o f th e Leavenworth, Lawrence,
and G alveston R ailro ad Company to a tte n d th e House In d ia n Committee h e a rin g s .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Hie pamphleteers, in th e ir reply to Clarice’s House report, further
stated th at during the negotiation of the trea ty the Osages "were l e f t to
th e ir own free and voluntary choice—”, exoept fo r an unnamed person, who
preceded the commission to the Osage country and used h is influence to
keep the Indians from signing the tre a ty .
Charles W. B la ir, president of
the M issouri, Fort S c o tt, and Santa Fe Hailroad Company, was accused, in
the Hailroad Pamphlet, of in c itin g the charge o f fraud again st the Sturgess
Treaty commission.
And i t was a p tly pointed out, th at B lair could have been
quieted by being permitted to share in a d iv isio n of what he la te r was
pleased to c a l l iniquity*
The pamphleteers substantiated th is a ssertio n by
reproducing B la ir ’s le t t e r o f May 18 in which he tr ie d to harmonize the
in t e r e s t s o f the two competing railroad s by o ffe r in g to lim it h i3 purchase
to only cno-third of the Osage reserve on the same terms as those to be
accorded the Leavenworth, Lawrence, and Galveston Hailroad Company. 12
Congressman Clarke did not confine h is a c t iv it ie s to the House of
Representatives in opposing the tre a ty .
Ee appealed to the Kansas Senator,
Pomeroy, on June 20, to aid him "in saving our sta te from the monstrous
wrong the tre a ty contemplates in it s present form.”
Clarke wanted the
trea ty changed, so that the S tate of Kansas would become the purchaser of
the Osage reserve*"^
On the same day (June 20) Clarke a lso wrote the chairman of the
They a lso claimed that other friends of the tr ea ty were in vited but did not
attend because they did not think that the. House had any authority to in ­
v e stig a te the Sturgess Treaty* (Kansas and the Osage Swindle, p* 4 ).
IP
The Railroad Pamphlet, et passim*
1S”C«, Sidney Clarke to S . C* Pomeroy, June 20, 1868, in Clarke
Papers•
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69
Senate Indian. Committee asking for permission to appear before the committee
a t the e a r lie s t moment on behalf of h is constituents on the trea ty th at had
ju s t been concluded with the Osages.
He a lso informed the Senate Indian
Committee chairman th at he m ated to amend the trea ty by su b stitu tin g fo r
the Leavenworth# Lawrence, and Galveston Railroad Company the State of
Kansas as purchaser with the condition that the proceeds from the Osage land
sa le s should be used fo r internal or public improvements in Kansas
Same time in June, 1868 Henry C. Yfoitney, nmo sty led him self a
c itiz e n o f Kansas# wrote a pamphlet# The Osage Treaty#
some in te r e stin g railroad information*
15
in which he imparts
He t e l l s o f the g ifts or subsidies
which had already been made to the Leavenworth# Lawrence# and Galveston
Railroad Company and s ta te s that they far exceeded the usual subsidy of
altern ate section s o f land in the country through which railroads passed.
The pamphlet i s b r ie f ly summarized t
Kansas had already granted the
Leavenworth# Lawrence, and Galveston Railroad Company 125,000 acres;
Douglas County had given $300,000 in county bonds# and Franklin County had
donated $200,000*
Further# the railroad company was promised $250,000, in
bonds, from. Anderson County# and $122,000 in bonds# from A llen County.
^C larke to John B. Henderson# Senate Chairman of Indian Committee,
June 20# 1868, in Clarke Papers. A fa csim ile of t h is le t t e r i s facin g p.83.
Simply to change the b en eficiary of the tr e a ty would hardly seem
the b est method of r e liev in g i t of th e objectionable features to which Clarke
was so much opposed.
^3jo publisher or date, except the word "June”, i s given# nor i s
there any sup erscrip tion , but obviously i t was intended for the Senators.
An Osage p ro test against the Sturgess Treaty is included in the pamphlet.
The Osage p ro test was sworn to on June 24, in Ueosho County, Kansas. A
copy of th is pamphlet may be found in the Clarke Papers; Indian Pamphlets#
IV# Ho* 7# KSBSj CM* I t was a lso printed in the Lawrence K aily Republican,
July 1# 1868.
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70
However. the railroad company m s demanding th a t the la t t e r subsidy should
be increased to §244,000.
In addition to a l l o f the above mentioned aid
Ih itn ey sta te s that Sturgess was to receive "ten. square m iles of land for
every m ile of road which he builds* as an absolute g r a t u it y ....."
Whitney’s
pamphlet a lso says that i t had been p u b licly stated th at th e two remaining
cou n ties, JJeosho and Labette, were each to contribute §250,000 in bonds.
This aid to the Sturgess railroad was independent of and in addition to
what the treaty conveyed, assorted M iitney.
He explained the origin of
railroad tr e a tie s by saying that unfair purchases, which he likened to the
proposed Sturgess Treaty, had been allowed because the land through which
railroads were to run was Indian land, and the railroads could not be
granted the usual a ltern ate se ctio n s.
Therefore, Ihibrey said , the new
procedure was to allow the railroads to purchase the Indian land at a very
low p rice.
But in th is particular instance, i t pointed out, the proposed
railroad would miss the Osage reserve by twenty m iles.
Therefore, "Ekitney
reasoned, the Sturgess Treaty was a pure land speculation, because the
en tire building of the Leavenworth, Lawrence, and Galveston Railroad had
been already contracted to T
tf. S . rotnin & Co.,
imS
by Sturgess.
7«nitaey de-
Ac cording to h isto r ic a l information compiled by the Atchison,
Topeka and Santa Fe Bailroad Company, which la te r purchased the Leavenworth,
Lawrence and Galveston Railroad Company, Whitney’s statement r e la tiv e to
the contractor was tru e. "A resolu tion of appreciation found in the
secretary’s record fo r Jan. 29, 1868, indicates th at ife. S* Botvin and Co.
of Chicago were the general con tractors.” (The Atchison, Topeka and Santa
Fo By. Co. - Eastern Lines, H isto rical Information Compxled to ““A s sis t In
':EEe—S'steraiination ot Lengths of Construction Periods-Leavenworth, Lawrence
had Galveston Railroad’ Co., Lawrence to C o ffey v ilio ,’- 35 • , "in" Engineering
DivisTon’i""FlTe''2EE4=?7 W o , T opekk7"Jan."7^ S257“Joir# 156, Sheet 2 of
6, General O ffices, Topeka, Kansas. The blue p rin t from which th is in ­
formation was taken i s in a fold er marked "Parsons Osage Letters" in the
Osage Museum a t Pawhuska, Oklahoma.
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nounced the Sturgess Treaty as a fraud t&ieh "exceeded in Iniq uity say of
i t s 1illu s tr io u s predecessors.*"
,
The pamphlet o f denunciation closed w ith
a p ro test from the Osages against r a tific a tio n of the tr e a ty .
This p ro test was signed a t the home of Alexander Beyett
dated June.
17
and was
The p rotest m s addressed to the President of th e United States
and the United S tates Senate.
In substance i t stated th at the Sturgess
Treaty did not represent the wishes of any considerable part of the trib e
when i t was signed;
and th at by threats and promises the Osages were in­
duced to sign i t against th e ir w i l l .
One promise, according to the p ro test,
m s th at the Osages would be permitted to remain in Kansas fo r four or
f iv e years and would then be furnished transportation to th e ir new home*
I t was a lso promised the Osages th at that portion o f th e ir money then going
in to a general Indian C iv iliz a tio n Fund for the b en efit of a l l Indians as
provided in A rticle 1, of th e Osage Treaty o f 1865, would be se t aside for
the exclu sive use of the Osages.
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The Osage p rotest also contains the s t a t e -
-^At th is time Beyett liv ed and ran a store on Elk River about eight
m iles north o f Independence, Kansas.
^ A r tic le 8, o f th e Sturgess Treaty a c tu a lly corrected the error
which the Commissioner of Indian A ffa irs, II* G* Taylor, admitted had been
made in the trea ty which m s approved January 21, 1867 and i s commonly called
the Osage Treaty of 1865. (W. S. F itzp atrick (Comp.), Treaties and Laws of
the Osage Uation as passed to Sovember 26, 1S90 (Press o f the CecEar Tfeie
Commercial, CedarTale, Kansas,
}, p* 3S; Charles J. Kappler (Comp.),
Indian A ffa ir s, Laws and T reaties, 2 e d ., (Government Printing O ffice,
Washington, 1904), I I , "679';' ftrlnted Records of the Court of Claims Uo. 518,
"Osage Sat ion v . United States &o* B-53 > P * T S T ; H« B e . D o c , ifo. 31?7 Pfc.
ITT, 40 Cong. If s e s s ., TTX (1345), 17). The general C iv iliz a tio n !Pund grew
ex clu siv ely out of the sa le o f Osage lands. The s e ttin g up o f a C iv iliz a tio n
Fund fo r a l l Indians out o f Osage funds was an error, as fa r as Osage in ­
ten t was concerned, but i t has n ot, to th is day, been corrected by a refund
to the Osage tr ib e . However, Wesley E. Disney, representing the third con­
gression al d is t r ic t of Oklahoma, being convinced that the funds which the
government received from the sa le o f Osage lands in Kansas and placed in the
general C iv iliz a tio n Fund m s a mistake, urged the House Indian Committee a t
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72
meat th at instead of using the lawful in terp reter, irresp on sib le persons
were used in mi am the Osages had no confidence*
p rotest very emphatically*
iv
w
* 4*
The Osages closed th e ir
"We are sorry we did it*
We do not want you
4 +w- #. It
jr
This p ro test of the Osages was signed by only ten men, because,
as the document s ta t e s , th e r e s t were away on a b u ffalo hunt.
However, f iv e
o f the ten sign ers were then, and continued to be, among the most in flu ­
e n tia l members o f the tr ib e , and therefore extra weight probably should be
attributed to th eir words.
These f iv e were White Hair, prin cip al c h ie f of
the Osage hation; Hard Hope, ch ief counselor of the Osago ITation; Wopawalla,
ch ie f o f the L ittle Osages; Chetopa, ch ief counselor fo r the L it tle Osages,
19
and L it t le Beaver, second ch ief of White Hairts band.
The press contributed to the tre a ty controversey by heaping up a
fanfare that could not be ignored.
As ea rly as June 4 , the Hew York Herald
published a sto ry sta tin g that a b etter bid than the one accepted had been
made to the Osages by C. W* B la ir, but that the Taylor commission had paid
no atten tion to the b ette r p r ice .
The Hew York paper also d isclosed th at
the trea ty made no provision fo r the Osage half-bloods or the Kansas public
s c h o o ls .^
The press o f Kansas repeated the s to r ie s of fraud, th r e a ts, and
d ec e it which, i t was claimed, were practiced upon the Osages to obtain the
the la s t sessio n of Congress (1939) to approve authorization fo r the appro­
p riation of $776,000 to be refunded to th e Osages to correct the error of
1865. (The D aily Oklahoma^ A pril 6, 1939).
*% hitney. The Osage Treaty, lo c . c it * , pp* 5-7#
20
Reprint in The Fort Scott Monitor, June 17, 1868.
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Courtesy A. C. KbClurg & Co.
Sanuel J. Crawford
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treaty*
Among the f i r s t to denounce the trea ty was the Fort Scott Monitor*
This paper oontended that the tr ea ty m s "cut" and "dried* before the trea ty
commissioners reached the Osage country and that a large lobby accompanied
them*
The tr ea ty m s declared by the Monitor to be th e greatest o f the land
swindles*
This paper also asserted that the Osages had been "bullied",
"wheedled", and bribed into signing it*
21
A fortn igh t la te r the same paper published another story in which
i t m s asserted that i t m s p u b licly declared by those who assumed to speak
for President Johns on *s commission th at the treaty m s drawn and agreed upon
in Washington by the leading members of the Senate from two p o lit ic a l
p a rtie s, th at th is group m s too powerful to be withstood, and that the
Sturgess Treaty would haTe to be confirmed by the Osages %s o r ig in a lly drawn.
R elative to the co m issio n not permitting the Osages to s e l l th e ir reserva­
tio n to any railroad company except the Leavenworth, Lawrence, and Galveston
the paper further stated:
"The truth of th is i s corroborated by the fa c t
that the Commissioners, a l l of them, without exception, stated repeatedly
to white men, in reply to urgent en treaties to divide the lands among two
*
or three roads, that no tr e a ty could or would be r a tifie d by the Senate un­
le s s the whole of the lands were given to th is one Company*"
Furthermore, according to th is same issu e o f the above mentioned
paper, the Osages were denied the p riv ileg e of having white advisers a t th eir
conferences with the commission unless the commissioners were permitted to
s e le c t the advisers*
According to th e same source i t m s stated th at one of the commissioners
2^-Issue of June 10, 1868*
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74
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p u b licly to ld the Osages th a t th e ir annuity goods, provided fo r in a former
tr e a ty , would not be delivered to them unless they signed the Sturgess
Treaty.
On th is point the Monitor further wrote * "seemingly, in pursuance
of t h is th rea t, said goods were re-loaded into the wagons which had brought
them to the council grounds;
and i t is equally certain that said goods
were not d istrib u ted u n til a fte r the treaty had been signed."
Also the
paper quotes the Osages as sta tin g , among other th in g s, th at no presents
would be given then and no pay would be forthcoming fo r the land already
purchased under the Osage Treaty of 1865 unless they signed the Sturgess
Treaty.
The Osages further sta te d , according to t i e paper, that they were
to ld th at Kansas would make war upon them and drive then to the plains tdiere
22
they would be decimated by the Arapahoe s .
Thus i t seems that the Presi­
dent's commission placed the Osages between two foess
th e Arapahoes and
the Kansans.
From the f i r s t the Monitor took an a ctiv e part in the f ig h t against
the Sturgess Treaty.
On July 4 i t published a f u l l report of a l l the
speeches and papers bearing upon the trea ty .
S ix thousand extra copies of
th is issu e were printed and distribu ted to the people o f Kansas "to show
them what a stupendous, damnable, outrageous swindle i s about to be perpe­
trated on the people and State o f Kansas."
On the a ttitu d e o f the Kansas press the Monitor a lso observed th at
the e n tir e press of Kansas, exoept the Lawrence Journal and the Ottawa Home
Journal and one or two le s s pretentious papers, were opposed to the trea ty .
The same a r tic le contains the declaration that both of the Senators from.
Kansas were fo r r a tific a tio n o f the trea ty while Congressman Sidney Clarke
22June 24, 1868.
'
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had "stood up lik e a true representative of the people* and fought manfully
fo r Kansas."
The extra ed itio n of the Monitor oarried i t s fig h t to the
people by proclaiming t
We w i l d lik e to know how our Senators are going
to j u s t if y a vote fo r the r a tific a tio n o f th is damnable
and dastardly outrage on the people of Kansas, and the
pioneers who are not able t o pay railroad p rices fo r
w ild lands. They c er ta in ly cannot have the oheek to
say th at they did i t fo r the good of Kansas, when nine
tenths of the people, and nearly the en tir e press of
the S ta tei are against i t . 23
The Kansas S ta te Teachers’ A ssociation in a meeting a t Emporia
unanimously adopted resolutions on July 9 p rotestin g again st the r a t if ic a ­
tio n of the treaty#
The teachers of the s ta te declared th e tr e a ty , which
proposed to surrender one-sixth o f the s ta te to a fo reig n c a p it a lis t , to
be an outrage upon th e c itiz e n s and an in su lt to the s t a t e .
A blow fo r
education was struck when the a sso cia tio n declared "That the education of
the people i s of paramount importance to the enriching o f any private
corporation."
The secretary, M. J. Watson, was directed to send th e reso-
24
lu tion s to iiie senators, to the congressmen, and to the press of the s ta te .
The a sso cia tio n la t e r :objected to th e trea ty a fte r i t had been amended to
reserve only one sec tio n out of each township
fo r public school purposes.
The teachers pointed out that even under the proposed school land amendment
the s ta te would s t i l l lo se 250,000 acres.
In trying to safe-gu&rd the educa­
tio n a l in te r e s t of the S tate of Kansas, the teachers passed another resolu tion
which read:
"we deprecate the ruinous and unjust p o licy of a lien a tin g th ese
Indian reserves to corporations and c a p ita lis ts without securing the proper
23July 6, 1868.
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^Iaw rence D aily Republican, July 9 , 1868.
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25
quote, to our public sch o o ls.”
From the context of th e resolution i t
■would seem th at the Kansas S tate teachers * A ssociation would have considered
the treaty and i t s provisions in a d ifferen t lig h t had tho public schools
of Kansas received section s six te en and th ir ty -s ix in each township on the
Osage reserve.
Therefore, i t was not defeat of the tr e a ty as such that the
association -wanted;
nor did i t desire to prevent a wrong to the Csages.
tJhat they wanted was land.
Congress had obligated i t s e l f , when Kansas was
admitted into the Union in 1861, to reserve section s six teen and th ir ty s ix in each township of the public domain for public school purposes.
Indian reservations were s p e c if ic a lly exempted from th is provision.
26
Yet i t
might be tru th fu lly stated that the teachers of Koasas, in th e ir fig h t on
the Sturgess Treaty, thought they wore working for th e ir ju st rig h ts.
The Lawrence C ity Council was a civic-minded body that approved of
the trea ty with some suggested amendments.
These Few England people wanted
the Osage land t i t l e extinguished in Kansas, because they thought i t would
be a means o f preventing c o llis io n between te e white s e ttle r s aid the Osages*
The c it y council thought i t was "just and proper” for a railroad company to
become the purchaser because wThe removal of the Indians [Osages]is im­
p era tiv ely demanded by the b est in te r e st of the S ta te, since th e ir remaining
longer here retards settlem ent, prevents development of a large portion of
te e S ta te, and in v ites deplorable murders and c o llis io n s between teem and
the w hites.
printed circu la r o f the State Teachers* A ssociation resolutions
passed a t Manhattan on June 29, [ 1 8 6 9 ] , in Clarke Papers.
2612 S ta t. L ., 127, Sec. 3.
^Lawrence D aily Republican, July 11, 1868.
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77
Rig Osage M ss ion Journal m s published on the Osage ceded
near the Osage diminished reserve.
declaring!
28
land
This paper made i t s a ttitu d e clea r by
“we f e e l i t our duty in behalf of the s e tt le r s on these lands
to say . . . . We have never y et seen a s e t t le r on these lands who i s in
favor of the trea ty or who does not condemn i t in the most b itte r tern s,
knowing and fe e lin g i t to be a fraud and swindle perpetrated upon the
s e t t le r , the Indian and the Government."
This friend-of-hhe-people even
opposed the tr e a ty a fte r i t was amended to provide for government appraisers
who should s e t the price on the land fo r the s e t t le r s .
The disapproval of
the land-appr&iser amendment was based upon the s e t t le r 's fea r th at a3
Sturgess had been able to buy the commissioners that negotiated the trea ty ,
he might be able also to buy the appraisers.
The editor of th is paper thought
that the so ld ie r s and c itiz e n s —the fig h ters and ban payers should have the
public domain..
liot only did th is l i t t l e country paper empress a clear
philosophy on the theory of public domain, but i t a lso advised i t s readers
how to bring about a p ractical solu tion of the problem.
I t stated th at the
people were the government, and from th eir agents or servants they should
demand, "Their n ig h ts, Which. Come 3efore That of Land Sharks or R. R .'s . or
monopolist of any kind."
The editor used a succin ct phrase which made h is
p o sitio n on the matter quite clears
monopolies never."
"The white man f i r s t j
the Indian next;
29
These p a tr io tic , emphatic, and arousing statements were
SO
only swaddling clothes*
1 few days la te r when the same papsr was again
*^See ( 2 ) on map facing p. 1.
^August 5a 1858, published a t Mission Town, now S t. Paul, Kansas.
SOlts founder, John H. S c o tt, put out the f i r s t issu es of the paper
on August 5 . (W« ¥ . Graves, h isto ry o f Seosho County Hewspapers (The S t.
Paul Journal, S t. Paul, Kansas', 1938), p. 'S'; ' The S t . Paul Jbu'raa.1, Aug. 4,
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d iscussing the tr ea ty , i t formulated a clear cu t, concise s e t t le r and r a il­
road p o licy in these words, "Land for the farmers and money for the r a il­
road s." ^
Perhaps the fo rcefu l phrases and tim ely advice of the new ed itor,
John H. S c o tt, roused the sleepy v illa g e r s to action.
In three weeks from
the f i r s t issu e o f the Journal, Mission Town.^in mass meeting, unanimously
passed resolutions protesting th e r a tific a tio n of the Sturgess Treaty.
The resolution o f these s e tt le r s on the Osage ceded land called the trea ty
a swindle and a fraud.
I t seems that these old rugged pioneers knew how
to be s te m as w e ll as gratefu l in th eir p o lit i c s .
A fter condemning Senator
Pomeroy as being personally responsible fo r defeating a Julian b i l l , which,
was favorable to them, they sa id , "we condemn the en tire proceedings of
Senator Ross in a l l questions rela tin g to these [0sage~3 lands."
At th is
same meeting the s e ttle r s tendered Congressman Sidney Clarice a vote of
32
thanks fo r the manly course he had taken in th e ir b eh a lf.
The Sturgess Treaty was also in jected into s ta te and national
p o lit ic s .
Thomas Caney was opposed by the Monitor when he sou g it nomination
for the governorship, because he had endorsed the Sturgess Treaty.
According
to th is paper that should have been enough to brand Coney an enemy of the
'boor pioneer, who is seeking a home on the broad p ra iries of Kansas?"
S3
On October 15, 1868, during the congressional campaign, Sidney
1938; ¥ . W. Graves, Annals of Osage Mission (Published by 7i. Vf. Graves,
S t. Paul, Kansas, cl93J>)," p.~£9"]T
3-fh e Osage Mission Journal, Aug. 20, 1868.
^ G raves, Annals of Osage Mission, p . 73.
,
33August 26, 1868.
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79
Clarice to ld the s e tt le r s at Mission Town (St* Paul* Kansas) th a t he wanted
then to send to Washington art in te llig e n t and honest lob b yist to aid him
54
in h is f ig h t fo r the rights of the s e tt le r s on the Osage lands.
The treasurer of the Osage S e ttle r s Rights Association wrote
Congressman Clarke in December, 1838* th at h is organization represented
15,000 s e t t lo r s , "The majority o f them", he declared, "are so ld ie r s who
hare f a it h f u lly served the Government through the la te war of R eb ellion .”
The s e t t le r s a sso cia tio n hoped th at Clarke would continue to f ig h t the
tre a ty .
Then the treasurer dangled before Clarke’s eyes the United States
senatorship and sa id , "Stand by us and we w il l stand by you as we have in
times past."
Ho a lso to ld Congressman Clarke that the s e ttle r s wanted an
extension of th e ir payment tim e, because drouth, sick n ess, high p r ic e s,
and other adverse circumstances had consumed th eir funds.
He said the
s e tt le r s wanted th e ir homesteads a t one d o lla r and a quarter per acre,
payable in four annual in stallm en ts.
In closin g the e p is tle an eloquent,
p a tr io tic appeal fo r the s e tt le r s was mades
"can we hope to retain our
homes so dearly earned, or mast we be turned over to the avarice of R. R.
monopolies?
Is our Republic, so recen tly saved and re-estab lish ed , r e a lly
g ra tefu l, or does she spurn her defenders, and lik e the Adder b ite her
benefactor?
I s —le g is la tio n fo r the good of the people, or i s i t only
another name fo r lic e n se to the rich to grind the poor with the h e e l of
35
oppression?"
^“Graves, Annals of Osage Mission, p. 80.
^ L ou is A. Reese to Sidney Clarke, December 14, 1868, in Clarice
Papers. For a good extended d iscussion of th e t a c t ic s , a c t i v it ie s , and
influence of the s e tt le r s on the Cherokee Ueutral S trip which was near the
Osage reserve see Lula Lemon Brown, The Cherokee Heutral Lands Controversy
(Hie Girard Press, Girard, Kansas, 19oT)’a f e s t e r ’s th e s is , the U niversity
of Colorado, 1930, 47pp.
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80
■53b.il© the opponents of the treaty were busy lacking up a fu ror,
the Leavenworth, Lawrence, and Galveston Railroad Company m s q u ietly laying
it s plans fo r the future*
At a meeting of the board of directors held in.
Chicago, on Hbvember 28, 1363, a curious but in terestin g plan m s completed*
36
According to C. T
Ar. Babcock arrangements were, made fo r , "Joy to cooperate
with them—Se taking control of the Road when the Treaty is R atified.*’
I t m s also evident, said Babcock, that William Sturgess had l o s t
face w ith .th e d irecto rs, .because the men who had put up the money had,
"wound Sturgess up so that they have him in th eir power*. . . . "
However,
Babcock caid , the board had not planned to kick Sturgess out of the company,
but aimed to keep him in the background and esp ecia lly away from Washington*
Babcock wrote that "He (stu rgess3 - s under Bend not to go to Washington,
th is winter—
As the name of William Sturgess m s so c lo se ly linked with the
trea ty that had been concluded with the Osages, i t m s doubtless good s tr a t­
egy, so fa r as p ossib le r a tific a tio n of the trea ty was concerned, to keep
the president of tho Leavenworth, Lawrence, and Galveston Railroad Company
away from the scone of congressional action .
The directors at Chicago,
36James F. Joy of D etroit, Michigan, who f i r s t contracted in 1867
to purchase the Cherokee Heutral Lands which consisted of about 800,000
acres* In 1368 a treaty was made between the United States government and
the Cherokees r a tify in g another contract to purchase which was very sim ila r
to the one o f 1867. (Sappier, Indian A ffa irs, I I , 996; 16 S ta t. L ., 727).
37C. W. Babcock to Clarke, Kov* 29, 1868, in Clarke Papers. In
th is le t t e r Babcook sta te s that he had gust returned from Chicago with one
of the directors o f the Leavenworth, Lawrence, and Galveston, and that the
d irector had to ld h ia the above facts* There must have been considerable
truth in Babcock's statement regarding Sturgess*s lo ss of p restige with
the board o f directors because the next year on July 5, James F. Joy was
elected president of the Leavenworth, Lawrence, and Galveston and Sturgess
was reduced to vice-president* (Graves, Annals o f Osage Mission, p. 96)*
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81
according to Babcock, prepared fo r a future even tu ality by passing a reso38
lu t i o n which a p p o in ted a man by th e name o f V le te , an a g e n t o f th e company,
w ith power to deed la n d .
Babcock q u o tes th e d i r e c t o r a s say in g “They say
th e y w i l l a t once Deed th e 2 s e c tio n s promised M ille r — B u rn e tt S peer &
o th e r s - - ”
Babcock’s l e t t e r f u r t h e r re v e a ls th e p la n made a t C hicago.
was to a s s u re to th e company a d d itio n a l s u p p o rt in W ashington.
It
B esides
t h e i r own W ashington a tto r n e y , Ewing, "th e y w i l l have Joys f u l l s tr e n g th —
W ill have Wade Frienden^® & Pomeroy of th e R epublican s id e and K endricks &
D o o little of th e o p p o s itio n to f i g h t f o r th e T rea ty —They say th e y a r e now
ready to t a l k b u sin ess w ith me and w ant to know w hat we w i l l do—" "
Tilth th e a r r i v a l o f a new y e a r (1869) th e Osages had become d i s ­
g usted w ith th e s t a t e of t h e i r a f f a i r s and had changed t h e i r minds r e ­
l a t i v e to th e S tu rg e ss T re a ty .
T h e ir ag en t n o t i f i e d h is s u p e rin te n d e n t
t h a t they'now d e s ire d to have th e t r e a t y r a t i f i e d .
I t was e x p lain ed t h a t
th e y wanted i t r a t i f i e d , because th e w hites were crowding them o f f t h e i r
la n d , an d , i f i t were n o t r a t i f i e d , th e y would soon have no home.
In a d d itio n
to d e s ir in g r a t i f i c a t i o n o f th e t r e a t y th e Osages, w ro te t h e i r a g e n t, wanted
a fear o f th e s q u a tte r s removed, as th e y were occupying t h e i r f a v o r i t e
» 41
camping grounds.
Probably John B. V lie t who was th e c h ie f e n g in ee r and s u p e r­
in te n d e n t o f th e Leavenworth, Lawrence, F o rt Gibson R a ilro a d Company in
1865. S h e e t 1 o f 6 o f th e A tc h iso n , Topeka, and S an ta Fe re c o rd s , in l o c .
c it.
go
The w r ite r o f t h i s l e t t e r p ro b a b ly m eant S e n a to r F illia m P i t t
Fessenden o f Maine.
aa
“ Babcook t o C la rk e, Nov. 2 6 , 1868, i n C lark e P a p e rs.
^S n o w to Murphy Ja n . 9, 1869, in Neosho F i l e , 1869, M76, IOS,
m.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
Courtesy Sidney Clarice* Jr.
Sidney Clarice, congrsssram froa Kansas
1865—1871*
i
|
I
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82
On January 13, 1853, Congressman Clarice discussed in the House of
Representatives the e v ils o f land nonopoly -with r e la tio n to the tr e a ty .
Control of the s o i l carried with i t the control o f p o li t ic s , said h e.
He
thou gat land monopolies were dangerous, as they ■were a bar to public pros­
p erity and always crushed the poor and unfortunate.
He contended th at the
national homestead p o lic y , which was a tenet of the Republican Party, was
the n a tio n 's g rea test safeguard.
Clarice’s view was th at where the s o il
was open to the t i l l e r , the laborer had been a b le.to possess the f r u it of
h is labor, whereas the contrary m s true under the monopoly system.
That
system enriched the few at the expense of the many.
Clarke also took pains to denounce the seoret consideration of
the Sturgess Treaty in the Senate.
n. . . . I e t them” (the people] he sa id ,
" in s is t that the v e i l of secrecy be removed from the consideration of Indian
tr e a tie s so that i f these outrages are to be s t i l l continued i t may be
done in tpe presence of the people whose* righ ts are trampled down and whose
42
hones are sa cr ific e d on the a lta r of remorseless specu lation **1
Congressman Clarke was not unmindful of the wise p o lit ic a l strategy
of h is party in Kansas re la tiv e to the trea ty .
Ee even attributed h is
nomination at the la s t State Republican convention to h is fig h t on the
treaty*
He stated that he was elected by a- m ajority of six teen thousand
votes out of a to ta l vote of fo r ty -fiv e tkdSsSnd."
To c la r if y the p o sitio n of Kansas, which was Republican p o lit ic a lly ,
Clarke presented to the House the action of the Republican Kansas S tate Con42 .
Globe, 40 Cong. 3 s e s s ., P t. I , pp. 344, 346.
^On the bases of these e le c tio n returns Clarke received 30,500
votes while h is opponent received 14,500#
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Sid&ey Clarice*s letter requesting to
appear before the Seaate Indian COBzaitte©
to oppose the Stargess Treaty. Claris©
Bapers.
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83
vention In regard to the public domain and Indian t r e a t ie s .
I t reads:
"In the d istrib u tio n of public lands 'and Indian reserves tre demand the
f u l l protection of the rights o? th e s e t t le r s , and the reservation of
the sixteen th and th ir ty -six th section s to which. the State' i s e n title d
for educational purposes.”
The S tats Republican Convention a ls o neat
on record as being opposed to disposing of Indian reservations to r a il ­
roads or land monopolies*
The convention wanted the Indian reserves
opened to actual s e ttle r s a t not sore than one d o lla r and a quarter per
acre.
Regarding the removal of' the Indians then in Kansas, the a ttitu d e
of the Republican convention -©as as emphatic as i t isas clears
“We demand,
in the name cf our fro n tier s e t t le r s , that the u n c iv ilise d Indians be
driven, from the S ta te, and the c iv iliz e d tr ib e s be sp eed ily removed to
the Indian country.”
These demands did -not go unheeded by Clarke.
Upon
the. flo o r of the House he promised to continue h is opposition to the trea ty
and re-asserted h is f id e l i t y to the Republie n Party whose p rin c ip le s, he
sard, included free homesteads and the public domain fo r 'bona fid e s e t t le r s .
4,
The Kansas le g isla tu r e became a c tiv e ly in terested in the Sturgess
Treaty ea rly in 1869.
In January House Concurrent Resolution Ho* 25,
which co n d itio n a lly protested the r a tific a tio n of the trea ty , was passed.
R atifica tio n was protested unless the trea ty were amended, so as to reserve
to the s ta te fo r public school purposes, sectio n s six te e n and t h ir t y - s ix
or th e ir equivalents and the remainder of the Osage reserve opened to
s e ttle r s a t a d ollar and a quarter an acre.
This resolu tion passed the House
44
* Globe, 40 Cong* 3 s e s s ., -Pt. I l l , p. 347*
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84
j
on. January 20, and the Senate two days la t e r .
45
C learly, neith er o f the
conditions or proposed amendments suggested by th e Kansas le g isla tu r e in­
cluded even an a lt r u is t ic gesture fo r the Osages.
State in te r e st alone
seemed to be the paramount concern.
About a month la te r (February) the Kansas le g isla tu r e passed House
Concurrent Resolution Ho. 58.
I t urged the r a tific a tio n of the Sturgess
Treaty because, so the resolution s t a t e s , upon r e lia b le information i t had
becono known that the trea ty had been favorably amended.
Sections six teen
and t h ir t y - s ix had been reserved to the State of Kansas for public school
purposes;
roads:
the Osage reserve m s to be divided among the follow ing r a il­
the Leavenworth j Lawrence, and Calves'ton* the Lawrence and Emporia
(branch o f Ho. 1 ), the Atchison, Topeka, and Santa Fe, the Union P a cific
(Southern branch), and the Fort Scott and Santa Fe;
s e tt le r s already upon
the land ware to hare the righ t to buy th eir claims at a dollar and a
quarter per acre, and future s e tt le r s were to get th e ir claims a t prices
to be fin ed by government appraisers.
This resolu tion , favoring r a tific a tio n ,
A,
was adopted by the House on February 17 and by the Senate on the tw en ty -fifth .
In any co n test, when the stakes are h ig h , i l l fe e lin g and discord
!
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are lik e ly to appear.
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Treaty, he had a very d e fin ite break with Senator'Paneroy o f Kansas. In the
So in Sidney Clarke*s e ffo r t to defeat the Sturgess
|
j personal controversy Clarice claimed th at Pomeroy had v io la ted a solemn pledge
j
to him* Clarke also claimed that he would be d e r e lic t in h is duty i f he did
I — ----------------------------------------------------------------------------------------- —---- --------- — —
^ H . Misc. Doc. Bo. 49, 40 Cong. 3 s e s s ., I (1385), 1 , 2;
I £°?-° 52.* 34* 40” Cong, o s e s s ., (1331), p. 1.
|
j
S. Misc.
^House Concurrent Resolution Bo. 58. A c e r tifie d manuscript copy
in the Clarke Papers; Feosho F ile 1869, H 94, ICR, M .
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85
not us© certain fa c ts which he had in h is p ossession .
YJhat the broken
pledge or fa cts were nay be inferred from. Clarke’s le t t e r :
I sh a ll a v a il m yself of every means in my power
to save my frien d s, the party and the S ta te, from the
further e ffo r ts of your corrupt schemes. I sh a ll conse­
quently apprise the Senate, the House, and country of
the fa c t that you are in league with a ring of corrup­
t io n is t in connection with Indian tr e a tie s ; that you
have heretofore sold your vote and influences in the
Senate, both fo r money and Land, that the power in ­
trusted to you by the people of Kansas has been and is
now being made a common _a r t ic le o f merchandize f s i c j
in the American S en ate.-'
Hotvdthsbanding the a c tiv ity of Clarke against what seemed to be
a very unpopular trea ty he did not escape sharp c r itic ism .
In h is hone
town the 'festers Home Journal published a tirade against him:
Shat has he done? .....C h i he has defeated the
Osage trea ty ! Yes, he has defeated the Osage trea ty .
The glory of that achievement unquestionably belongs
to him .. . . .He has defeated a trea ty which would have
already been sta rtin g the construction of eigh t hun­
dred m iles of railroad in Kansas; which would have
furnished h a lf a m illio n acres of land to the school
fu n d .....H e has defeated a treaty which would have
made the property of every man in Leavenworth, Lawrence,
Port S co tt, Ottawa, Baporia, and other places worth
tw enty-five p er•cent advance the very day o f it s
r a tific a tio n • And in doing so he has succeeded in
keeping on our southern borders a bend of d irty, worth­
le ss and scalping sa v a g e s.....H e has employed clerk s,
he has buttonholed Senators; he has harangued the
House; he has burdened the mails with speeches; he
has been busy with the telegraph; he has been a c tiv e ,
p e r sisten t, ir r e p r e s sib le . And he has defeated the
trea ty . Give the d ev il his d u e .....H e can only wish
that h is 5indefatigablen.ess * had something b etter to
show for i t than the n eglect of every valuable in ter est
and worthy’' claim, the defeat of the b est trea ty ever
made in the in te r e st of Kansas, and -the continued legacy
' of the Osage Indians as a part c f our population.^®
47t»0rt# clarke to Pomeroy, Feb. 19, 1869, in Clarke Papers.
48Hareh 18, 1869,
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86
I t should he observed th at the word "defeat" as used by the
Journal should have been, q u a lified in seme e x p lic it manner as a delay is
a l l th at could be correctly attributed to Clarke*s e ffo r ts a t t h is time*
The Kansas congressman was not to be dismayed by adverse c r itic ism .
Neither did ne confine his opposition to the Sturgess Treaty to Washington.
In the la t t e r part of the summer of 1S69, he v is it e d the Osage reserve and
on August 1 held a council a t which three of the principal Osage bands were
presents
the Tihite Hair, the L ittle Osage, end the Big K ill.
Dog and Claremore bands had not returned from the hunt.
The Black
At th is council
Clarke explained to the Osages that he had opposed the r a t ific a tio n of the
tr e a ty , because he thought the Osages were gettin g cheated, and he b elieved , i f
they wanted to s e l l th e ir land, they should s e l l i t to the government, so
49
th at i t could then be opened for settlement*
A fter th is council Clarke reported to Ely S. Parker, the Commissioner
50
of Indian A ffa ir s, that the Osages were unanimous in opposing the Sturgess
51
Treaty;
th at the trea ty had been obtained through fraud and threats of
-^Kansas D aily Tribune, Aug* 5, 1869*
^The O ffice of Indian A ffairs is over a hundred years old but
General Parker i s the only Indian by blood that has ever held the o ffic e
of Commissioner o f Indian A ffa ir s. His appointment was probably due to the
high regard that President Grant had fo r him, which might have been formed
during th e ir clo se m ilita ry a sso cia tio n . ' The m ilita ry record of General
Parker reveals that in 1863 he was made a captain. From August, 1864, to
July, 1866, he served as m ilita ry secretary to General Grant with the rank
of Lieutenant Colonel. He was brevetted tw ice fo r f a it h f u l and meritorious
serv ice - a colonel in 1865 and a brigadier general in 1865. From July,
1866, to March 4, 1869, General Parker was aide-de-camp to General Grant.
(Francis B. E eitaan (Comp.), H istorical R egister and Directory o f the United
S tates Army From I ts Organization, S^SeaS'er '2'G, 1789, to Harch~£V"T90T
(Government Printing O ffice, Washington, 190377 I , 769). GeneraT Parker
resigned as Commissioner of Indian A ffairs in July, 1871. (H* Ex. Doc. Ho.
1, 42 Cong. 2 s e s s ., Pfc. Y, I I I (1505), 418).
For speeches of the Osages at the Clarke council see the Kansas
D aily Tribune, Aug* 5 , 1869.
---------
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87
|
th e com m issioners and lan d s p e c u la to rs j
t h a t th e goods and p re s e n ts were
w ith h e ld u n t i l th e y were covered w ith f i l t h and verm in and t h a t i n t h i s
c o n d itio n th e y were d e liv e re d to th e O sages;
t h a t th e Osages w ere w illin g
!
to move t o th e In d ia n T e r r ito r y a f t e r a l l form er t r e a t y o b lig a tio n s had
b een f u l f i l l e d , and th a t th e s e t t l e r s were w illin g to pay one d o l l a r and a
q u a r te r p e r a c r e f o r th e Osage land*
As a f u r t h e r r e s u l t o f C larke*s c o u n cil w ith th e O sages, i t was
recommended to th e Commissioner o f In d ia n A ffa irs t h a t th e d ep artm en t make
an in v e s tig a tio n o f th e t r e a t y n e g o tia tio n s , and th e Commissioner o f In d ia n
A f f a ir s was re q u e s te d , i f th e f a c t s were found to be as C lark e had s t a t e d
them , to recommend th a t th e P re s id e n t o f th e U n ited S ta te s w ithdraw th e
t r e a t y from th e Senate*
C lark e a ls o su g g ested t h a t th e commissioner, w h ile
in v e s tig a tin g th e t r e a t y , a s c e r ta in th e wishes o f th e Osages r e l a t i v e to
moving so u th .
C larke s ta t e d t h a t th e s e su g g estio n s were made t o th e
com m issioner, so t h a t Congress m ight be f u l l y inform ed o f a l l th e f a c t s and
t h a t l e g i s l a t i o n s i g h t b e formed a t th e n e x t s e s s io n o f C ongress, which
52
would b e f a i r to a l l p a r t i e s , i . e . , O sages, s e t t l e r s , and th e governm ent.
When a c t i v i t y on th e t r e a t y s h if te d from W ashington back t o K ansas,
b o th f r ie n d and fo e o f th e t r e a t y to o k p a rt*
Almost on th e v e ry h e e ls o f
C la rk e ss r e p o r t o f August 10 to th e Commissioner o f In d ia n A f f a ir s , S e n a to r
E. C. Ross o f Kansas s e n t th e P re s id e n t a p e t i t i o n from th e Osage H atio n ,
which was addressed to th e chairman o f th e Senate Committee on In d ia n A f f a ir s .
This p e titio n was a report which contradicted Clarke’S fin d in g s. Among
55
o th e r th i n g s , th e p e t i t i o n s ta t e d t h a t th e Osage g o v ern o r, th e c h ie f s ,
C larke to P a rk e r, Aug. 10, 1869, in Neosho P i l e 1869, C393, I0E,
HA.
5*5
Joseph Paw-no-no-pashe was f i r s t app o in ted governor o f th e Osages
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88
■braves* and headmen, o f th e t r i b e d e s ir e d r a t i f i c a t i o n of th e S tu rg ess
T re a ty and t h a t no th r e a ts o r undue in flu e n c e had been u sed t o g e t them, to
sign, th e t r e a t y .
I t was a ls o s t a t e d i n th e p e titio n * t h a t th e w h ite people
had in tru d e d i n g re a t numbers upon th e Osage le n d because th e y b e lie v e d th e
t r e a t y would be r a tif i e d *
For th i s reason* s t a t e s th e Ross p e titio n * th e
Osages proposed t h a t on t h e i r r e tu r n from t h e i r w in te r b u f f a lo h u n t (186970) th e y sho u ld remain in th e Cherokee co u n try on th e la n d s e t a s id e f o r
them by th e t r e a t y . 54
The f u tu r e home f o r th e Osages as p ro v id ed i n A r t i c l e 14 o f th e
t r e a t y was to c o st th e Osages tw e n ty -fiv e c e n ts a n acre*
I t s boundary
"Commencing a t a p o in t where th e 96th m e rid ia n w e st from Greenwich c ro s se s
th e s o u th l i n e of th e S ta te o f K ansas; th en ce s o u th on s a id m e rid ia n to th e
n o rth l i n e o f t i e Creek c o u n try ! th e n ce w e st on s a id n o rth l i n e to a p o in t
where s a id l i n e c ro sse s th e A rkansas r i v e r ; th e n ce up s a id A rkansas r i v e r
. . . . to a p o in t where th e so u th l i n e o f th e S ta te .of Kansas c ro sse s s a id
A rkansas r i v e r j th en ce e a s t on s a id S ta te l i n e to th e p la c e o f b e g in n in g ."
5i
Tho a t t i t u d e o f th e Osages as expressed in th e Ross p e t i t i o n may
f o r a p e rio d o f fo u r years by th e In d ia n Commissioner* S* G. Taylor* a t th e
S tu rg e ss T re a ty c o u n c il .in May* 1868. The P r in c ip a l Chief* TShite H a ir, was
liv i n g then* and th e Osages and c h ie f s re fu se d t o reco g n ize Joseph a s head
o f t i e t r i b e * 'Shite H a ir d ie d in th e w in te r o f 1869. At th e s p rin g payment
(1870) th e Osages in c o u n c il could n o t a g re e upon a s u c c e ss o r to I h i t e H a ir;
so th e y l e f t th e d e c is io n up t o th e su p e rin te n d e n t who m erely confirm ed
T a y lo r's p rev io u s appointm ent of Joseph Paw -ne-no-pashe as g o v ern o r. (Sen.
Bx. Doc. Ho. 6* 44 Cong* 1 s e s s . , (1664)* p* 6 8 ).
^ Q sag e R atio n to Chairman S en ate Committee on In d ia n A ffa irs * S ep t.
29* 1869* I B .j in CSF 1870* E464* IQR, HA.
^ ^ F itz p a tr ic k , T r e a tie s and Laws* p p . 3 8 f. By a o u rio u s tu r n o f c i r ­
cumstances when th e Osages s e le c te d iS e x r second r e s e r v a tio n in In d ia n
T e r r ito r y i n 1872 t h i s same boundary was a p p lic a b le . L ater* when Oklahoma
was a d m itte d in to th e Union* t h i s re g io n was given th e name Osage County.
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89
acco u n t f o r th e f a c t t h a t in th e summer of 1870 a few Osages w ere a lre a d y
upon th e land to which th e Osage t r i b e l a t e r removed.
56
The p e titio n * which S e n a to r Eoss s e n t t o W ashington, was sig n ed by
" J . Paw-ne-no-pashe" a s governor o f th e Osage N atio n , alo n g w ith some f o r ty
o th e r Osages, b u t w ith no t r i b a l rank: in d ic a te d .
The P r in c ip a l C h ie f, W hite
E& ir, who was s t i l l li v i n g , d id n o t s ig n th e p e t i t i o n , and th e o f f ic e o f
governor had no o f f i c i a l sta n d in g a t th e tim e so f a r as th e Osage t r i b e was
concerned.
Congressman C la rk e ’s r e p o rt of August 10, 1869, to P a rk e r, had
i t s d e s ire d e f f e c t .
57
Im m ediately P ark er s e n t to S u p e rin ten d e n t Enoch Hoag
a copy of C la rk e ’s l e t t e r and a newspaper re p o rt o f th e c o u n c il which C larke
hnd h e ld .
In a d d itio n he inform ed Hoag:
’’You w i l l ta k e immediate s te p s to
a s c e r ta in th e w ishes of th e In d ian s i n re g a rd t o th e s a id t r e a t y and t h e i r
views on th e q u e stio n of rem oval.
You .w ill endeavor to have your r e p o r t
58
express th e u n in flu en c ed w ishes o f th e In d ian s on th e s e s u b je c ts .* 1
5% ee maps fa c in g p p. 206, 208, 221.
^ P r e s i d e n t G rant commissioned “F rien d Enoch Hoag" s u p e rin te n d e n t
of In d ian A ffa irs f o r th e C e n tra l S u p erin ten d en cy . His term was to b eg in
on A p ril 22, 1869. Book o f Appointments C o n firm ed ,(1866-1879 3 » p* 104, I S . ,
I OR, HA). However i t was n o t u n t i l May 20, t h a t Hoag a rriv e d a t th e su p e r­
in ten d en cy to ta k e up h is d u tie s . 'Hoag to P a rk e r, May 20, 1869, i n CSF
1869, H188, IOE, HR). Hoag’s appointm ent marked th e b e g in n in g of P re s id e n t
G rant’ s Quaker program. Ten Quaker a g e n ts were l a t e r added t o t h i s s u p e rintendenoy. (F or a lim ite d h is t o r y o f th e o r ig i n , i n t e r n a l o rg a n iz a tio n
and fu n c tio n o f th e A sso c ia ted E xecutive Committee o f F rien d s For In d ia n
A ffa irs see Rayner ¥ickersham. K elsey, F rien d s and th e In d ian s 1655-1917
(P ublished by th e A sso ciated E xecutive Committee o f 'Friend's on 'In d ian "A ffa irs,
P h ila d e lp h ia , 1917). The F ive C iv iliz e d T ribes w ere in t h i s su p er in tm d e n c y
b u t n o t s p e c ia lly u nder th e Q uakers. T h eir ag en ts re p o rte d d i r e c t t o th e
O ffice o f In d ia n A ffa irs and o th e r denom inations had charge o f t h e i r educa­
t i o n a l and r e lig io u s i n s t i t u t i o n s . ("Second Annual R eport o f th e A sso ciated
E xecutive Committee of F riends on In d ian A f f a ir s 8*, The F rie n d , XL? (S eventhDay, N inth Month 23, 1871), 3 7 ).
58Aug. 20, 1869, I S . , L e tte r Bock Ho. 92 (Aug. 2, 1869-Dec. 13,
1869), p p . S 4 f, IOE, NA; T F id ., MS., in Neosho F i l e 1869, E538, ICE, M .
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90
Because o f th e g r e a t d is ta n c e from Lawrence o f Montgomery P o st
O ffic e , th e s e a t of th e Neosho Agency, S u p e rin te n d e n t Hoag re p o rte d t h a t
he d e fe rre d ra k in g th e in v e s tig a tio n P a rk e r had o rd ered u n t i l tim e to make
th e f a l l a n n u ity payment.
T h e re fo re , i t was n o t u n t i l Septem ber 23 t h a t
F rie n d Hoag s e t o u t f o r th e Osage co u n try to in v e s tig a te ' th e t r e a t y nego­
t i a t i o n s and th e a t t i t u d e of th e Osages upon th e s a n e .
He was accompanied
b y th e Neosho A gent, Jonathan R ic h ard s, and Isa ac T. Gibson.*59
a t th e Neosho Agency on th e tw e n ty -s ix th .
was assem bled.
They a r r iv e d
N early th e e n t i r e Osage t r i b e
A re v is e d census r o l l in d ic a te d t h a t th e y numbered 4 ,4 3 1 .
A t te n o ’c lo c k on th e tw en ty -sev en th S u p e rin te n d e n t Hoag met th e Osages in
c o u n c il.
This m s h is f i r s t m eeting w ith th e W sh-shah-she.
^ G ib s o n to o k charge o f th e Neosho Agency O ctober 1 , 1869, and
serv ed u n t i l F eb ru ary 22, 1376. (An u n sig n ed and u n d ated a u to b io g ra p h ic a l
s k e tc h in th e Gibson P a p e rs, lo c . c i t . )• H is f i r s t commission from P r e s i­
d e n t G rant s t a t e s t h a t he was- 'Jo b e g in a fo u r y e a r te rm on December 21, 1869.
[Book o f Appointments Confirmed 1866-1879D , MS., IOS, HA. Gibson e n te re d
th e In d ia n s e r v ic e when th e F rien d s w ere a ssig n e d to th e C e n tra l S u p e rin te n ­
dency because Enoch Hoag was so i n s i s t e n t . Hoag was so d eterm ined t o have
Gibson e n te r th e s e r v ic e t h a t he o ffe re d him any one o f f iv e ag en c ie s and
s ta t e d t h a t he would be s a t i s f i e d i f Gibson would s e rv e o n ly te m p o ra rily .
(Hoag to G ibson, May 17, 1869, i n Gibson P a p e rs ). The A sso c ia te d E xecutive
Committee of F rie n d s f o r In d ia n A ffa irs recommended Gibson t o Commissioner
o f In d ia n A f f a ir s on J u ly 8 , 1869, in s te a d o f Cyrus Beede who had been
p re v io u s ly s e le c te d b y th e F rie n d s . (John B. G a r r e tt, c le r k o f •the
A sso c ia te d E xecutive C om m ittee,to th e Commissioner o f In d ia n A f f a i r s , E.
S . P a rk e r, J u ly 8, 1869, i n CSF 1869, G164, IOE, HA. F o r in fo rm a tio n on
G ibson’s fa m ily and background se e P o r t r a i t s and B io g ra p h ic a l Album of
Henry County, Iowa (Acme P u b lish in g C o., C hicago, 1838), pp. £>S1
Gibs on’s recom nendation came about thro u g h th e A sso c ia ted E xecutive Committee
o f F rien d s because i t had been c re a te d as a r e p r e s e n ta tiv e f o r a l l o f th e
F rie n d s Y early M eetings f o r th e purpose o f ta k in g p a r t in In d ia n a d m in is tra ­
t i o n s . A ccording to th e cleric o f th e com m ittee t h e i r f i r s t s e le c t io n f o r
t h e Osages was n o t s a t i s f a c t o r y . He w ro te t h a t ’’In fo rm a tio n j u s t re c e iv e d
le a d s me to f e a r t h a t th e p r o te s t a g a in s t Cyrus Beede*s appointm ent was n o t
w ith o u t fo u n d a tio n , and t h a t we have a c te d upon i n s u f f i c i e n t in fo rm a tio n
i n recommending h im . P le a se th e r e f o r e s u b s t i t u t e f o r him Is a a c T. Gibson
o f Salem, Iowa. (John B. G a rre tt to P a rk e r, Commissioner o f I n d ia n A f f a ir s ,
J u ly 8 , 1869, in CSF 1869, G1S4-, IOE, H i).
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91
?fh.eii th e new s u p e rin te n d e n t began, h is in v e s tig a tio n , h e expressed
a n im p a rtia l a t t i t u d e sod asked t h e Osages f o r a f r e e and u n in flu en c ed ex­
p re s s io n o f t h e i r o p in io n on th e t r e a t y .
on th e t r e a t y .
Beaver s a id :
The Osages ■were n o t o f one mind
"Our minds o u r (a re 3 s c a t te r e d , and w e ll
['s i c ] have t o c o n s u lt w ith one a n o th e r."
A f te r d e lib e r a t in g ■until two
o ’c lo c k in p r iv a te c o u n c il, th e Osages re p o rte d .
The s u p e rin te n d e n t s t a t e s
t h a t th e g r e a te r p a r t of th e a fte rn o o n m s devoted by th e Osages to ex­
p re s s in g t h e i r v iew s.
U n fo rtu n a te ly t h e i r minds were s t i l l " s c a tte r e d " ,
a s th e speeches of th e v a rio u s le a d e rs
so
in d ic a te .
Each Osage spoke h is
own m ind, and t h a t , f o r th e most p a r t , d id n o t r e l a t e to th e q u e stio n o f
fra u d o r in tim id a tio n , o r to a re p u d ia tio n o f th e t r e a t y .
F rien d Enoch Ecag s a id i n h is r e p o r t of th e in v e s tig a tio n :
i t is my judgment t h a t th e la r g e r p o rtio n o f th e
t r i b e would p r e f e r th e t r e a t y should n o t be r a t i f i e d .
This o p p o s itio n , how ever, a r i s e s more from a f e e lin g
t h a t , by th e term s of t h e t r e a t y , th e y do n o t re c e iv e
so much f o r t h e i r la n d a s th e y th in k th e y ought t o , th a n
from, any im proper in flu e n c e s b ro u g h t to b e a r upon them
by th e com m issioners. They s t a t e t h a t th e y were to ld
by th e commission t h a t t h e i r lands would be ov er ru n by
s e t t l e r s , and t h a t th e y would e v e n tu a lly be o b lig ed to
g iv e i t up t o them-—t h a t th e y could n o t liv e w ith th e
w h ite man—
The s u p e rin te n d e n t a ls o re p o rte d t h a t th e Osages w ere e a g e r t o s e l l t h e i r
land in Kansas and to remove to In d ia n T e r r ito r y w h eth er th e t r e a t y was
ra tifie d or n o t .^
fin
Twelve o ’c lo c k , "W at-in -ca", Hard Hope (sometimes se e n as "Hard
Robe") , K a n -se -c a -le , Auguste C a p tain . Sundown, " Paw -ne-no-pashe",
Fopaw&lla, Chetopa, H on-se-an-cha (Ho H e a r t) , S tr i k e Ax, "White H a ir and
o th e r s .
j
S1Hoag to P a rk e r, O ct. 11, 1869, in Heosho F il e 1869, H538, IOR,
^
F rie n d , X LIII (Seventh-D ay, -Tenth Month 23, 1869), 70j i b i d . ,
(Tenth!' !&>nth 3 6 ), 76.
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"Photo By TJv
Affly S id n a l Corps"
G eneral E ly S* P a rk e r, a fu ll- b lo o d In d ia n , who m s
com m issioner o f In d ia n a f f a i r s from 1869— 1871.
:
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92
i
By th e f a l l of 1869* th e s e t t l e r s a p p a re n tly th o u g h t i t ■was tim e
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to sp u r Congressman C larke to f u r t h e r action.#
The p r e s id e n t o f a s e t t l e r s
[
club w ro te , r e l a t i v e to th e S tu rg ess T re a ty , "wo to th e man t h a t d is a p p o in ts
us h e r e a f t e r as we do b e lie v e th e tin e has Come t h a t o ur E ig h ts Should be
R espected and o u r i n t e r e s t s Looked to in P refere n c e to th e E a s te rn S pecula­
t o r s o r C a p o lis t we th e p io n e e r a re th e ones t h a t make our C ountry ’That .
- * «S2
i t is
”
• j .
W hether t h is p o l i t i c a l ' t h r e a t had any w eight o r n o t i s problema­
tic a l.
But on December 1 5 ,’ 1869, Clarice subm itted a r e s o lu tio n by unanimous
c o n se n t, which should have gone f a r to appease th e enraged s e t t l e r s .
I t de­
c la r e d t h a t when th e p u b lic domain o f th e U nited S ta te s sh o u ld be fre e d from
In d ia n t i t l e s i t should be im m ediately opened to s e ttle m e n t e i t h e r under
th e e x is tin g law s, o r such new ru le s and re g u la tio n s as Congress m ight p re ­
sc rib e #
I t m s a ls o d e c la re d t o be a g a in s t p u b lic p o lic y and d e ro g a ta ry
t o th e r i g h t s o f th e m asses o f th e people f o r In d ia n lands t o be so ld t o
c o rp o ra tio n s by t r e a t .
I n t h i s r e s o lu tio n th e House d e f i n i t e l y showed i t s
te e t h f o r th e f i r s t tim e .
The t h r e a t o f th e House was e x ceed in g ly c le a r*
nt h i s House w i l l re fu s e h e r e a f t e r - t o make any a p p ro p ria tio n s t o c a r r y o u t
th e p ro v isio n s of Indian t r e a t i e s in which th e term s of t h i s r e s o lu tio n a re
i
63
n o t adhered t o . ”
*
A lthough th e S tu rg ess T re a ty m s upon th e Senate l e g i s l a t i v e -Calendar
f o r n e a r ly two y e a rs , i t m s always shrouded in th e p o l i t i c a l c lo a k o f
s e n a to r ia l oonfidence—s e c re c y .
go
Because th e d is c u s s io n , i f anyy i n th e
V
D» H. M ille r, V e rd i, Y/ilson County, to Sidney C la rk e , Nov. 5 ,
1869, i n C larke P a p e rs.
v
^ G lo b e , 41 Cong. 2 s e s s . , P t . I , p . 153*
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$
93
Senate on the tre a ty i s fo rev er l o s t to the in q u isitiv e h isto ria n s an
extraordinary attempt has been made to turn a l l the flo o d -lig h ts of public
opinion upon i t before considering i t s progress in that body.
In transm itting the tr e a ty to th e President on June 13, 1863, the
Secretary o f the In terio r a fte r suggesting a minor change in language in
A rticle 14 wrote;
"I recommend, i f i t meet your approval, th at the trea ty
be la id before the Senate f o r i t s c o n stitu tio n a l action thereon.*
64
On
the same day President Johnson submitted the treaty and the report o f the
Commissioner of Indian A ffa irs to th e Senate.
A fter th e trea ty was read
the f i r s t tim e, i t was ordered, on the motion o f Senator M orrill of Maine,
that i t and accompanying papers be referred to the Indian Committee and be
"printed in confidence fo r th e use o f the Senate."
65
Thus from i t s very
introduction in the Senate the tr ea ty was wrapped in the drapery of secrecy*
The Commissioner of Indian A ffa irs a lso a ssiste d in keeping the
s p e c ific contents of the Sturgess Treaty from becoming known.
Soon a fte r
h is return from the Osage reserve the o f f i c i a l Cherokee d eleg a tes, then in
'Washington to look a fte r ihe in te r e st of th e ir nation, wrote to the
cam i ssio n er requesting a copy o f th e trea ty th at they might be co rrectly
I
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informed and consequently b ette r enabled to look a fte r t h e ir in te r e s t in
the m atter.
66
To th is lo g ic a l Cherokee request, the Commissioner o f Indian
^^Browning to the P resident, June 13, 1868, MS., Record of Letters
Sent (Secretary of I n te r io r ), Indian Misc. Book Ho. 8, (1868-70), p . 86,
ICR, HA.
I
I
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l
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]
^ S en a te Executive Journal, X7I (1867-1869), 259.
The reader should hiear in mind that the Senate Executive Journal
contains no debate, only e n tr ie s, but these can help to evaluate,and to an
in d e fin ite degree, can aid in determining th e p ossib le weight and influence
o f the various tr ea ty a c t iv it ie s already reviewed.
Lewis Downing, PCCIT, E* D. Reese, Chairman Cherokee D elegation,
to IT. 6. Taylor, June IS , 1868, in Cherokee P ile 1868, D1252, IQR, Ilk',
Printed Records Court o f Claims Ho. 258, p. 22.
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Courtesy A. E. and T. E. Gibson.
The Quaker In d ia n O f f ic ia ls
Top row l e f t to r ig h t :
Is s a c T. G ibson, Salem, Iowa, ag en t f o r th e O sages.
Reuben L. R o b e rts, Iowa, ag en t f o r ,he Shavnees.
Enoch Hoag, M uscatine, Iowa, s u p e rin te n d e n t o f the
C e n tra l S u p erin ten d en cy , Lawrence, K ansas.
^Jonathan R ich ard s, P h ila d e lp h ia , a g en t f o r th e J i c h i t a s
ancl th e a f f i l i a t e d t r i b e s .
,’Q\Tohn Hadley, Ohio, agent f o r th e Sacs and P o ses.
Lawrie Tatum, S p rin g d a le , Iowa, ag en t f o r th e Eiowas,
Comanches and Apaches.
Bottom row l e f t to r ig h t :
Hiram Jo n e s, K ansas, ag en t f o r th e S enecas, E y n ad o ttes,
Quapaws, O ttaw as, P e o ria s and Modocs.
John D. M ile s, In d ia n a , a g en t f o r th e K ickapoos. L a te r
served as a g en t f o r th e Cheyennes-, and
A rapahoes.
B rin to n D a rlin g to n , M uscatine, Iowa, a g en t fo r th e
Cheyennes and A rapahoes.
Mahlon S tubbs, K ansas, agent f o r th e Kansas or Kaws.
J o e l H. M o rris, In d ia n a , a g en t f o r th e P o ttaw ato m ies.
1S69-
These Quakers were ap p o in ted by P re s id e n t G rant in
This p ic tu r e was taken in 1372.
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R eproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
R eproduced with permission of the copyright owner. Further reproduction prohibited without permission.
R eproduced with permission of the copyright owner. Further reproduction prohibited without permission.
R eproduced with permission of the copyright owner. Further reproduction prohibited without permission.
A ffairs rep lied :
9As the tr e a ty referred to i s now in the hands o f the
Senate—i t would be improper fo r me to comply with your request—but i t
w i l l give me pleasure to giro you o r a lly so much of the substance of -the
trea ty as rela tes to the in te r e s t of your people—at such time as you m y
67
honor me with a personal in terview .n
How and when Clarke, Julian, and other opponents of the trea ty
obtained i t s s p e c ific contents is now known.
The general terms o f the
tr e a ty were perhaps widely known from the time of the negotiations as a
re su lt of newspaper p u b lic ity .
Ho record was found indicating that even
the Osages had a copy o f t h e ir own tr e a ty .
And from the above mentioned
le t t e r of the Commissioner of Indian A ffairs i t might be inferred that no
copies of the trea ty were a vailab le fo r the p u b lic.
On June 17, 1353, two memorials p rotestin g the r a tific a tio n of
th e trea ty were presented to the Senate.
S. C. Pomeroy of Kansas and
Thomas A. Hendricks of Indiana presented memorials from the State of Kansas*
Both, according to the Executive Journal, were referred to the Indian
Committee and were the f i r s t o f f i c i a l protests lodged in the Senate against
the tr e a ty .
The Executive Journal further reveals the fa c t that Senator Ross
proposed some amendments on June 17, and on the twenty-seventh Congressman
Clarke sent a memorial to th e Senate p rotestin g the r a tific a tio n of the
trea ty .
Like the two memorials of the seventeenth, they were referred to
the Senate Indian Committee.
The Senate Executive Journal shows that on July 14', Senator Ross
reported fo r the Senate Indian Committee on the Sturgess Treaty'and pro­
57
-i
Taylor to ^owning and Reese, June 19, 18S8, M3., Letter Book Ho.
87, pp. 4 8 f, IOS, HA.
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95
posed amendments th ereto ,
Whereupon the tr e a ty , w ith the amendments, m s
again ordered to be printed in confidence for the use o f the Senate,
Three days la te r Senator Eoss submitted another amendment and again re­
quested the confidence p riv ileg e of the Senate.
The trea ty was again sent
back to the Senate Indian Committee,
Then, again on December IS, on motion
68
of Senator Eoss, i t went back to the Indian Committee.
Again on J&rch 15,
1869, a l l Indian tr e a tie s on the calendar were sent back to the Indian
Committee on the motion of Senator Eoss*
On A pril 21 Soss reported on the
Sturgess Treaty which had been amended and recommended that i t pass.
69
In the amended tr e a ty , as reported by Senator Eoss, the features
re la tiv e to the Osages had not been changed.
serve m s l e f t the same.
The price o f the Osage re­
The amended trea ty now proposed to divide the
Osage reservation among s ix railroad companies:
the Leavenworth, Lawrence,
and C-alveston; the Atchison, Topeka, and Santa Fe; the -Missouri, Fort S cott,
and Santa Fej the Union P a cific (Southern Branch); the Leavenworth and
Topeka; and the Lawrence and 3-Ieosho V alley.
The State of Kansas was also
new to receive sectio n six teen in each township, or i t s equivalent, for
public school purposes. The Osage land m s t o be tax-exempt u n til i t should
70
be patented.
In th is amended form, the tr ea ty remained on the Senate
calendar without being acted upon u n til withdrawn by President Grant in 1870,
68XVT (1867-1869), 262£, 282, 307, 315, 414.
69I b id ,, 2VII (1869-1371), 7 , 238f,
70
•^western Home Journal, i&y 6, 18S9, In commenting upon the
trea ty the ed ito r 'wrote: “The 't reaty as f in a lly modified and agreed upon,and as reported to the Senate by LIr. Eoss, from -the Committee on Tn^-n
Af f a i r s . J k r a r l i e s before u s......... R For a good summary of the amended
trea ty a lso see Eoss to the President, Feb, 12, 1870, in CSP 1870, S^Sa
ioh, a .
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I
Senator Lot Morrill of Maine interestingly relates how the Sturgess
Treaty reached its fin a l aasuded fora in the Senate Indian Ccrt-itbce: "I
hf>rj
the honor of haring a ll the parties to i t before no”, the railroads- the
squatters* and the State of Kansas* "except the Indian*"
71
Tfhes the system. of sellin g the public domain by the Indian treatysale method was being attacked by the House* the question of the Senate *s
jurisdiction was raised. To this attack the Senate answered that i t not
only tad the power to ssake treaties, but i t also had the right to decide
with when i t rirJht treat end that the House could not c r itic ise or protest*
72
On January 20, 1870, J. 3* Maas of Montgomery County, who repre­
sented the ninety-first d istrict in the Kansas legislature, introduced House
Concurrent Resolution, i’o. 20. Under the rales, the resolution was laid
over u n til the twenty-fourth when the rales were suspended, and i t was
adopted by the House* In substance the resolution called upon the United
States senators frees Kansas to furnish the governor of Kansas a copy of the
Sturgess Treaty as i t then stood* The resolution also requested those
Senators to us a their influence to prevent a ratification of the treaty
u n til the legislature of Kansas had expressed it s e lf on both the treaty and
the amendments. The Kansas Senate adopted tho same resolution on January 26,
and on the twenty-seventh, i t
m s .filed with
73
the Kansas secretary ofstate*
’^•Globe, 40 Cong* 2 seas*, Pt* IV, p* 3248*
^globe, 41 Cong* 2 sess*, Pt* IV, p* 5127* ?or a splendid study
an the sut^ecv~~cf treaties in the donate see Rcyd&a J* Daogerfisld, la De­
fense of the Senate: A Study 5a Treaty Making (University of Oklahoma £ress,
i7*y
Huoase Journal Proeeo&iuge o f th e L eg isla tiv e Ass ©ably of the S tate
o f Kansas* "fmth InauaTTjess ion , Caassm6&& at’ ’the' 'State ‘cs^Ttoi, ISesSay,
'3Sduary
fe.“Tfout^r, -ral>£xb rrinSer* Printed"at-"she ^tfbSsaontrealth” ouate’“^xn-kiig Souse, Topeka, Kansas, 1870), pa* 10,' 310* Eie above
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The engrossing clerk o f ih e Kansas House n o tifie d Congressman Clarke as
soon as the actio n was taken and also informed b in th a t the opponents o f
the House reso lu tio n were members of the railroad "ring" and were consequently h o s t ile to him*
7A
Eie action o f the Kansas le g isla tu r e had lid itn in g - lik e e f fe c t .
Senator Eoss, who was then in Washington, noticed th e Kansas resolution
in the telegrap h ic dispatches, and two days a fte r the House had passed the
resolution he wrote to the governor o f Kansas at considerable length saying:
"I hare not waited for o f f ic ia l copies of the L eg isla tiv e R esolution, but
enclose herewith a copy of th e Treaty as i t now lie s upon the Senate Table,
having been so reported by me la s t A p ril. [jLSSsJ by the instru ctions of
th e Committee on Indian A ffa ir s,
w ith .the recommendation of the Committee
th at i t be r a tifie d in that Shape by the Senate."
Since the argument in the Senate upon the Sturgess Treaty is beyond
r e c a ll, I t i s from Senator Eoss* le t t e r that something of the atmosphere
and motives cf th at body are revealed.
In the le t t e r to C-cvemor James H.
Harvey, Eoss continued:
I need not repeat to you th at in my judgment, a
very great good to the State w i ll be secured by the early
r a tific a tio n of the Treaty, with the amendments- recommended
by th e Senate Committee I am. confident th at a reasonably
unanimous endorsement of the Treaty by the L egislature of
our S ta te, would have an important influence upon th e
action o f the. Senato . by disabusing th e minds of Senators
o f misconceptions that have arisen in r e la tio n to i t s
character, b the a ttitu d e of the people of Kansas towards
it.
A ll perceive & admit the paramount n ecessity o f re­
moving th ese Indians & extinguishing th e ir t i t l e s a t the
resolu tion was never printed, but a copy was obtained fo r the w riter from
the Kansas Secretary of S tate. (H. H. H ille r to David Parsons, Aug. 27,
1938. The correspondence and a copy of the Kansas resolu tion is in a
fo ld er marked "Parsons Osage L etters", Osage Has earn).
• “Tucker.to Clarke, Jan. 24, 1870, in Clarke Papers.
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e a r lie s t p ossib le day. yet a l l do not perceive that
th ere i s no le g a l way o f doing th at bat by a trea ty
to which the Indians sh a ll be a party. I t i s true
th at Congress can force them o ff by a law. but no
law can extinguish th e ir t i t l e to the lands, without
th e ir consent, that t i t l e having been guaranteed to
then both by Treaties & laws, for a long series of
years.
I t i s a lso apparent that unless the Indian
t i t l e i s Speedily extinguished. & they removed,
trouble must ensue; & th a t. I fe a r , very Soon. So
th at in addition to the reasons I have heretofore
urged in behalf of th is Treaty. & which are w ell
known to the people o f Kansas. I d esire i t s r a t i f i ­
cation for the Sake o f the peace & Security of the
large number of S ettlers on those lands, they are
certa in ly deserving of our consideration. Their
Security & peace, & the early p erfection of th e ir
t i t l e s to th e ir homesteads, i s certai n ly more worthy
of our S olicitu d e than any considerations peculiar
to the Indians, whose p rotection is the esp ecial
care of the Federal Government
Trusting that the L egislature w il l take early
action in beh alf o f th is Treaty. & thus contribute
larg ely to the consummation of the important objects
I have named. & a lso to Secure the very great in­
crease of our Bailroad f a c i l i t i e s contemplated in &
guaranteed by that T r e a t y . . ...7 5
The fa c t that both o f the senators from Kansas had worked fo r the
r a tific a tio n of the Sturgess Treaty seems to have had l i t t l e w e ig h t* Upon
76
the recommendation of Secretary Cox, President Grant requested of uhe
Senate to be permitted to withdraw the Sturgess' Treaty from the further
77
consideration of that body on February 4 , 1870.
The reasons President Grant gave fo r requesting to withdraw certain
^ E . g. Ross to James M. Harvey, Jan. 26, 1870, MS., Correspondence
o f Governor James M. Harvey, Box Ho. 17, Archives D ivision , KSHS.
Report Ho. 12, 41 Cong. 3 s e s s ., (1484), p. 24.
77James D. Richardson (Comp.), A Compilation of the Messages and
Papers o f th e Presidents (Government Printing O ffice, Washington, 19(1)2),
V II, ' ’4 7T” a b r ie f h isto ry o f the tre a ty ’s progress in th e Senate but which
has the date of withdrawal ’’March. 1870” may be found in 45 C. C ls. R ., 390.
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Indian tr e a tie s from th e Senate, among which. m s the Sturgess. Treaty, were:
that s e llin g Indian lands to corporations m s contrary t o public p olicy;
■feat i t m s in con sisten t with, ju stic e to the Indians; and that the price
78
m s inadequate.
Senator Ross, who had worked hard and long for the r a tific a tio n
of the tr e a ty , did not recognize in the President’s request of withdrawal,
a f in a l d efeat.
consideration.
He wrote to the President on February 12 and sought a re­
The Senator made the request because, he said , according
to Superintendent Hoag’s report, the Osages object only to the p rice
allowed then by the treaty*
Hoag’s report, the Senator sa id , m s the sub­
stance upon which Cox made h is recommendation to the President, and he to
the Senate that the trea ty be withdrawn.
Ross admitted th a t, during the
two years the trea ty had been under consideration in the Senate, there
had been an appreciation in the value of the Osage land, and he presumed
that there would be no objection to a reasonable increase in the price i f
the treaty were re-considered. The Senator stated that he m uted the con79
gressional pledge of 1365 f u l f i l l e d . He therefore requested th a t the
|
Sturgess Treaty be returned to the Senate, "with such suggestions of m odifi80
cation as in your judgment may seen proper & ju st."
Senator Ross’s le t t e r also contained an undated and u n id en tified
newspaper clipping e n title d "Removal of Indians and Land Grants to Railroads”.
The clipping m s a copy of the action of the Kansas House on February 4,
which m s c le a r ly a response to Ross’s le t t e r of January 26 to Governor
^Osage Ration v» The United States Ho. B-38, in Court of Claims
Printed Records Hjo. 518,**p. 19, e t seq.
79Supra, p .9.
80Ross to the President, Feb. 12, 1870, in CSF 1870, R464, IOR, H&.
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100
Harvey.
Although, the Kansas House Concurrent E esolution Ho. 26, ■which was
quoted in the clip p in g , was not passed u n til the date o f the President’s
withdrawal request, i t is extremely in ter estin g because anti-monopoly
sentiment was p r a c tic a lly non-existent in the. Kansas House, and because
the resolution was adopted by a vote of 51 to 10*
la th is about-face the
1 o?;er house of the leg isla tu r e not only urged removal o f the Indians, but
a t th is time was w illin g to use Indian lands ntc aid by the appropriation
of such lands j to the most lib e r a l ex ten t, the construction end extension
of our r a ilr o a d s .... and thus induce an early development and settlem ent
o f the country, due regard being had, in a l l ca ses, to th e righ ts of the
s e t t l e r s ,. and the usual in te r e sts of the State in reference to school lands,
as a primary con sid eration .”
This resolution was the r e su lt o f a peculiar
situ a tio n in Kansas p o lit ic s .
I t was introduced by Thomas Kurphy who was
superintendent of Central Superintendency when th e trea ty was negotiated
in 18S8, and who also made an unsuccessful attempt to purchase the Osage
reserve for the Atchison, Topefca, and Santa Fe Railroad Company in 1870.
81
The President’s withdrawal request was dated February 4 , 1870,
but i t appears in the Senate Executive Journal under the date o f the eighth .
However, I t was not u n t il the fourteenth that Senator Harlan made a motion,
which was allowed by unanimous consent, that the Secretary of th e Senate
be ordered to return to President Grant certain Indian t r e a t ie s , among
which was the nefarious Sturgess Treaty.
82
8I Infra, pp. 1 6 ? ff.
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82Senate Executive Journal, 2JII (1869-1871), 361, 365.
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CHAPTER 17
TES 7AM-ABAIR CLAIM
The 0sages were not through with the Sturgess Treaty when President
Grant withdrew i t from the Senate.
I t s ghost case back to plague them for
almost h a lf a century—always threatening to make a serious inroad upon th eir
exchequer.
Out o f the i l l - f a t e d treaty came a claim against the Osage Nation,
the terms and conditions of which are said by W. P. M a t h e t o have o r ig i­
nated in th is manner.
In November, 1869, a party o f s ix Osages requested
Mathes to meet them in Tahleauah, the ca p ita l of the Cherokee Nation, to
serve them in the capacity of an in terp reter.
Mathes s ta te s that he then
liv e d on Cabin Creek in the Delaware d is t r ic t o f the Cherokee Nation, and
that he had not been back to the Osage Nation in Kansas sin ce the beginning
of the C iv il ivar.2
When the stage delivered the le t t e r from the Osages,
Mathes sta te s that he immediately set out and overtook the six Osages who
^Mathes id e n tifie d him self in h is own statements as a mixed blood
Osage about th ir ty -e ig h t years o ld . He a lso claimed to be a licen sed
B aptist m inister.
%hen the C iv ii War broke out about 1,000 Osages sided with the
Confederacy and, according to the agent's report in 1853, only about 100 had
returned. (ARCIA. , 1863, p. 187. For the meaning of symbols see L ist of
Symbols.)
W. P. Mathes was probably a southern sympathizer, because he
was foster-son of John Mathews the rebel leader who was k ille d in 1861.
(See "Chapter I" footnote No. 15.) The k illin g of John Mathews and the de­
stru ction o f h is e sta te probably accounts fo r the fa c t that if. P. Mathes took
up h is abode in the Cherokee Nation.
101
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102
were delegates on th e ir way to Tahleauah.
WI-tin-gar» M o-sho-li-ke,
Major Broke, Big Chief, and two others constituted the Osage delegation
which Mathes says represented only two hands, Big Chief*s and Black Dog*s.
The delegates ezplained to Mathes o r a lly that the government had cheated them
out of th eir land in Kansas, and that they wanted to purchase a home for them­
selv es and th eir children from the Cherokees,
This, Mathes was informed, was
to be the subject of h is in terpretations at Tahleauah.
Arriving at Tahlequah, the Osages met f ir s t Colonel Clement Neeley
Vann, 3 who sent fo r Colonel isilliam Penn Adair. 4 The Osages were then es­
corted to the best h o te l, and th eir ponies were taken to the sta b le s.
Mathes
says when he declared he knew nothing about the Osage a ffa ir s in Kansas,
^This man was undoubtedly an in flu e n tia l leader among h is people.
He was the recip ien t o f many Cherokee national honors. In 1855 he served
as senator fo r Saline D is tr ic t. He was clerk of the Cherokee National
Council in 1869. From 1863 to 1871 he served as a Cherokee delegate to
Washington. (Smait Starr, History of the Cherokee Indians and Their Legends
and Folk Lore (The Warden Company, Oklahoma C ity, 1921), pp. 267, 284 , 296).
According to "The Acts of the Cherokee Council 1870", Colonel Vann was repre­
senting Cooweescoowee D is tr ic t in the Council or House of Representatives
when he resigned in 1870 to accept the p o sitio n o f treasurer o f the Cherokee
Nation. (CCLVII, 3 7 f, MS., in OSES).
In 1872 he became clerk o f the Senate.
Although Colonel Vann was an invalid a l l of h is l i f e he must have been a man
of great in te llig e n c e and a b ilit y to have occupied so many p osition s o f
public tru st. Hie attended school a t Ozark I n s titu te , F a y e tte v ille , Arkansas,
at the same time that Colonel William Penn Adair was there as a student.
(The Advocate, April 18, 1874).
^Colonel Adair was born in Georgia (Cherokee Nation), 1850. (Na­
tion al Free Press, A pril 10, 1880). From. 1855 to 1859 he represented F lin t
D is tr ic t in the Cherokee Senate. From 1869 to 1873 he represented Saline
D is tr ic t in the Senate. He was e le c te d A ssistant Chief of the Cherokee Na­
tio n in 1879. Colonel Adair o ften held more than one important p o sitio n
in the Cherokee Nation. He was a Cherokee delegate t o Washington In 1866
to 1868, 1870 to 1875. He died October 21, 1880. He was "six fo o t and two
inches in height, magnetic, lo g ie a l and frankly agreeable, the a b lest and
most b r illia n t of a l l C h ero k ees,...." (Starr, Cherokees, pp. 264, 867, 272,
296).
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Colonel Vann proceeded to t e l l him how the government had been treatin g the
Osages, and how i t had sto le n both th e ir land and money,,
Colonel Vann then
stated to Mathes that th ey , Vann and .Adair, wanted to help the Osages i f they
could.
After supper Mathes s ta te s the Osage d elegates were taken to a secret
room where there were three Cherokees present, Colonels Vann and Adair and
Cornelius Boudinot.
At th is conference Colonel Adair began t o talk saying:
"Well ask my frien ds i f they are reddy for Business the answer frome the
osages was y e s s .n Then Colonel Adair continued:
T e ll our frien d s the Osages that they government
had sto le there land and that the Osages had signed
there lands a way fo r the price of about 13 c t s . pur
achor and him self Col Adare Col Cornelius Boudnought
was going as soon as coundil vras over to the c it t y of
ivashington and i f the Osage Delegates would gave them a
power o f eturny they would try to gain some more money fo r
th is but i t would cost them a great amount o f money to
do i t and i f they osages give them Half o f a l l the gains
over 18 c t s . pur achor them Col Adar Col Van Boudnought
would take the h a lf and pay a l l cost and i f they did not
accomplish any th in g the osages would not be any lu ser
That they would have to pay a large amount to men in con­
gress and pay big fe e s to lawyers vrho would charge one
Hundred d o lls a word to Speek So the Osages as above
mentioned naimes gave them a power of etum ey to tend to
the case according to there power from the two above,
naimed Bands, so the papers were maid out and signed By
the amount of osages as mentioned above with my naim a l l
so as interpreter so i t was fin ish ed Col Adar taks the
papers and we the Osages s ta r ts for Home no land tr e a tie s
with the cherokees mentioned.®
The Osage d elegates to the Cherokee c a p ita l set out w ith one aim in
mind and accomplished a n o th er-n o t an uncommon fe a t in the art of diplomacy.
Statements of W. P. Mathes on the Vann-Adair claim against the Osage
Nation; one undated and one dated June 6, 1875, Osage Agency, IB S., in Isaac
T. Gibson Papers, a private c o lle c tio n in the p ossession of A. H. and T. E.
G-ibson, 607 Grandview, Pawhuska, Oklahoma. Hereafter cited Gibson Papers.
Both manuscripts are in the handwriting of W. P. Mathes. The fa c ts in these
two statements were, fo r the most part, incorporated in an a ffid a v it many by
W. ?. Mathes, which nay be found in Printed Records o f the Court of Claims
Ho. 258, p. 245. In the printed a ffid a v it some of the Osage names were g iv ­
en a modified sp e llin g . if i - t in-gar was changed to Wah-ti-an-ka. Mo-sho-li-ke
was changed to M o-sho-li-ka, and to Major Broke the word "Arm1' was added.
t
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104
The purpose of the tr ip to Tahleauah was to purchase a new home.
The re­
s u lt of t ie tr ip was the sign in g of a contract, or power of attorney, in
favor of Colonels Vann and Adair and Cornelius Boudinot employing them as
attorneys for the Osage Nation to obtain more money for the Osages for the
land they had sold a t eighteen cen ts per acre.
A b r ie f h isto r ia a l summary of the Varm-Adair claim from the Tahleauah conference in 1869 to 1873 has been taken from the records o f the Court
o f Claims.
At the Osage-Cherokee conference in Tahlequah only the power of
attorney was reduced to w ritin g .
The contract to pay th e Cherokee lawyers
a fe e of f i f t y per cent o f what they obtained fo r the Osages over and above
eighteen cents per acre was an oral agreement.
However, the oral contract
was reduced to w ritin g on Se ;tember 10, 1869.
This w ritten contract was
6
never submitted to or approved by the Secretary of the In terio r.
How­
ever, a fte r favorable le g is la tio n for the disposed, of the Osage land in
Kansas had passed Congress (July 15, 1870), Tann and Adair obtained a w ritten
7
contract from the Osages on February 8 , 1873.
This contract did not provide
a contingent fee as was reported to be the case in the 1S5S contract.
The
1873 contract set §330,000 as the f u l l amount due Vann and Adair for profes­
sio n a l serv ices already rendered.
The Osages in council approved on June 26,
®It was not u n til Congress passed the act o f March 3, 1871, that
the period o f unapproved private contracts came to an end. .lit e r th is date
a n private contracts or agreements were to be submitted to the Commissioner
o f Indian tiff a irs and the Secretary o f the In terior for th eir approval. After
May 21, 1372, even the manner ox macing contracts w ith Indians was provided
by an act o f Congress. (16 S ta t. L ., 570).
7
A c e r tifie d manuscript copy o f .this contract i s in the Gibson Pa­
pers, lo c . c i t . a printed copy may be found inT)oc» No. 49”. Indian Docu­
ments. II (Wm. P. Adair C o lle c tio n ),-696-699, OSHS; ib id .,K 7, 261-265;
Printed Records of the Court of Claims Mb. 258, pp. 198, 200; Sen. Hz. Doc.
No. 29. 43 Cong. 2 s e s s .
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105
1873, the w ritten contract which Farm and .Adair had obtained in February. 8
E lias C. Boudinot - ca lled Cornelius Boudinot by ft. p. Mathes explains the evolution of the Tann-Mair w ritten contract o f 1873.
Some
- time in October or November of 1869, a fter Congress had adjourned, a dele­
gation of Osages v is ite d Tahleauah, because they were d is s a tis fie d with the
pending Sturgess Treaty.
A contract to d efeat the tr ea ty was drawn up by
him, and the p a rties to i t were Yann, Adair and Boudinot on one sid e, and
the Osage d elegates on the other.
The fee was t o be one-half o f a l l money that
the Osages should receive over what they were to receive under the Sturgess
Treaty.
Boudinot further stated that when th e Cherokee d elegation, of which
he was a member, returned to Washington in 1869 a fte r the Yann-Adair-Boudinot
contract had been made, they found the Sturgess Treaty already dead to " a ll
in ten ts and purposes'*.
This status of the trea ty , according to Boudinot,
was brought about by th e opposition even before th eir contract was made.
Boudinot stated that the work he did against the tr e a ty during the 1869
sessio n of Congress was in the character of a Cherokee d elegate, and that
he did not intend.to charge the Osages fo r th a t serv ice.
Boudinot also
s p e c ific a lly declared that Yann and Adair took advantage of a s t r ic t in ter­
pretation of the o r ig in a l Yann-Adair-Boudinot contract to make the Osages be­
lie v e that they were greatly and deeply indebted to Yann and Adair to the ex­
ten t of several m illio n s, and that when Yann and Adair surrendered the origin a l contract and took a new one (1873), h is name was l e f t o f f .
9
845 C. Cls. R. 389, 390.
^Boudinot to Prank H. Smith, S ec., Board o f Indian Commissioners,
July 14, 1375, in Printed Records of the Court o f Claims No. 258, pp. 233f.
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106
Before the Yann-Adair contract o f 1873 was obtained from the
Osages, the Office o f Indian A ffairs was apprised of the approaching
danger.
Agent Isaac T. Gibson tried to protect the Osages by n otifyin g
the superintendent on February 1, 1873:
I have been credibly informed that prominent Cherokees
have been amongst the Osages seeking to cou ncil without my
knowledge or presence, and i f I understand th e ir object i t
i s an improper one. With th is information I tru st the De­
partment w ill not approve any agreement or contract o f the
Osages that may have the appearance of being properly
signed, before obtaining corroborative testimony through
th is o f f ic e .10
The records o f the Court o f Claims reveal th is h is to r ic a l informa­
tio n on the Tann-Adair contract.
The purpose of the 1873 contract was to
replace the former so-ca lled contract of 1869,^ which the Osages had given
12
Yann and M a ir, to defeat the Sturgess Treaty o f May 27, 1868. The 1869
contract supposedly provided fo r a contingent fee w hile the one of 1873
was based upon "sympathy and brotherly fe e lin g ” whereby Yann and M air
agreed to accept a lump sum o f $330,000 as payment fo r t h e ir services to
the Osages.
The 1873 contract claimed credit fo r defeating the Sturgess
Treaty, pointing to House Resolution Ho. 988 (January 28, 1870) and to the
amendment to the general Indian appropriation a ct o f July 15, 1870,
13
as
^Gibson to Hoag, Febr. 1, 1873, in ITMF, 0A0L 1875, IQR, HA.
^The date of the 1869 contract i s somewhat e lu siv e .
were found to vary from. September to December, in clu siv e .
References
12
The records do not reveal that Yann and Adair ever stated that
Boudinot was a party to the 1869 contract.
13
House Resolution No. 988 (January 28, 1870) was Congressman
ClarkeTs proposed b i l l fo r the removal of the Osages from Kansas and the
sale o f th e ir land. For a summary o f th is b i l l see Chapter YI, "The
Removal B ill." I t w ill be observed that under t h is b i l l the Osages were
not to receive the en tire proceeds from the s a le .o f th eir Kansas land.
As to cred it fo r the amendment (Sections 12,.15) to.th e general Indian
appropriation act which was passed July 15, 1870, see a lso Chapter YI.
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107
evidence o f the work that Yann and Adair had done for the Osages.
The
amended appropriation act o f July 15, 1 8 7 0 ,^ provided th at the Osages
were to receive a d o lla r and a quarter per acre fo r th e ir Kansas land.
As a consequence, Tana and M air claimed the Osages obtained several, m il­
lio n more than they would have under the Sturgess Treaty.
In view of these
a lle g a tio n s, i f they were true, i t seems a. b it queer that the p o s s ib ilit y
of a huge contingent attorney fee would cause the Cherokee lawyers to in­
voke the brotherly fe e lin g o f sympathy and thereby grea tly reduce th eir
service charge to the small - comparatively - stip u lated sum of f 530,000.
Hew;ever, when th e w ritten contract o f February 8, 1373, was supposedly
approved by the Osages in council on June 25, the amount of the Yann-Adair
contract was further reduced by the Osages to $230,000.
To t h is further
reduction o f $100,000 Yann and M a ir agreed.
The records of the Court o f Claims also reveal that the contract
of February 8 , 1875, was signed by: "Joseph Pawne no pah she" as principal
ch ie f of the Osage Nation; "Chee su hun kah", principal c h ie f of Clarmont*s
band; Black Dog, prin cip al c h ie f of Black Dog’ s band; "Wah t i in kah," ch ief
counselor of the Osage Nation; Major Broke Arm, ch ief counselor of the Black
Dog band.
A ll o f th ese Osages signed by mark.^5"
The approval of th e 1373 Yann-Mair contract by the Osages in coun­
c i l was accompanied by unusual even ts.
The mixed blood Osage, W. ?. Mathes,
who was interpreter for the Osage d elegation at Tahleauah, a lso narrates
the events which transpired at the Osage payment and cou n cil in June, 1873.
14
In fra, pp. 187f.
.
^ P rin ted Records o f the Court of Claims No. 258, pp. 198-200.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Courtesy Walter Thompson
Colonel William. Penn Adair
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108
Mathes p re fa c e s h i s r e p o r t on th e June c o u n c il by saying th a t he
ju s t
moved back to th e Osage N ation and was p re s e n t a t th e c o u n c i l . T a n n
and M a i r a r r iv e d a t the Neosho Agency i n 1873 d u rin g th e June payment and
found th e Osages in deep tro u b le from two so u rc e s .
A la rg e d e le g a tio n o f
W ich itas were p re s e n t as a r e s u l t o f th e Osages h av in g k i l l e d th e P r in c i p a l
C h ief, Isadawa}7 o f th e W ichita t r i b e .
Also two U n ited S ta te s m arshals were
a t th e Neosho Agency a s a r e s u l t o f some Osages h av in g k i l l e d a w h ite man on
th e p l a i n s .
The r e s u l t of t h i s d e p re d a tin g , sa id M athes, had the Osages in
a c lo s e p la c e .
At t h i s p o in t Tann and A dair to o k a d v a n ta g e .o f the unfavor­
a b le Osage s i t u a t i o n and prom ised r e l i e f to th e Osages from b o th o f th e
above named d i f f i c u l t i e s , i f in c o u n c il th e y 'would approve th e T an n -M air
c o n tra c t o f th e p rev io u s F ebruary.
was s p e c i f i c .
The Tann and M a i r prom ise t o th e Osages
They were to save "from punishm ent
th o se
who k i l l e d th e
?i/itchatow c h ie f and save th o s e t h a t k i l l e d th e w h ite man on th e p la n s ."
F u rth e r, Tann and A d a ir o ffe re d $10,000 b r ib e s to Augustus C aptain,
Governor Jo e , Big C h ie f, W a -ti-a n -c a , W i-t in - g a r , M o -sh o -li-k a , Hard Rope,
C hetopa, and Mathes i f th e y would su p p o rt th e F eb ru ary c o n tr a c t,
Chetopa
p a t r i o t i c a l l y re fu s e d th e b rib e say in g th a t he "Loved h i s p eo p le b e t t e r
15A ccording to W. P . M athes’ own s ta te m e n ts he l e f t th e Osage t r i b e
a t th e o u tb re a k o f th e C iv il War and d id not r e j o i n th e t r i b e u n t i l 1875.
P robably h i s reaso n f o r le a v in g th e Osages in Kansas was to escap e th e f a te
o f h is f o s t e r f a t h e r , John Mathews. (See "C hapter I" fo o tn o te No. 1 6 ).
17On May 5 , acc o rd in g to an a n c ie n t custom a mourning p a r ty of
Osages k i l l e d and scalp ed th e W ich ita c h ie f w hile he was o u t on th e p la in s .
The c h ie f must have been an i n f l u e n t i a l and w e ll- lik e d in d iv id u a l because
Gibson w rote t h a t a l l th e p la in s In d ia n s were about to u n ite t o f i g h t the
O sages. (Memorandum o f th e p ro ceed in g s o f th e Osage C ouncil o f 1873,
MS., in Gibson P a p e rs ).
■
*
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
C ourtesy M rs. C. L. Samuel
C olonel Clement IJeeley Yazm
*
i
!!
•
I
II
!
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109
th a n money”.
Mathes s t a t e s th a t t h e Osages sig n ed th e c o n tr a c t th in k in g th e
amount was only $35,000.
On t h i s p o in t H athes should be q u a lif ie d to
know w hether th e re was any m isapp reh en sio n in th e amount o f th e c o n tr a c t,
because he s t a t e s th a t i t was thro u g h h i s aid and t h a t o f A ugustus Cap­
t a i n , Thomas H o sier, and o th e rs th a t t h e Cherokee law yers g o t what he
term ed a p o w e r-o f-a tto rn e y f o r $230,000.
H athes g iv e s an i n t e r e s t i n g re a so n f o r making th e above s ta te m e n ts
r e l a t i v e to th e Yann-Adair c o n tr a c t.
H is a c t i v i t y f o r Vann and A dair was
because he had heard o n ly t h e i r s id e of th e s to r y and co n seq u en tly he w as •
b i t t e r toward th e agent f o r th e Osages and th e governm ent.
B u t, Mathes
s t a t e s th a t as soon a s he found o u t t h a t C olonels A dair and Yann had n o t
done an y th in g f o r th e Osages, he re v e rs e d h is su p p o rt o f t h e i r c o n tr a c t.
He e x p la in s h is a b o u t-fa c e in th e s e w ords:
"Seeing I was rong I l a i d down
th e te n thousand d o l l a r o fe r and to o k up J u s tic e f o r my fo u n d atio n and
grounds and re m o n stra ted a g a in s t Col A d air and Col Yan and th e Hole o f th e
osag es rem o n strated w ith th e e x c e p tio n o f th o se t h a t a re s t i l l w orking f o r
th e sum of te n thousand d o lls each
19
^ % o t a l l o f the Osage le a d e rs were t a n t a l i z e d by th e g l i t t e r o f
gold o r th e j in g le o f s i l v e r . N e-kah-ke-pun-na was b rib e d by a prom ise
which probab ly had a g r e a te r p o s s i b i l i t y of r e a l i z a t i o n , w hile i t was
n o t so l i b e r a l , he was to be p a id in the common c u rre n c y o f th e p la in s .
He was prom ised "two b eeves” f o r s ig n in g " th e p a p er" on June 26 and,
a cc o rd in g to th e c h ie f c le r k of the Osage Agency, l e f t on th e morning of
J u ly 26 to c o l l e c t on th e prom ise made t o him. ( J . A* Chase to Gibson,
J u ly 27, 1873, i n Gibson P a p e rs ). See N e-kah-ke-pun-na*s p ic tu r e fa c in g
P . 110.
One undated sta te m e n t, -and one d ated June 8 , 1875, Osage Agency,
o f W. P. Mathes on th e Yann-Adair claim , MSS.» in Gibson P a p e rs .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
110
The ex act d a te when. C olonels Vann and A dair a r r iv e d among th e
Osages in Ju n e, 1873, i s n o t known, but Agent Gibson’ s d ia ry from June 14
to J iu y 1 in d ic a te s t h a t Gibson heard t h a t C olonel Vann had a r r iv e d a t
th e agency w ith th e B lack Dog and Big C hief bands on th e f o u r te e n th .
On
th e s ix te e n th Gibson w ro te , "C ol. Vann and M a ir dined w ith me— "
Vann and A dair a c te d as a tto rn e y s f o r the Osages in t h e i r V.'ichita
tr o u b le , ana it- was probably upon t h e i r advice t h a t the Osages re fu s e d to
g ive up th e m urderers o f th e V ic h ita c h ie f , fo r on Tuesday, th e sev e n te en th ,
Gibson w rote in h i s d ia ry t h a t b o th Vann and .-h a ir made long sp eech es a t th e
Osage C ouncil in which th e y opposed su rre n d e rin g th e Osage m u rd erers.
At an Osage C ouncil m eetin g on Monday, th e tw e n ty -th ir d , when Vann
and M a ir were p re s e n t, Cyrus Beede, c h ie f c le r k o f C e n tra l S u p arin ten d en cy ,
and Gibson spoke and ”b r o t . . up th e Vann and M a i r claim o f $530,000="
I n th e s e speeches, "they s a id n o th in g in i t s fa v o r but a g n is t— n
On Wed­
nesday when th e Osage a n n u ity payment was drawing to a c lo s e , Gibson "went
out to se e e o l..V . & A. & C h f s ..— they were . . . .
tr y in g t o g e t the
Osages to approve t h e i r c la im o f $330,000= I asked them t o d e s i s t t i l l I
could in v e s tig a te t h e i r claim —th e y d e c lin e d — *
On Thursday, th e day th e V ann-M air c o n tra c t was supposed t o have
been approved by th e Osage C ouncil Gibson made t h i s n o ta tio n i n h i s d ia r y .
"Sent f o r th e c h ie f s b u t th e y were d e ta in e d by th e Cherokees—Beede & I
went o u t to t h e i r C ouncil & I made a w arning t a l k to th e Osages in p resen ce
of C h e k re s ..—th e y f l a r e d up a l i t t l e —Osages would not come t o C ouncil t i l l
P. M.”
-
"
I t seems p ro b a b le th a t had Gibson known th a t th e Vann-Ad a i r c o n tra c t
had been approved by the Osage C ouncil on th e tw e n ty -s ix th , he w ould have
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I ll
made m ention o f i t in th e d ia r y which ha r e l i g i o u s l y k e p t.
But a p p a re n tly
i t was n o t u n t i l J u ly 1 t h a t Gibson had any knowledge t h a t th e c o n tra c t bad
been approved by th e Osage C o u n cil.
For t h i s d ate th e d ia r y re a d s :
-Talked
t o th e c h fs i n C ouncil about C h e r..b u s in e s s v e ry p la in made them s ic k and
some o f them l e f t — . . . . . They want H i a t t t o w rite p r o te s t a g a in s t payin g th e §250,000= S t e a l - - " 21
A few days a f t e r th e Osage C ouncil had approved th e February con­
t r a c t , Gibson re p o rte d to h is s u p e rin te n d e n t th a t Vann and M a i r had i n t e r ­
fe re d w ith th e p ro g re s s o f th e Osage payment by p re s sin g a f i c t i t i o u s claim,
f o r s e rv ic e s in th e amount o f .£530,000.
The ag en t a ls o s ta te d th a t i t was
a f t e r two weeks o f c la n d e s tin e la b o r t h a t "th ey
jVann and A dair] o b tain ed
a g a in s t my S n tre a ty & p r o t e s t the S ig n a tu re s o f S e v e ra l prom inent Osages,
{Some n o t p re s e n t) to an o rd e r o r r e s o lu tio n f o r th e S e c re ta ry o f th e In ­
t e r i o r to pay S aid Vann & M a i r th e sum o f §230,0003 I can conceive o f no
o th e r means th a n b rib e ry t h a t could have induced Sosas o f th o s e Osages to a id
in Such a b a re -fa c e d fra u d — "
I t was a s s e rte d fey th e a g en t th a t th e Osages
who had n o t been m isled o r c o rru p te d by Vann and M a i r were a t t h a t tim e
p re p a rin g a p r o t e s t .
The rem onstrance a g a in s t th e V an n -M air c o n tr a c t, lik e i t s a p p ro v a l,
had the endorsem ent o f Governor Jo e .
I n J u ly a f t e r th e c o u n c il i n June, w h ile
Gibson was up in Iowa, th e c h ie f c le r k re p o rte d t h a t he had sp en t a h a l f day
re a d in g , e s p la in in g , and ta lk in g t o Governor Joe about th e c o n te n ts o f th e
^ J o h n M ilton H y att a t r a d e r a t th e agency.
21
Is a a c T. Gibson’ s D ia ry , 1873, June 14— Ju ly 1 . An unpublished
m an u scrip t in t h e Gibson P a p e rs . H e re a fte r c ite d Gibson’ s D iary .
22 _
Gibson to Hoag, J u ly 1 , 1875, in N eosho-F ile 1875, HS17, IOR,35Ei.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
112
Osage rem onstrance.
P a u l Aiken, th e o f f i c i a l i n t e r p r e t e r a t th e tim e , was
a ls o p re s e n t a t th e conference w ith th e g overnor w hich was h eld "under th e
shade of a f r ie n d ly t r e e " .
The r e s u l t o f t h i s t e t e a t e t e , so th e c h ie f
c le r k re p o rte d , was t h a t Governor Joe s t a t e d t h a t th e Osage rem onstrance
to l d th e " tr u th and a l l th e t r u t h ” and th a t he "Could" endorse ev ery word
of i t .
Then th e re p o rt s ta t e s t h a t th e governor t o l d th e Chief c le r k in
d e t a i l a l l th a t he knew about "tho se Cherokees? and t h e i r d e a lin g s w ith th e
Osages and denounced th e V ann-M air "documents as a grand s t e a l . . . .
, w2s
S up erin ten d en t Hoag tra n s m itte d th e Vann-Adair c o n tra c t to th e
In d ia n O ffice on May 1 , 1874, and c a ll e d a t t e n t i o n t o h is re p o rt o f Q ctoh e r 11, 1869, on th e S tu rg ess T re a ty .
24
N otw ithstanding Gibson’ s p e rs o n a l and o f f i c i a l a n tip a th y to th e
Vann-Adair c o n tr a c t, S u p erin ten d en t Hoag’ s adverse a t t i t u d e , and th e d isa p ­
p ro v a l o f payment by the Board o f In d ia n C o m m issio n ers,^ the Commissioner
o f In d ia n A ffa irs re p o rte d to th e S e c re ta ry o f th e I n t e r i o r on J u ly 8 , 1874,
t h a t th e g a in of over #5,000,000 to the Osages "ivas la r g e ly due to th e s e r ­
v ic e s of Vann and A d a ir, bu t in th e n a tu re o f th e case th e se s e r v ic e s co u ld
not have been so arduous o r v a lu a b le in them selves a s to w arrant th e payment
of
the f u l l am ount.” However, i t was "recommend t h a t th e c o n tr a c t be approved
f o r th e sum o f $50,000 to be paid th e se a tto rn e y s i n l i e u o f a l l claim s f o r
23
J . A. Chase to Gibson, J u ly 27, 1875, in Gibson P a p e rs.
^ P r i n t e d Records o f the Court o f Cl a la s No. 258, p . 204.
For th e
substance o f H oag's r e p o r t o f O ctober 11, 1869 on the S tu rg e s s T reaty see
p . 91.
“ Delano t o the Commissioner o f In d ia n A f f a ir s , A p ril 25, 1875,
M s.. Record of L e tte r s Sent { S e creta ry of I n t e r i o r ) , In d ia n Commissioner
Book No. 13, (1875-75), p . 358, I0R, HA.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
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113
p a s t s e r v ic e s f o r the Osage R a tio n ." 2® The In d ia n Commissioner, E. P.
Sm ith, th e n endorsed th e Yann-Adair c o n tr a c t on th e same day t h a t he re ­
p o rte d t o the s e c re ta ry , "Approved f o r $ 5 0 ,0 0 0 .”27
A f o r t n i g h t l a t e r th e A cting S e c re ta ry o f the I n t e r i o r , K. B.
Cowen, a ls o approved th e V ann-M air c o n tra c t f a r $50,000, hy p h ra sin g h is
endorsem ent to form a r e c e ip t in f u l l : "th e s a id sum to he in payment f o r
s e r v ic e s re n d e red hy Vann and M a i r a s a tto rn e y s " .
The claim was th e n r e ­
tu rn e d to th e In d ia n O f f ic e .2®
Im m ediately upon Cowen*s ap p ro v a l of the Yann-Adair c o n tra c t fo r
$50,000, th e Commissioner of In d ia n A f f a ir s re q u e ste d in fo rm a tio n a s to
w hether th e c la im could he p aid o u t of th e $200,000 w hich had been appro­
p r ia te d on June 22, 1874, f o r the b e n e f it of the O sages.
This a p p ro p ria ­
t i o n was t o he expended under the d ir e c ti o n and su p e rv isio n o f th e S e c re ­
ta r y o f the I n t e r i o r , s ta te d th e com m issioner.
He e x p lain ed th a t t h i s ap­
p r o p r ia tio n was r e a l l y Osage money w hich had been d e riv e d from the p ro ceed s
o f t h e Osage land s a le s in K ansas,
29
In view o f th e In d ia n Commissioner*s
e x p la n a tio n o f th e source o f th e money, i t seems h a rd ly p ro p e r to c o n sid e r
26
E. ? . Sm ith, Commissioner o f In d ia n A ffa irs , to C. D elano, Secre­
t a r y o f th e I n t e r i o r , J u ly 8 , 1874, MB. , R eport Book No. 24 (Ja n . 19, 1874Aug. 7, 1874), p . 472, I0R, NA; i b i d . , I S . .C o rre sp o n d en c e Land D iv is io n ,
XIV (a p r. 10, 1874— .Aug. 14, 1874), [ P t. IlJ 323, I0R, NA; P r in te d Records
o f th e Court o f Claims Ko. 258, p . 204.
0*7
“ C ourt o f Claims (D epartm en tal Case No. IS), Vann and M a ir v s .
The U nited S ta te s , p . 3 . A c e r t i f i e d t r a n s c r i p t of t h i s case i s in th e
Gibson P a p e rs.
28
R. B. Cowen, A ctin g S e c re ta ry of the I n t e r i o r to the In d ia n Com­
m is sio n e r, J u ly 21, 1874, MS., Record o f L e tte r s S en t (S e c re ta ry of I n t e r i o r ) ,
In d ia n Commissioner Book No. 15, (1873—7 5 ), p . 194, I0R,NA; P r in te d Records
Of th e Court o f Claims No. 258, p . 202; 45 C. C ls . J5 ., 389.
29
Smith to Delano, J u ly 23, 1874, SB. , R eport Book No. 24 (J a n . 19,
1874—Aug. 7, 1874), p . 515, I0S , HA.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
th e #200,000 an a p p ro p ria tio n in th e tr u e sense o f th e word.
However, th e
a c tin g s e c re ta ry , i n h is re p ly , d ire c te d t h a t a r e q u i s i t i o n be drawn upon
th e #200,000 a p p ro p ria tio n .
Because th e s e c re ta ry * s Kind was n o t f r e e from
doubt as to th e p ro p e r use o f the a p p ro p ria te d fu n d s , he d ir e c te d t h a t th e
m a tte r be subm itted " f o r th e c o n s id e ra tio n and a d ju d ic a tio n of th e acco u n t­
in g o f f i c e r o f th e T reasury
Department."^®
• The V ann-M air claim was p a id on August 5 , 1374.
31
The n o ta tio n
on th e r e q u is itio n f o r funds t o pay th e claim s t a t e s t h a t #50,000 was th e
amount o f th e V ann-M air claim a g a in s t th e Osage N ation a r is in g under th e
c o n tra c t of February 8 , 187S.
I t was d ir e c te d t h a t t h i s amount be charged
to th e #200,000 a p p ro p ria tio n f o r " F u l f i l l i n g t r e a t y w ith Osages - Proceeds
of T ru st la n d s .
C olonel Wm. Penn M a i r cashed th e #50,000 check re c e iv in g from a
bank i n W ashington, D. C ., fiv e hundred o n e -h u n d re d -d o lla r b i l l s .
B efore
le a v in g Washington f o r Tahlequah, C olonel .M air had h i s w ife p la c e th e # 5 0 ,000 in currency in s id e h e r c lo th in g a c ro ss h e r c h e s t.
The c o lo n e l ex p lain ed
th a t in case o f f o u l p la y he most l i k e l y would be a cc o sted f i r s t , and th a t
h i s w ife m ight be able to escape in th e m eantime.
M rs. A dair r e la te d th a t
she made th e e n tir e t r i p in those days of slow t r a v e l w ithout changing h e r
c lo th in g .
Upon th e a r r i v a l of th e A dairs in Tahlequah, th ey found th a t
^Cowen to th e In d ia n Commissioner, J u ly 50, 1874, MS., Record o f
L e tte r s S ent ( I n t e r i o r D epartm ent), In d ia n Commissioner Book Ho. 13
(1873-75), p . 200, ICE, HA.
^ I n d i a n A p p ro p riatio n le d g e r No. 19, F o lio 16, MS., in 513, OIA,
32
R e q u isitio n No. 7165, Aug. 5, 1874, MB. , In d ia n O ffice Requi­
s i t i o n Book, 22CC7 (7001-7500), I0R, NA.'
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115
Yann, th e p a r tn e r in th e claim , had j u s t d ie d .
o f $25,000 was d e liv e re d to h i s w ife .
33
C olonel Faun’ s i n t e r e s t
54-
The payment o f th e Y am -A dair claim provoked two in te r e s t in g com­
m ents.
W. P. Mathes, an acknowledged prom oter o f th e 1873 c o n tr a c t, com­
mented upon th e payment of th e $50,000 as b e in g "cunningly o b tain ed through
fr a u d , m is re p re s e n ta tio n and fo rg e ry " w h ile B oudinot, a p a r tn e r in th e
e lu s iv e c o n tra c t o f 1359, was d e cid e d ly more em phatic, i f p o s s ib le .
Ee
s a id , " I pronounce th e payment o f the ^50,000 a most m onstrous f r a u d ."
35
I t soon developed th a t the claim an ts d id n o t in te n d to reco g n ize
t h a t they had bean paid in f u l l f o r t h e i r s e r v ic e s .
In 1875 th e S e c re ta ry
o f th e I n t e r i o r , Columbus D elano, re c o n sid e re d th e claim but d ecid ed Yann
|
and A dair had been paid enough.
However, he d ir e c te d t h a t th e q u e s tio n of
j
th e claim be r e f e r r e d a g a in to th e P r e s id e n t’ s Board o f In d ia n Commissioners
I
!
f o r exam ination and re c o n s id e ra tio n .
As th a t b oard had a lre a d y rendered
one un fav o rab le d e c is io n on th e claim i t was opposed to any f u r th e r in v e s t i |
g a tio n o f the s u b je c t.
S3C olonel Yann d ie d A p ril 9 a t h is home on Grand R iv e r.
v o c a te , A p ril 18, 1874).
(The Ad­
S4These f a c t s were r e la te d to th e w r ite r on October 7 , 1937, by
M rs. Sue M. Sogers from memory. Mrs, Sogers a t th e tim e o f th e e v e n t de­
s c rib e d was th e w ife o f C olonel 'Ym. Bsnn M a i r .
35
Undated statem en t o f VY. P . Mathes in h i s own h an d w ritin g on th e
Yann-Adair c o n tr a c t, in Gibson P ap ers; E l ia s C. Boudinot to Prank H. Sm ith,
Sec. Board o f In d ia n Commissioners, J u ly 14, 1875, i n P r in te d Records o f the
C ourt o f Claims 330. 258, p . 234.
Delano to Commissioner o f In d ia n A f f a i r s , A p ril 23, 1875, MS..
Record o f L e tte r s S en t (S e c re ta ry of I n t e r i o r ) , -In d ian Commissioner Book,
No. 13 (1873-75), p . 358.
37
I b id . , p . 425.
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I t seems to have been th e p e rs is te n c e o f th e Cherokee c laim an ts
a g a in s t th e Osage R ation fo r th e b alan ce o f th e .£230,000 claim which
caused the Osages* Quaker In d ia n A gent, Isa a c T. G ibson, to re q u e st th e
P resid e n t* s Board o f In d ia n Commissioners to v i s i t th e Osage Agency gnri
in v e s tig a te the v a l i d i t y o f the claim .
T h is re q u e st was made by Agent
Gibson in June, 1875, w hile he was in 'Jash in g to a on o f f i c i a l b u s in e s s .
About th e same tim e th e governor o f t i e Osage Hat in n and some lo a d in g men
o f th e t r i b e prepared s e rio u s charg es a g a in s t Agent G ibson.
As a conse­
quence o f th e agent*s re q u e s t and th e gov ern o r’ s ch arg es th e departm ent
d ecided to in v e s tig a te b o th tics Yann-Adair claim and th e charges a g a in s t
G ibson.
A commission was appointed f o r th e p u rp o se , b u t a f t e r i t had s e t
o u t f o r th e Osage Agency, i t -was in s tr u c te d by te le g ra m to omit t i e in v e s t i­
g a tio n o f th e Vann-Adair Claim and to e o n fin e i t s e l f e x c lu s iv e ly to t h e in *
33
v e s tig a tio n o f the ch arg es a g a in s t G ibson.
The Commissioner o f In d ia n A f f a ir s a u th o riz e d th e Associated S secu f
ti v e Committee o f Jriezsda to b e re p re se n te d a t th e in v e s t ig a tio n o f t h e i r
a p p o in te e , Isa a c T. Gibson. A ccordingly D octor W illiam N ich o lso n , who was
a tr a v e lin g g e n e ra l agent fo r th e A sso ciated E x ecu tiv e Committee o f F rie n d s
on In d ian A f f a ir s , was d ir e c te d to a tte n d th e Gibson in v e s t ig a ti o n .
L a te r
however, th e committee of F rien d s th o u g h t t h a t th e p u b lic might be b e t t e r
39
s a t i s f i e d i f i t were not re p re se n te d a t th e i n v e s t ig a tio n .
C onsequently,
no o f f i c i a l Quaker re p re s e n ta tiv e was p r e s e n t.
At l e a s t one o f th e charges a g a in s t Agent Gibson was a c t u a l ly p r e H. S. N eal, "Osage In d ia n I n v e s tig a tio n " , Iro n to n R e g is te r,
O ct. 14, 1875.
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M inutes o f th e A ssociated Exe c u tiv e Committee o f F rie n d s on In ­
d ia n A f f a I n d i a n a p o l i s . 1 0 th Month, 1875 (Free P r e s s Steam P r in tin g
House, Hichmond, In d ia n a , 1875), p . 3.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
pared by Colonel M a ir, and the Friends committee was certa in that he
played a prominent part in causing the Secretary of the In terior to in­
s tit u te the in v estig a tio n .
The Washington Committee,^0 or the sub-committee,
of the Associated Executive Committee, held a meeting a t A tlantic City, on
August 10 and 11, 1875, a t which time certain information r e la tiv e to Adair
and Osage a ffa ir s was la id before them.
Among other charges against Agent Gibson, i s one of
malfeasance in o ffic e made by 73. ? . Adair, who i s endeav­
oring to procure payment o [ f ] an exorbitant and unjust claim
against the Osage Indians, which payment i s opposed by Agent
Gibson.
Being assured by the testimony of Superintendent
Hbag, and oth ers, that th is claim i s a wrong one, the
Committee extends to Agent Gibson th e ir sympathy and
support in h is present trying circum stances.^She Commissioner of Indian i f f a irs a lso had knowledge of the fact
that Adair was the in stig a to r o f the charges against Gibson.
As early as
July, 1875, the commissioner had w ritten to Adair in such a manner as to
indicate beyond any doubt h is b e lie f that he was g u ilt y o f unjustly med­
dlin g in Osage a ffa irs: "I am in receip t o f your le t t e r o f the l" in s t ..
referrin g to a memorial by the Osages containing a lle g a tio n s and charges
I
of malfeasance in o ffic e against Isaac T. Gibson Indian Agent for the
Osages and requesting .that no more funds be rem itted him u n til these charges
are in vestigated — "
This intrusion by Colonel Adair into Osage a ffa ir s must
have been the straw that broke th e camel’ s back for the commissioner concluded
^Thomas Wistar, Edward Earle, Charles F. C offin, James E. Rhoads,
ib id ., p. 12.
■^•loc. c i t .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
'Courtesy Haverford College
Ile-kah-ke-paSi-uah. (Racing Him)
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118
heatedly: nth is o ffic e does not in any way recognize you as representing
the Osage Nation either as agent or attorney, and you w i l l hereafter please
cease your interference with the a ffa ir s of th at agency in any form what­
ever and w i l l hold no more councils ’w ith these Indians on any subject.
Gibson was n o t w ith o u t
so le
l o c a l Osage s u p p o rt in h i s long f i g h t
on th e Yann-Adair claim e s p e c ia ll y among th e L i t t l e Osages,
Two prominent
members o f t h i s group, Chetopa and Young S tr ik e Axe, w rote him, "S/e th e
le.ding men of th e l i t t l e 03ages would lik e to S ig n th e P e t i t i o n th a t you
w i l l Get up a g a in s t th e cherokee C-sting any more of o u r money,"
They a lso
s ta te d to th e agent t h a t i f he would send th e p e t i t i o n to them, th e y would
have some of the mixed bloods sig n i t .
A1*
Although the federal in v estig a tin g committee was instructed to con­
fin e i t s in vestigation s to the charges against Gibson, one of i t s members
u n o ff ic ia lly reported'these findings:
;
Wm. P, Adair, a Cherokee lawyer, shrewd and’ .unscrupulous,
has a large claim against the Osages, amounting,to $230,000,
fo r pretended p rofession al s e r v ic e s , in securing t ie R ejection,
by the President, of the Sturges trea ty o f 1865, ’ In order
to secure the cooperation of 'Governor* Joe, /hod other leading
ch ie fs and h ^ f breeds, T was confideatJjTiafom ed that he had
been very lavish in h is promises of. d iv isio n and reward.
•Their cupidity not being able t o withstand the temptations has
caused them to render him th eir assistan ce in securing payment,
although they w i l l help to rob the people o f t h is large su m ...,.
The ch ief councellor, Chetopa, more noble than the others,
contemptuously refused a bribe o f 110, 000, saying he preferred
the welfare of h is children to any man's money. The Agent
b elievin g the claim to be wholly unjust, has fought the same
by every means in h is power, and has I tru st succeeded in
&_
42
Smith to TUT. P. Adair, July 2, 1375, "Cn, in Gibson Papers. Two
months before the commissioner had w ritten the Osage Agent as follow s:
*fFor your information you are advised
that Col.
Adair w i l l not be recog­
nized in any o f f ic ia l connection with
the Osage
Indians andthat no in­
formation w i l l be furnished him in regard to them." (Smith t o Gibson),
Sky, 1375, in Gibson Paper
A rt
Chetopa and Young Strike Axe to Gibson May 27, 1875, in Gibson
Papers.
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obtaining i t s f in a l r e je c tio n . This opposition has brought upon
him the i l l w i l l o f M air and h is confederates among the Osages.^4
The fa c t that Osage t r ib a l funds had been diverted to pay Vann and
M a ir made a deep impression upon the Osages.
A government inspector ob­
served the d iss a tis fa c tio n during Superintendent Hoag’ s trip to the agency
to make a ten d ollar per cap ita payment.
The inspector reported that "much
indignation i s f e l t , at the d iversion o f $50,000 o f th e ir funds, by the pay­
ment o f 93. P. M a ir. . . .
,"45
A newspaper reporter, who wrote under the name o f "Business" com­
mented upon Gibson’ s removal as Osage Agent in 1876 as being a rad ical
change which would pave the way fo r the payment of the balance o f the fraaule n t M a ir claim of $180,000.
"Business" must have bean a wide-awake and
a le r t employee or resident a t the Osage Agency, because he seemed to be acI
quainted with the d e ta ils of the su b ject.
"Mair", he wrote, "is vigorously
working fo r a larger appropriation fo r the Osages, which he would not do
without p o sitiv e assurances.
He opposed th e appropriation two years ago u n til
assured by somebody of #50,000 or more."
He did not get more "because Agent
Gibson made contracts and estim ates covering the balance to prevent a further
s te a l. . . .
,"45
According to testimony taken before the House Committee on Indian
A ffairs in 2376, the Vann-Mair claim must have lingered, but not id ly , about
the h a lls o f Gongress.
M air was to help John P. C. Shanks, a member of
S. Neal, "Osage Indian In vestigation " , Ironton R egister, Oct.
14, 1875.
45
Report o f Inspector Sdw. C. Eemble on th e Osage Agency, Dec. 3 ,
1875, MS., copy in Gibson Papers.
46"Osage Indian Agency", The Monitor, July 20, 1876.
■
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120
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Congress, become attorney fo r the Five C iv ilized Tribes, and Shanks was
to a s s is t Adair to get the balance of h is Osage claim.
4?
In 1877, Congressman W. W. ?/ilsh ire o f the House Indian Committee
made a favorable report for the Vann-Mair claim, in which he to ld o f the
action and influence o f Vann and M air before the House and the Department
o f the In terio r.
A summary o f th e whole h isto ry of the contract was given
by Wilshire.^®
A fter the Wilshire report Congress was s ile n t on the Vann-Mair
claim for the next three years.
However, on May 21, 1830, Congressman
R u ssell Errett o f the Indian Committee made another favorable report.
4.Q
In 1881, the Baltimore Yearly Meeting took cognizance of the contin­
uance of the Vann-Mair claim by saying, "Friends should earnestly uphold
the agent and the Indian o f fic e in withstanding th is unjust charge."
50
The progress of the Vann-Adair claim, in the Department of the Interior
from 1875 to 1884 i s summarized b r ie f ly .
On A p ril 24, 1875, the Secretary
o f the In terio r referred the claim to th e Board o f Indian Commissioners.
The board a t a regular meeting recommended (July 29} no farther payment be­
cause "5550,000, which was paid on the recommendation of th e Commissioner of
Indian A ffa irs, in lie u o f a l l claims fo r past services fo r the Osage Nation,
i f any payment was ju s t ifia b le , i s ample fo r the services a lleg ed to have
been rendered. . . . . ”
The board directed th at "the papers. . . . .
be
47
Testimony of G. HU. In g a lls, Jan. 19, 187S, in H» Misc. Doc. No.
157, 44 Cong. 1 s e s s ., V{1702), 56.
48
H. Report No. .186. 44 Cong. 2 s e s s ., (1770), pp. 1-4.
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^ H . Report No. 1519, 46 Cong. 2 s e s s ., (1957).
50
Minutes of Baltimore Yea rly Meeting of Friends, 1881 (Steam Press
of William K. Boyle, Baltimore, 1881) ," p . 18.
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returned . . . . .
with the earnest recomsendation th a t no further payment
be made thereon."
On December 7, 1875, Secretary Z. Chandler considered
the application fo r the unpaid balance o f the claim and re-affirm ed the
action of h is predecessor and the President’ s Board of Indian Commissioners.
Secretary Chandler held that the claim had no le g a l or equitable standing.
Again on May 6 and 14, 1881, Secretary 3. J. KLricwood, in considering the
claim, refused to take any action and re-affirm ed the d ecision s o f h is pre­
decessors.
I t was not u n til .April 1, 1384, that a Secretary o f the Interior
seemed in clin ed to re-consider i t .
On t h is date Secretary H. M. T eller sub­
mitted the claim to th e Attorney General, Benjamin Harris Brewster, who on
the th ir tie th day o f A pril made an adverse report to the p e titio n e r s .
Sec­
retary T eller next, on September 17, 1884, submitted the question to the
Court o f Claims by virtue of an a ct which had been passed March 3, 1885,
the t i t l e o f which was "An Act to afford assistan ce and r e l i e f to Congress
51
and the Executive Departments."
I t seems a curious turn of fa te that one o f the attorneys fo r the
Osages from 1884 to 1887 should have been ex-Governor Samuel J. Crawford
o f Kansas, who had played no small part in opposing the r a tific a tio n of the
Sturgess Treaty in 1868.
Crawford’ s answer to the Vann-Mair p e titio n
averred that the verbal contract of 1868, i f any, was made by individuals
who did not represent the Csage Nation and only acted upon th eir
n re­
cot
sp o n sib ility ; that the w ritten contract o f November 1369, i f any, was signed
by individuals who had no power to bind the Osage Nation- that no such con­
tract was submitted to , or r a tifie d by the Osage Council; that t h is contract
51Court of Claims (Departmental Case No. 19), Vann and M air vs.
The United S ta tes, pp. 1 -4 . A c e r tifie d manuscript copy i s in the Gibson Papers.
See a lso 20 C. Cls. Et., 542.
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122
Sas never approved by an o f f i c i a l o f the government; that t ie In terio r De­
partment did not have a copy of the 1853 contract, nor was a copy submitted
with the papers f ile d with the case then before the Court of Claims; that
the 1869 contract did .not e x is t; that the contract o f 1875 was not binding
upon th e Osage Nation u n til approved by the proper governmental o f f ic ia ls
and then only binding to the extent of the approval, which was 050,000;
that the claimants did. not secure the r e je c tio n of the Sturgess Treaty or
obtain, the favorable le g is la tio n which provided fo r the sale o f the Osage
7
land in Kansas at one d ollar and a quarter per aers, 5 w
Although the p e titio n to ra-open the Yann-Adair claim, against the
Osages was submitted to the Court o f Claims on September 17, 1884, i t was
not heard u n til May 51, 1887.
December 12 of that year.
Moreover, the case was not decided u n til
At th is time the court held that th e Secretary of
the Interior had no rig h t to re-open the case,
55
From 1887 to 1906, no action was ta ten on the Yann-Adair claim.
Apparently no fu rth er action was possib le a fter the adverse d ecision o f 1887
by the Court o f Claims u n til a sp e cia l ju r isd ic tio n a l act was passed (1906)
conferring upon that court the authority to hear and determine how much, i f
any, the Osages s t i l l , owed Yann and j\dair fo r defeating the Sturgess Treaty
o f 1868.
The ju r isd ic tio n a l act of 1906 directed that the Yann-Adair case
should be decided e ith e r upon the b asis o f contract or quantum meruit.
The
^Samuel J . Crawford, Attorney for the Osage Nation.- P e titio n in
the United States Court o f Claims No. 19, Departmental Case, Yann & Adair
v s. The United States and the Osage Nation of Indians (W. H. Moore P rin ter,
511 11th S t ., N. K. (Washington, D. C.J Crawford swore to th is p e titio n
Jan, 24, 1885. A copy o f t h is p e titio n i s in the Gibson Papers.
53
I b id ., pp. 1-4, MS., copy in Gibson Papers.
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executor or administrator was to have fo rty days from the passage o f the
act to f i l e a p e titio n against the Osage Nation.
A copy of th e p e titio n
was to be f il e d with the Secretary of the In terio r, and a copy was to be
5A
given to the p rin cip al c h ie f of the Osages.
By authority o f th is act Sue M. Bogers, executrix for the e sta te o f
Wm. P. Adair, and Cullus Mayes, adm inistrator fo r t i e Clement N. Yann esta te ,
went before the Court o f Claims to recover the balance claimed under the
contract o f February 8, 1873.
The case was decided May 2, 1910.
55
After a long
h is to r ic a l review of the f a c ts , Ju stice Booth delivered
and
in terestin g
the opinion, o f
the court, saying, in part:
The Osage Hations were quick to repudiate the
contract, and, before the treaty had been submitted to the
Senate, commenced a campaign against i t s r a t ific a t io n . The
people of Eansss lik ew ise joined in public and p rivate man­
ife s ta tio n s o f disapproval w ith the treatment accorded the
Indians, which, in conjunction with the debate, in te r e s t,
and delib eration s i t s presentation to th e Senate provoked,
resulted in i t s withdrawal by President Grant. The defeat
of the trea ty and the enactment of le g is la t io n wherein the
rig h ts o f the Osage Indians were f u lly conserved and protected
was not the work o f a day ctr a single in d ivid u al. . . . To
say, however, th at they brought about the f in a l r e s u lt , that
they alone were instrumental in bringing to public a tten tio n
t h is attempted invasion of defendants* rig h ts of property i s
hardly p la u sib le. . . . .
There vrere so many fa cto rs and so many and varied
sources of influence brought to bear in a concerted e ffo r t
to defeat th is tr ea ty that to award compensation to the
Claimants upon the theory of paramount or exclu siv e service
would be an unjust perversion o f Indian funds.................
54 S ta t. L. , 365; Charles J . Sappier (Comp.) , Indian ia ffa irs.
Laws and Treaties (Government Printing O ffice, Washington, 1913), I I I ,
23Sf; Balph A. Barney, Laws B elating to Osage Tribe o f Indians From May
18, 1824 to March 2, 1929 (The Osage P rintery, Pswhuska, Oklahoma, cl929),
j p . 39.
55A complete transcrint of the case which includes about twelve
hundred pages of printed m aterial may be found in Printed Records o f the
Court o f Claims Sfe. 258.
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124
I t i s unnecessary to d iscu ss the o ra l agreement of
1868 between claimants and defendants; i t was obviously
i l l e g a l , and no contrary contention i s now made. In 1869
another contract of employment, subject to the same objection,
was consummated, and the claimants are th erefore relegated to
the contract o f February 8, 1873. . . . .
In Indian cases where the contracts must be subject
to the scrutiny and approval of the Secretary o f the Interior,
where the attorney’ s c lie n ts are le g a lly considered as not
sui ju r is , the action o f the Secretary as the o f fic e r charged
with r e sp o n sib ility in the premises w i l l lave great weight.
Talcing t h is fa c t in connection with the circumstances of the
case, the nature of the services to be performed, the fa c t
that the subject matter concerned was of n ecessity a great
public question. . . .we think the sum already allowed and
paid e n tir e ly s u f f ic ie n t . Many charges of bribery and fraud
are made and there i s much c o n flic tin g evidence in the record
concerning them. S u ffice it to say th at th e Osage Indians
at the time were tr ib a l Indians and not highly c iv iliz e d .
The p e titio n i s dism issed . 55
While Vann and Adair were the only recip ien ts of an award from the
Department of the Interior for defeating the Sturgess Treaty, there i s a d i­
v e r sity o f opinion as to who was responsible for th at d e fe a t.
There were
many c o n flic ts in th e evidence presented.to the Court o f Claims and only
the e ffo r ts o f Yann and M air against the treaty were le g a lly considered.
However, certain opinions which were beyond the realm o f the court never­
th e le ss contribute in te r e stin g s id e -lig h ts on public opinion which should not
be considered as r e fle c tio n s upon the fin d in gs o f the court.
They are sub­
mitted not to contradict the court’ s fin d in gs, but to supplement.
The d i­
verse sources that opposed the Sturgess Treaty, w hile known to the court,
were not before i t .
Therefore, these e x tr a -le g a l op in ion s,'w hile super­
fluous to the court’s d ecisio n , are in ten sely in terestin g to the student o f
h isto ry whose quest should be fo r the whole tru th .
56
Court of Claims o f the United St fetes So. 29607 (Decided May _2,
1910}, Sue M. Sogers, Executrix o f the Estate of William P . M air, and
Cullus Mayes, Administrator o f the S3ta te o f Clement N. Yann, v. The
United S tates, pp. 1 -5 , in Gibson Papers; 45 JC. C ls. R ., 591 e t sag.
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125
Dr. Peter McVicar quotes William Sturgess, president o f the Leaven­
worth, Lawrence, and Galveston Railroad Company, as saying, "The treaty would
have gone through as s lic k as a pin i f i t were not fo r those confounded
schoolmen in Kansas."
57
In 1875, ex-Congressman Sidney Clarke made a statement to the Board
o f Indian Commissioners that Vann and M a ir had worked fo r th e d efeat of the
Sturgess Treaty, and th at he thought th e ir claim fo r fe e s was ju st and w ell
earned. 58
I t would seem from t h is statement that Clarke was inclin ed to
d iscr e d it h is own vigorous e ffo r ts against the Sturgess Treaty.
In a speech "before the Pioneer H isto rica l S ociety of Labette County
in 1876, Clarke said, in reviewing the h istory of Osage Indian A ffa irs, that
John Speer, ed ito r of the Kansas Tribune, SoIonian Markham, Henry C. Whitney,
and George H. Hoyt were a ctiv e opponents o f the Sturgess Treaty and cooperated with him for the good of the s e t t le r s .
59
In 1911, forty-one years a fte r the Sturgess Treaty had been withdrawn
from the Senate, ex-Governor Crawford claimed a large share in defeating i t .
He was far from modest in measuring the r e s u lts of th e part he had played
when he was the ch ief executive o f Kansas.
He wrote th a t "With th is inform­
ation before them George W. Julian o f Indiana, Chairman of the House Com­
m ittee on Public Lands, and Judge Lawrence o f Ohio, opened with Gatling guns
and riddled the treaty u n til i t became a stench, and was f dually withdrawn
57
Dr. P. MeVi car, "School Lands on the Osage Reservation," in
Kansas H isto rica l C ollections. V (1891-1896), 71.
^Clarke to Clinton B. F isk , Chairman Board o f Indian Commissioners,
May 21, 1875, in Indian Documents. I I (William P. Adair C o llectio n ), 473,
479, OSES.
• 59
The Sun, Sept. 30, 1875.
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from the Senate."
60
The Osage Agent prepared a ::ta.tement on the 1873 Yann-Adair con­
tra ct in which he in te r e stin g ly reviewed the whole h isto ry o f th e claim.
He
denied that the Osages gave "Adair & Co.7 authority as agents or attorneys to
break the Sturgess Treaty or to s e l l th e ir land in Kansas.
Be admitted that
individual Osages from only two bands had employed Yann and Adair.
Hie as­
serted that the power o f attorney which had been obtained from the two bands
sx because
was returned to the tr ib e about September 1 , 1870, by "Adair & Co"
"the said Adair & Co. . had done nothing in th ese matters f o r the Osages
worthy o f charge & that no charge fo r services was made & that the papers
in the ease were then & there destroyed by the Osages—",
He stated the
pretended contract o f February 8 , 1873, was not the act o f the tr ib e or i t s
delegates but th at o f in d ividu als, and that the signature o f Governor Jo­
seph Pssme-no-pashe was not genuine but a forgery.
He declared that a fte r a
copy o f the 1873 contract had been obtained and explained to the Osages,
most o f the leading men signed a revocation or p rotest which was duly for­
warded to the O ffice of Indian A ffa ir s.
Be averred that the purported action
of the Osage Council on December 14, 1874, endorsing the
fifty-thousan d-dollar
payment to Yann and Adair and further requesting the government to pay the
balance of the claim ($180,000), was a spurious document.
He said that th ir­
teen o f the signatures o f the fourteen Osage c h ie fs whose names were on the
Samuel J. Crawford, Kansas in the S ix t ie s ( a. C. McClurg & Co.,
Chicago, 1911), p , 507.
^^Tt should be observed that t h is surrender of the power o f attorney
was made a fter th e withdrawal of the Sturgess Treaty and the passage of a
b i l l on July 15, 1870, whereby the Osages were to' be’ removed and to receive
one d o lla r and a quarter per acre fo r th e ir land in Kansas.
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I
I
!
127
document o f December 14, 1874, were forged.
These th irteen c h ie fs were
not even present at the council which the agent stated was held in a re­
mote sectio n of the reservation and without authority from the tr ib e . 62
I t i s not known when agent G-ibson made the above statements but he
had not changed h is opinion of the Fann-Adair claim as la te as 1905.
On
th is d ate, or la te r , he wrote:
. At no time have any o f the ch iefs or headmen of the
Osages claimed or admitted to me that the Osages were in­
debted to 7 . & A. 230,000 or any other sum for th e ir
alleged services as claimed by said 7 . & A. in said paper
of Eeb 8 , 73, nor have said Osages when I have reproved
them for signing said paper j u s t ifie d th e ir action on th e
ground that the Osages were indebted to 7 . & A. 230,000
or any other sum—Therefore I b elieve and affirm without
fear of successfu l contradiction that none of the Osages
signed said paper fo r the purpose of paying or sa tisfy in g
any debt but fo r the purpose of securing the bribes amount­
ing to several thousand d o llars which 7 & A promised the
Osages i f they would sign said p a p e r s.^
Since the contract of 1873 was the document upon which Vann and
Adair received #50,000, and upon which the balance o f the "’130,000 claim
was based, i t was decided to apply the t e s t of in tern al and external
c r itic ism in order to check Agent Gibson’ s p ersisten t statements o f
fraud and forgery.
By way o f summary and-criticism i t w i l l be recalled th at Justice
Booth of the Court o f Claims dispensed w ith the Tahlecueh o ra l contract of
18S8, i f any, and the w ritten contract of 1869, i f any, as not having any
"Memoranda-Contract", 1-3, an undated manuscript in the hand­
w riting o f Isaac T. Gibson, in Gibson Papers.
S3
An undated, unsigned memorandum in the handwriting of Isaac T.
Gibson on the reverse side of a C. S. Martin le t t e r head which bears the
folloiving place and date: Salem, Iowa, Kov. 9 , 1906-, in Gibson Papers.
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128
v a lid it y .0 *
His dictum was that i f Vann and Adair had any claim against
the Osage Nation, i t rested upon the contract o f February 8 , 1373.
The
v a lid ity o f t h is contract rested upon the fa c t that i t was approved by the
/ • g r
Department of the In terio r.
The annuity r o lls of the Osage trib e were carefully analyzed to
esta b lish the id en tity of the signers to the questionable contract of 1875.
The r o lls for the semi-annual Osage payments of October 8, 1872, and June
28, 1373, cover the period from the signing to the approval of the VannM air contract by the Osages.
These r o lls show th at Che-she—hun-ka ° was
only a member of White Hair’ s band, while the Vann-Adair contract shows
"Chee-su-hun-kah” as p rin cip al ch ief of Clermont*s band.
The c e r tific a te s
which are attached to the annuity r o lls and which'were signed by the chiefs
and headmen of the tr ib e do not include Che-sho-hun-ka*s name as a t r ib a l
o ffic ia l.
Both of th ese annuity r o lls show that t h is particular Osage was
only an ordinary member of White H air's band without any tr ib a l rank or
d istin c tio n .
However, in fab le and in h istory there have been kings for a
On the 1868 or 1869 contract Gibson wrote in 1905: "’The said
Vann & M air had a contract with said Osage Inds,.* i s not true—Up on
in v estig a tio n I found 2 Osages made t h is 30 called contract with Mr. M air
& other Cherokee Delegates to Washington, D. C. to w it: Wah-ti-an-ka of
Big Chiefs Band and 3roke Arm o f the Black Dog Band—No council of the
Tribe authorized them to make the v i s i t to the Cherokee3 or to make any con­
tra ct on any subject, nor did they report such contract to any council as
information or for approval & r a tific a tio n —The Great Osages were divided
into 6 Bands & the L ittle Osages comprising one Band only—Those 2 Bands
named sympathized with the rebel slave holding Cherokees & wandered much
in the Cherokee Reservation & these acted for these 2 Bands." (Sfemorandum,
"Review o f Report o f Mr. Burke of the Committee of Indian A ffairs, H. 3. April
5, 1906w, by Isaac T. Gibson (n. d .) , in Gibson Papers).
65
For the opinion o f Ju stice Booth see pp. 123f.
6S
For a l i s t o f the Osage signers to Vann-Adair contract see p .107.
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129
day.
Perhaps Clermont*s band imported a c h ie f for a day*—apparently
u n til the Yann-Adair contract was signed.
This must have been the case;
otherwise i t would be hard to exp lain how Che-sho-hun-ka happened to be
a ch ief fo r a day.
[ Ciannont*sJ
Further, the annuity r o l l s show that the Clammore
band had another c h ie f, whose name ’was Clanmore.
A careful
check of the membership o f Clammore’ s band fa ile d to reveal any Osage by
the name o f Che-so-hun-ka.
Therefore, "Chee-su-hua-kah" must have been a
Yann-Adair imported impostor.
The annuity r o lls reveal that Che-sho-hun-ka
was never a ch ie f o f any band u n til a fte r the contract in question was ap­
proved by the Osage cou n cil.
On the Yann-Adair contract the name "Nah t i in knh" appears as the
c h ie f counselor of the Osage Nation.
On the annuity r o l ls previously
mentioned, the name i s sp elled "Wat-ti-an-kah”, but the o ffic e i s greatly
reduced in degree.
According to these government p a y ro lls, Y&h-ti-an-ksh
was only a counselor for Big Chief* s band—a clannish d iv isio n of the en­
t ir e Osage tr ib e .
The f i r s t time the name o f a national counselor appears up­
on the c e r t ific a t e s attached to the annuity r o lls as a t r ib a l o f f i c i a l was
November 4, 1873, and then h is name was not "Yah t i an kah" as indicated
upon the Yann-Adair contract.
According to the annuity r o lls , Chetopa, coun­
s e lo r for the L ittle Osages, was-promoted to the newly created high o ffic e of
"Counselor fo r the Osage Nation."
Consequently, there was no regular o ffic e of
"Counselor f o r the Osage Nation" when the Yann-Adair contract was signed, or
when i t was la te r supposedly approved by the Osage Council.
Major Broke Arm’ s name appears on the Yann-Adair contract as "Chief
Counselor" fo r the
31ack Dog band.
The semi-annual annuity r o lls fo r the
period show "Sah-skos-wa" as the counselor fo r Black Dog’ s band.
I f Nah-skom-wa
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150
means Major Broke Arm,
67
t ills signature cannot be attacked.
However, i t
was in te r e stin g to note that the name Tfah-skom-wa does not appear among
the members lis t e d fo r Black Dog*s band.
I t appears only upon the receip t
or c e r t ific a t e o f payment where a l l t r ib a l o f f i c i a l s with th e ir respective
t i t l e s are d elin eated .
However, the name Broke Arm. appears upon the member­
ship r o l l o f the band.
Therefore, Broke Arm and Wah-skoja-wa must have
been one and the same person.
He probably put h is name on th e membership
r o l l o f th e band as Broke Arm and then signed the government receip t as
"Wah-skom-wa".
I f t h is i s not tru e, then Major Broke Arm was also an im­
postor impersonating an Osage tr ib a l o f f i c i a l when he signed the Yann-Adair
contract and in r e a lit y was nothing but an ordinary member o f the Black Dog
band.
The name "Joseph Pasrae-no-pash-she” was a ffix ed to the Yann-Adair
contract o f February 8 as p rin cip a l ch ief of the Osage Nation.
Governor Joe
never did hold the t i t l e of principal ch ief of the Osage Nation.
68
According
to the annuity r o l l s , from May 4, 1870, to 1874, Joseph Pawne-no-pashe
signed them as Governor o f the Osage Nation—not as p rin cip al c h ie f. 6®
There-
57The w riter has been informed by two fu ll-b lo o d Osages, the la te
John Uhitehorn, a former o f f i c i a l United S tates Osage interpreter, and Harry
Kohpay, a former A ssistan t Chief, and a t the present w ritin g the o f f ic i a l
Osage interpreter at the Osage Agency, Pawhuska, Oklahoma, th at V/ah-skom-wa
does not mean Major Broke Arm. The w riter has a lso checked, to no a v a il,
Francis La F lesche, A D ictionary o f the Osage Language (Government Printing
O ffice, Washington, 1932). Hereafter cited LaFlesche, Osage Dictionary.
68
For the creation o f the o ffic e of governor see "Chapter H I" ,
footnote No, 53.
69
"Osage Annuity P o lls 1867-1873", MS.« in I0R, NA. Reference to
t h is book i s by d a te. Some individual unbound manuscript semi-annual ■
annuity r o l l s for the dates mentioned may be seen a t the Osage Museum, Pawhuska, Oklahoma.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
131
fore i t seems doubly queer that Governor Joe should have allowed h is
name to be annexed to the Vann-Adair contract of 1875 as principal ch ief
of the Osage Nation when he was in h is own right the Governor of the
Osage Nation—the Rudolph o f a new dynasty, so to speak.
Governor Joe could w rite exceedingly w ell
70
and apparently took
a great deal o f pride in a ffixin g h is signature, which he did in a very
elegant manner, whenever the occasion required. 71
On t h is particular
occasion i t is obvious to the most casual observer that Governor Joe did
not sign the Vann-Adair contract; that h is name was not only forged, but
m isspelled, a t le a s t not sp elled as Governor Joe always spelled i t , and
since. Governor Joe was present at the cou ncil when the contract was reduced
to w ritin g certa in ly there could have been no good reason why he should
have made an exception of the Vann-Adair contract and signed by m rk.
The
other signatures -which were also by m rk cannot be questioned, because i t
could not be determined th at they could w rite.
From the examination of the Osage tr ib a l annuity r o lls the weight of
the evidence bears out the a ssertion s of the Quaker Indian Agent, Isaac T.
Gibson, that the Vann-Adair contract was a fraud and a forgsry.
Such was the
nature of the instrument upon which the Department o f the Interior paid
7®See h is signature facin g p. 135.
71
The w riter, a fte r seeing numerous le t t e r s vnritten by Governor
Joe, was much surprised at the cu ltu ral attainment o f th is trou serless and
s h ir tle s s Osage who took-so much pride in liv in g by the chase. A Jesuit
p r ie st «nri teacher a t the Osage Manual School described Governor Joe as he
knew him. "When a t t h is school he was a bright boy, who learned f a s t , be­
haved n ic e ly , spoke and wrote good en g lish . ” (Paul Mary Ponziglione, S. J . ,
"Western Missions Journal", VII, 30, an unpublished manuscript in a folder
la b e lled , "IX-P77Q, Writings Ponziglione Osages", in the Jesuit archives for
the Province of M issouri, St. Louis U n iversity, S t. Louis, M issouri).
!
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132
$50,000 from the Osage tr ib a l funds which were entrusted to i t s care.
Obviously, a great wrong was done to the Osages.
Apparently, tbe Wash-
ington Indian Office o f f i c i a l s never once turned tbe sharp eye o f
criticism upon tbe Vann-Adair contract o f February 8 , 1873.
There was
w illf u l neglect and incompetence in officialdom at Washington, e ls e tbe
warnings and en tre a tie s of tb e Quakers in tbe Indian f ie ld service would not
have been ignored.
Local f ie ld agents were then, and are now, tbe eyes of
tbe Indian Bureau, and in th is p articular case tbey were tbe only persons
competent to pass upon tbe in tern al evidence that t h is document demanded.
The Vann-Adair contract v/as never approved or recommended by tbe lo c a l
Quaker Indian Agent for tbe Osages or by tbe d iv isio n a l superintendent.
R esp on sib ility for tbe approval and recommendation o f tbe $50,000 payment
to Vann and Adair was assumed by S. ?. Smith, the Commissioner of Indian
A ffa irs.
I f tbe Commissioner o f Indian A ffairs did not have to secure
tbe agent's and superintendent's approval of tbe contract, then there was
no restrain in g power upon b is recommendation except b is conscience.
Such
being tbe case tbe Osages were undoubtedly fortunate that Commissioner
Smith only bad a small conscience—$50,000.
But tbe theory o f wardship and
i t s attendant resp o n sib ility i s not such a fic k le paternal care,
S th ic a lly ,
tbe Osage Indians should be reimbursed by the "Great Father" not merely to
replace misused funds of a h elp less ward, but to maintain and to increase
the honor o f a great and powerful tru stee—the United S tates Government.
T.-tTra the Yann-Adair con tract, tbe in tern al structure of the Sturgess
Treaty w i l l not bear careful inspection.
To the trea ty , fo r tbe o ffic e o f
p rin cip al c h ie f, the name "Joseph Paw-ne-no-pashe or Shite Hair" was affixed
by mark.
To begin w ith, the name Joseph Paw-ne-no-pashe does not mean white
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Courtesy Osage Kuseua
Joseph Paw-ne-no-pashe, gorernor of the Osage nation
from 18.70--1873 ■
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
i
i
.
'
GoTemcr Joe’s signature as taken from the semi-annual annuity
r o ll August 13, 1375, p . IS, Osage ISiseus}, Pavmska, Oklahoma* -V
* ■
,
i
i
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
I jO Q
Ixair.
lieith er was White Hair and Pssr-ne-no-pashe the
individual.
Father Paul Hary Ponzigiione, who was a missionary at the Osage T.^'nnai La­
bor School--for almost forty years, says thatlPaw-ne-no-pashe was reared a t :
the Jesu it mission and that the name which he .sometimes spelled Pawneenunpa-tsce, means: Pawneee-two-he-killed.
72
Father Paul sometimes spelled
Joseph’ s la s t name "Pawnee-no-pah-she-” which is more phonetic than the former
sp e llin g .
75
7-d.
The c la s s ic a l training o f Father Paul’ " ably equipped him to/
make a study of the Osage d ia le c t, in which he was doubtless very p ro fic ie n t.
His lite r a r y a c t iv it y in t h is language certa in ly should rank him as an author­
i t y on the meaning o f Osage words.
He wrote an .Osage-Snglish dictionary, and
translated a prayer book, and a hymn book into the Osage language . 75 Grant
Foreman explains the h isto r ic a l o rig in of th e name' White Hair and gives i t s
Osage equivalent as Pshuska.
76
Dr. Francis La Flesche, a fu ll-b lood -Indian
o f the same r a c ia l stock as the Osages, in h is -work on Indian ethnology
wrote an Osage-Hnglish wordbook in v.;hich he a lso g iv es the Osage word Pa-‘>~
77hiu~cka as meaning "White Hair". '
72Ibid.
-
7S?aul Mary Ponziglionar,- S. J . , "The Osages and Father SchoesSSSfcers,
S. J . ," Book IV, Chap. XXV, p. 353. an unpublished manuscript in the place
cited above,
74
^ .
•
For a biographical note see "ChapterV" footnote Ko. 11.
75
These unpublished manuscripts are now in th e J esu it iirchives for
the Province o f M issouri, S t. Louis U niversity, S t. Louis, Missouri.
76
Indians & Pioneers„ The Story of the American Southwest before
1350 (Yale U niversity P ress, Hew Haven, IS S Q ),p . 22.
77
La Flesche, Osage D ictionary, p. 125. The ca p ita l of the Osage
Nation in Indian Territory was named in honor of Chief White Hair. Today
the accepted sp ellin g of the Osage word for White Hair i s Pawhuska. This
l i t t l e m unicipality i s now the county seat of Osage County, Oklahoma.
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134
i-
In 1858, when the Sturgess Treaty -was signed, Joseph Paw-ne-no-
i
|
pashe could not have been the p rin cip al c h ie f o f th e Osage Nation.
At the
|
Sturgess Treaty cou n cil, Joseph was not appointed by the Commissioner o f
Indian A ffairs to the o ffic e o f p rin cip al ch ief but to a newly created and
h itherto unknown, o ffic e in the Osage Nation—that of governor.
J70
Accord­
ing to Joers own testimony, he was appointed "governor" fo r four years at
the Sturgess Treaty council in May, 1868, and elected to t ie same o ffic e in
1872.79
I t i s preposterous to think th at a white nan w ith enough i n t e l l i ­
gence to find h is way from Washington to the Osage reserve, much le s s be the
Commissioner o f Indian A ffa irs for the United S ta te s, did not know th at the
Osage whom he had ju st appointed "Governor of the Osage Nation" was not the
p rin cip al c h ie f.
Moreover, the superintendent and the agent (Thomas Murphy
and G. C. Snow) were both present at the coun cil and not only signed the
Sturgess Treaty, but certa in ly knew and could have informed H. G. Taylor,
the Commissioner o f Indian A ffa irs, that Joseph Paw-ne-no-pashe and h'hite
Hair were not the same individual.
Instead, the three highest ranking
Indian o f f ic ia ls charged with the adm inistration of Osage a ffa ir s permitted
the Sturgess. Treaty to be consummated and rushed to Washington w ith t h is
glaring s lip of w i l l f u l fraud so v is ib le that even the opponents of the
Sturgess Treaty should have noticed i t .
78Gibson to Hoag, Sept. 30, 1869, in Heosho F ile 18S9, H554,
IOE, HA; Sen. Sx. Doc. No. _6, 44 Cong. 1. s e e s ., (1664), pp. 5-58
79I b id ., p. 27.
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155
U hite H a ir was th s h e r e d ita r y p r i n c i p a l c h ie f o f th e Osage N atio n .
He d id not d ie u n t i l December 24, 1369.
30
T h e re fo re , f o r a p e rio d o f a
y e a r and h a lf th e Osage t r i b e had b o th a governor and a p r in c ip a l c h ie f .
F u r th e r , Governor Joe was not re co g n ised a s head o f th e Osage N atio n by
th e t r i b e d u ring th e l i f e tim e o f b h i t e H a ir.
In f a c t he was n o t re c o g -
n iz ed as th e head of th e n a tio n by th e Osages as a t r i b e u n t i l Hay, 1870.
81
The o f f ic e o f governor was c re a te d and f i l l e d by th e Commissioner
o f In d ia n A f f a ir s .
T h is procedure nay have been ad o p ted , because th e
p r in c ip a l c h ie f , ’w hite H a ir, was opposed to a t r e a t y which would s e l l any
more Osage lau d and even re fu s e d to a tte n d th e c o u n c il a t th e Big H i l l town
on February 21, 1363.
82
C onsequently, i t seems lo g ic a l to suppose t h a t as
th e o f f ic e o f p r i n c i p a l c h ie f was n o t v a ca n t th e Commissioner o f In d ia n
A f f a ir s m erely c re a te d a puppet governor when he ap p o in ted Paw -ne-no-pashe.
But h e re , a s on th e Vann-Adair c o n tr a c t, G overnor Jo e, who could in s c rib e
h i s name in a very g r a c e f u l manner, o n ly made a mark.
For c e r t a i n d e f e a t , th e S tu rg e ss T re a ty was su b m itted to th e Senate
o f th e U nited S ta te s a t a most opportune tim e .
Congress had J u s t fin is h e d
a d is c u s s io n on th e s o u th e rn homestead b i l l i n w hich th e land p o lic y o f th e
80
L. P. Chouteau to Eev. F a th e r Schoenmakers, Dec. 26, 1859, an
u n a tta c h e d l e t t e r in P o n z ig lio n e , l o c . c i t . , p . 350; G ibson to Hoag, Dec. 29,
1869, in Neosho F ile 1870, H745, IOP, EA. Agent Gibson g iv e s th e d a ta o f
U h ite H a irTs d e a th a s December 23, but Chouteau s t a t e s in h is l e t t e r th a t he
b a p tiz e d th e e x p irin g c h ie f and co n seq u en tly th e form er d a ta i s more l i i e l y
to be c o r r e c t.
81
Sea. Nx. Doc. No. 6_, 44 Cong. 1 s e s s . , (1664), p . 58.
^ S e e p . 17.
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156
U nited S ta te s had been a b ly review ed and r e - v i t a l i s e d .
C o n tro l o f th e
p u b lic domain had j u s t been re -d e c la re d to be a p re ro g a tiv e o f th e C ongress,
The t r e a t y - s a l e system of d is p o sin g o f In d ia n r e s e r v a tio n s had j u s t been
denounced by th e House.
I n a word th e stag e had been a lre a d y s e t to sto p
th e s a le o f In d ia n land by th e tr e a ty m ethod.
So when In d ia n t r e a t i e s
which ch allen g ed the Eouse, s th e o ry o f c o n g re s s io n a l c o n tr o l o f th e p u b lic
domain were su b m itte d , th e y were d e s tin e d to d e f e a t, because th e y im m ediately
became a n a tio n a l p o l i t i c a l q u e stio n upon which n a tio n a l p o lic y was w e ll
d e fin e d and fir m ly e n tren ch ed .
The S tu rg e s s T re a ty , l i k e a l l In d ia n t r e a t i e s , was p rim a rily a
p o l i t i c a l t r e a t y and a s such r e f l e c t s the n a tio n a l p o lic y which was in ­
flu e n c ed by v a rio u s p re s su re groups and w e ll o rg a n ised lo b b y is ts .
The p r in c ip a l cau ses f o r th e w ith d raw al o f th e t r e a t y from th e
Senate w ere th e In d ia n t r e a t y - s a l e system v e rs u s c o n g re ssio n a l c o n tr o l o f
th e p u b lic domain; co m p etitio n among th e v a rio u s r a ilr o a d i n t e r e s t s ; th e
c o n g re ssio n a l pledge to Kansas to re s e rv e s e c tio n s s ix te e n and t h i r t y - s i z
f o r sch o o l p u rp o ses; th e s e t t l e r s .
The v a rio u s groups m ight be f u r th e r
d iv id e d in to m o n o p o lists and a n ti-m o n o p o lis ts , o r r a ilr o a d s v e rsu s s e t t l e r s .
While the S tu rg e s s T rea ty never enjoyed th e b le s s in g o f a govern­
m ental s a n c tio n , i t i s an in d isp e n sa b le p a r t o f th e s t o r y o f th e rem oval
o f th e Osages from K ansas.
I t i s th e p re lu d e f o r th e c o n g re ss io n a l a c t
o f J u ly 15, 1370, which accom plished what th e i l l - f a t e d S tu rg e ss T rea ty
f a i l e d to do.
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CHAPTER V
HERUD3ES OK TH3 DBSHISE3D OSAGB RSS3E7B IK E&NSAS
The in tr u d e r q u e s tio n w ith i t s a tte n d a n t d i f f i c u l t i e s had an ex­
te n s io n f a r beyond th e Osage re s e rv e .
were involved from tin® t o tim e .
O ther In d ia n r e s e rv a tio n s in Kansas
But sin ce th e p re s e n t in v e s tig a tio n i s
concerned only w ith th e rem oval o f th e Osages, no e f f o r t has been made to
determ ine what elem ents o f th e in tr u d e r q u e stio n were common to th e sq u at­
t e r s on o th e r In d ia n re s e rv e s t h a t may have had a c a rry -o v e r e f f e c t upon
th e in tr u d e rs on th e Osage re s e r v e .
U ndoubtedly many common elem ents could
be id e n tif ie d , such a s p r o te c tiv e a s s o c ia tio n s and h ire d lo b b y is ts .
How­
e v e r, th e degree o f in flu e n c e t h a t th e in tr u d e r s on one r e s e r v a tio n had
upon th e in tr u d e rs on a n o th e r would be p ro b le m a tic a l, because p o l i t i c a l
and p sy c h o lo g ic a l r e s u l t s can n ev er be a c c u r a te ly m easured.
To a tte m p t to
a n a ly z e , o r co o rd in a te th e common in tr u d e r elem en ts, would involve a c a r e fu l
survey o f a l l s q u a tte r a c t i v i t i e s on a l l In d ia n r e s e r v a tio n s i n Kansas th a t
p receded, o r t h a t were contemporaneous w ith th e s e t t l e r d i f f i c u l t y on the
Osage r e s e r v a tio n .
There was something o f u n ifo rm ity among th e in tru d e rs
on th e v a rio u s r e s e r v a tio n s , such a s i n t e n t , o rg a n iz a tio n , t a c t i c s , and
p ro ced u re.
C e rta in ly , th e n , th e re i s an i n d i r e c t in flu e n c e which should be
added to the a c t i v i t i e s t h a t a c tu a lly tr a n s p ir e d upon th e Osage re s e rv a tio n .
137
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In d ia n lan d c e s s io n s alw ays, and p ro s p e c tiv e c e s s io n s som etim es,
seem to have te e n a g r e a t f a c t o r in th e c o n v e rsio n o f h arm less and hom eless
w h ite im m igrants in to what many—th o s e who were opposed to th e s e t t l e r s —termed
hungry land th ie v e s .
The p ro c e ss o f ced in g la n d , so f a r a s th e Osages were
concerned, was a v ic io u s c i r c l e .
The Osages ceded land and r e t r e a t e d because
o f th e advance o f th e w h ite man, and th e w h ite man advanced because th e Osages
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ceded lan d and r e t r e a t e d .
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But i t was in e v ita b le t h a t the p ro c e ss o f Osage
lan d c e ssio n s should end some day.
The clim ax to th e O sa g e -in tru d e r s i t u a t i o n
j
i n Sans a s rcas f i n a l l y reached in 1370 vrfien the dim in ish ed Osage re s e r v e , which
i
had been e s ta b lis h e d by th e t r e a t y o f 1865, was s o ld .
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The rem oval o f th e Osages was p ro v id ed f o r i n A r tic le 16 o f th e
t r e a t y o f 1865.
T his e v e n tu a lity was h a ste n e d by w h ite im m igration j u s t
a f t e r th e C iv il War to th e Osage-ceded and t r u s t la n d s .
The ceded and t r u s t
la n d s w ere d e sig n a te d i n A r tic le s 1 and 2 o f th e t r e a t y of 1855.^
The flo o d
of im m igration to th e s e lan d s was la r g e ly an e x -n o rth e rn s o ld ie r movement.
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A v e ry com petent eye w itn e s s , W illiam A lle n W hite, has a b ly d e sc rib e d th e
p o st-w a r s e ttle m e n t o f K ansas.
The c e le b ra te d a u th o r, sta te sm a n , and pub­
l i c i s t d e s c rib e s a home scene o f h i s y o u th w hich was (th e n ) o n ly a "wide
p la c e i n th e d u sty road where th e carav an o f young s o ld ie r s was p a ssin g a l l
day long and most o f th e n ig h t—young s o l d i e r s from th e C iv il War w ith t h e i r
young w ives and new b a b ie s push in g o u t o f Ohio, In d ia n a , I l l i n o i s , M ichigan,
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W isconsin, and th e L a s te rn seaboard s t a t e s , lo o k in g f o r th e new f r e e lan d t h a t
'!
"^Charles J . S a p p ie r (Comp.) , In d ia n A f f a i r s , Laws and T r e a tie s ,
8 e d ., (Government P r in tin g O ffic e , W ashington, 1904), I I , 8 7 8 f. n e r e a f t e r
c ite d K appler, In d ia n A ffa irs. For th e lo c a t i o n o f th e ceded and t r u s t
la n d s see map o p p o site p . 1.
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Uncle 3am was giving to h is defenders in the War between the S tates."
2
Congressman Sidney C larke confirm s W hite*s statem en t on e x - s o ld ie r
im m igration by saying th e re w ere o n ly a few s e t t l e r s upon th e Osage le n d
when th e t r e a t y o f 1865 was co n clu d ed .
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But C larke adds th a t "As soon as
i t was p u b lish ed thousands o f o u r r e tu r n in g s o ld ie r s and o th e rs s e t t l e d
h e re . . . .and everywhere on th e s e b e a u t i f u l p r a i r i e s , homes, sc h o o l
houses and churches sprang up w ith m arvelous r a p i d i t y . "
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I t was in e v ita b le t h a t t h i s flo c k in g o f th e w hite people in to Kan­
sa s should u ltim a te ly re a ch th e dim in ish ed Osage re s e rv e .
As e a r l y a s 18S7,
th e Neosho Agent, George C. Snow, re p o rte d t h a t th e w h ite people were
crowding in upon th e dim inished Osage r e s e r v e .
The ag en t s ta te d th a t he
had n o tif ie d the w h ite s e t t l e r s to le a v e , b u t a s f a s t a s one l e f t f iv e took
h is p lace.
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The s p rin g ru s h o f s e t t l e r s became so g r e a t in 18S7 th a t th e Neosho Agent re q u e ste d m ilit a r y a s s is ta n c e t o remove th e s e t t l e r s from th e
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v ery common and t h a t h is own l i f e had been th re a te n e d .
dim inished re s e rv e .
Be re p o rte d th a t h o rse s te a lin g from th e Osages was
The ag en t a v erred
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t h a t w hile the Osages were away on t h e i r h u n t, t h e i r camping grounds along
th e V e rd ig ris R iver were occupied by th e s e t t l e r s , and t h i s c o n d itio n
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could n o t be c o rre c te d w ith o u t f o r c e .5
The ag en t g ra p h ic a lly w rote on th e
s itu a tio n :
2" It* s Been A G reat Show", C o l l i e r s , (F eb r. 12, 1938), p . 63.
^
3
The Sun, S e p t. 30, 1876.
^Snow to T a y lo r, Siay 2 7 , 1867, i n MCF> RFOA, Pawhuska, Oklahoma.
F o r the meaning o f symbols see L i s t o f Symbols.
5
H. Ex. Doc. No. 1 , 42 Cong. 2 s e s s , , P t . ? , I (1505), 900.
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140
I t has n o t been two y e a rs y e t sin c e th e se In d ia n s
re lin q u is h e d n e ar [ l y ] two m illio n a c r e s o f t h e i r la n d s
to th e w hite s e t t l e . S t i l l th e y a re n o t s a d is f ie d . Immi­
g ra tio n r o l l s on, lik e th e to rn ad o w hich m eets n o th in g to
check i t on i t s way. They hare o v e rru n a l l th e t r u s t la n d s ,
and a re now s e t t l i n g on th e d im in ish ed r e s e r v a tio n . I v iz i te d
f o r t y o r f i f t y o f th e se in tr u d e r s about two weeks ag o . I
n o tif ie d them to le a v e . They w ere n o t th e l e a s t s u rp ris e d
and a l l agreed t h a t th e y would g o , when I g o t s u f f i c i e n t fo r c e
to d riv e them o f f . They a l l seam t o be w e ll d isp o sed men.
They say th a t law s alw ays have been made to p r o te c t th e
s q u a tte r and th e y th in k th e y w i l l n o t be l e f t o u t i n th e co ld
when th e Governor o f th e s t a t e i s determ in ed to p r o te c t them
a t a l l h asered s
On th e same day (Septem ber 5) t h a t th e above an n u al r e p o r t was
ren d ered Agent Snow f u r t h e r inform ed th e A cting Commissioner o f In d ia n Af­
f a i r s th a t " th e re p o rts about th e JOsage b e in g on th e war path* i s a l l a
lie .
Crawford [war g o v ern o r o f Kansas J i s tr y in g to provoke them to
h o s tilitie s .
Be h a s o rg an ized fo u r com panies o f H a l i t i a on th e b o rd e r.
The In d ia n s are t lire a te ned.
~
v e ry much f r i t i n e d .
They a re p e r f e c ta b le peacable b u t becoming
7
The w h ite in tr u d e r s had caused so much d is tu rb a n c e by th e -early
p a r t o f 1868 th a t th e S e c re ta ry o f th e I n t e r i o r issu e d an o rd e r in which he
d e c la re d :
A ll such p a rso n s a re n o ti f ie d t h a t u n t i l such t r e a t i e s
by p ro clam atio n , become LAIS and th e In d ia n s s h a ll have been
removed from t h e i r r e s p e c tive r e s e r v a tio n s o r la n d s belo n g in g
to th e r e s p e c tiv e t r i b e s w hich a re undisposed o f , any s e t t l e ­
ments made by them th e re o n w i l l be h e ld to b e . i l l e g a l , : and
i t w i l l be th e d u ty o f t h i s o f f ic e to p r o te c t th e r i g h t s o f
^Annual R eport o f George C. Snow, U n ited S ta te s Neosho In d ia n
A gent, September 5, 1867, MS., i n "R eport F i l e " , SFQA, Pawhuska, Oklahoma.
An e d ite d form o f t h i s r e p o r t may be found i n ARCIA.. 1867, p . 5 2 5 .
"'Snow t o M ir, S e p t. 5 , 1867, MCF, EFGA.
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141
til© Indians, and i t w i l l i f necessary c a l l on the M ilitary
commander of tbe D is tr ic t fo r aid to exp el by force a l l
white s e tt le r s from said reservation . 8
Y/hile the Indian o f f i c i a l s seemed determined to protect tbe reserva­
tio n from white in tru sion s, the governor of Kansas was in favor o f s e ttlin g
the sta te by immigration a t a fa ste r ra te.
le g isla tu r e Governor Crawford declared:
In h is message of 1858 to the
"Kansas cannot afford to remain
id le while other States are using every honorable means in th e ir power to
encourage immigrants to s e t t le w ith in th e ir borders.
The immigration for
1857 was f i f t y thousand, and i t should have been one hundred thousand.
In Slay, 1858, the agent reported c o n f lic t .
over
ahundred horses from the Osages.
The whites had stolen
The n o tices to the intruders, which
the agent put out in 1867, must have gone unheeded because the agent sta tes
that in September, 1858, the s e t t le r s were disturbing the Osages very much
by talcing claims and building houses upon the diminished reserve.
He de­
clared that he -was unable to cope w ith the situ a tio n and again requested
m ilita ry aid to avoid blood-shed.
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8Browning to Taylor, March 4, 1858, in CSF 1858, 1718, IGR, NA.
The Missouri Republican ran the n otice to intruders. (CSF 1868, K117,I0R, M ).
Q
Samuel J. Crawford, Kansas in the S ix tie s (A. C. McClurg & Co.,
Chicago, 1911), p . 413. Governor Crawford did more than ju st ta lk . Hie
had already appointed George A* Crawford, commissioner o f immigration, in
1857. This new o f f i c i a l got out le t t e r s , organized county s o c ie tie s , and
had th e newspapers to keep a standing column describing th e ir town and county.
Documents were sent to every p o s to ffic e , newspaper, and county clerk in the
United S ta tes. These fig u res may so r e what explain the e f fe c t of such exten­
sive a c t iv it y . In 1865 the population of Kansas was 155,807. Five'years
la te r i t was 364,339. ("George A. Crawford", Kansas H isto rica l C ollection s.
71 (1897-1900), 245).
10H. Be. Doc. . No. 1, 42 Cong. 2 s e s s ., P t. 7 , t (1505), 900.
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142
Intrusion upon the diminished Osage reserve has been admirably
described by Father Paul Mary P onziglione,
11
a teacher and p riest at the
Osage Manual Labor School, which ?ras on the Osage ceded land.
Father
Paul r e la te s that the s e t t le r s rushed upon the ceded land to such an ex­
ten t that i t was soon absorbed, and the excess squatters began to s e t t le
upon the diminished reserve.
This very much displeased the Osages, who
began such systematic annoyances as levying taxes, stea lin g horses, and
k illin g the stock of the intruders.
These Osage ta c tic s at f ir s t in­
tim idated the s e t t le r s , but when the number of squatters increased, they
formed a vigilan ce committee fo r se lf-p r o te c tio n and ceased to pay any
more ta x es.
This reaction on th e part of the intruders developed much
quarreling, and the character o f the controversy became so serious that
^Dhis J esu it p r ie st was born in Piedmont, I ta ly in 1813. Be was
of noble b irth , and when he was baptized he was given th e name of Count
Paul K, Ferrero Ponziglione d i Borgo ae ’A les. He attended the Royal Col­
lege o f Hovera and la te r the College of Nobles at Turin. Both of these in s t i­
tu tio n s were conducted by the J e s u its . Father Paul received the Bachelor of
Arts Degree from the U n iversity o f Turin, where he remained to continue h is
study fo r the degree o f Doctor o f Jurisprudence. February 27, 1839, he en­
tered the Jesu it n o v itia te at C hieri, near Turin. He was ordained March 25,
1848, in Rome by the Cardinal Vicar o f Pope Pius IX. In May he received
the Pope’ s b lessin g and l e f t for the United S ta tes, arriving at the Jesu it
colony at S t. Louis U niversity in the same year. He began h is work at the
Osage Dannal Labor School in 1851 and did not leave u n til 1889. He died in
1900. (W. W. Graves, L ife and L etters of Fathers Ponziglione, Schoenmakers
and Other Parly J esu its at Osage Mission—Sketch o f S t. Francis Church; Life
o f Mother Bridget (Published by
W. Graves, S t. Paul, Kansas, 1915), pp.
2-68)’. For a fin e , d eta ile d d escription of Father Paul’ s missionary a c tiv ­
i t y while stationed at the Osage Manual Labor School see S iste r Mary Paul
F itzg e ra ld , "A J esu it C ircuit R id er.” Mid America, VII (July, 1936), 182-199.
Biographical fa cts may be found in a le t t e r , Paul Mary Ponziglione to Charles
Bwing, May 10, 1876, MS. r in [Correspondence L etter F ile 1875-1884J , Bureau
Catholic Indian M issions, Washington, D. C.
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143
la te r the government had to
i n t e r f e r e . - ^
In February* 1S68, while the Indian Office o f f i c i a l s were trying
to induce the Osages to send a delegation to Washington to s e l l th e ir diminished re serve, 15 Agent G. C. Snow became somewhat excited about the squat­
te r s and n o tified h is superintendent that hundreds o f persons were g ettin g
ready to moire on the Osage reserve and take claims as soon as the Osage
delegates l e f t fo r 'Washington.
The agent accounted for th is situ a tio n by
saying that a S t. Louis newspaper had already published a story that a d el­
egation of Osages had been, ordered to Washington.
The agent was apparently
quite impressed with the s itu a tio n , because he wrote the superintendent,
"Something must be done to stop t h is movement",
and added that i f th e d ele­
gates should make a treaty " th eir women and children w i l l be driven from
th e ir camps before they return from. Washington."
Snow a lso deemed the in­
truder threat serious enough to request that an o ffic e r and ten mounted men
from Fort Leavenworth be ordered "to report as soon as p o ssib le" to the
United S tates Marshal a t Humboldt, Xansas.
14
A short time a fter the Sturgess Treat;’- had been signed (Hay 27, 1868),
the superintendent reported to the Commissioner o f Indian ^-iffairs that the
vrhite people had flocked in on the diminished reserve, and that fr ic tio n had
12?aul Mary Ponziglione, S. J. "The Osages and Father John Shhoenmakers, S. J ." , Book IF, Chap. ECCE7, p. 340. in unpublished manuscript
in a folder marked "K-P77H Viritings Ponziglione Osages", in the J esu it
Archives for the Province of M issouri, S t. Louis U niversity, S t. Louis,
Missouri.
13
See "Chapter i" .
~'Snow to Murphy Feb. 16, 1868, in £.- Lx; Doc. Ho. 510, 40 Cong.
2 s e s s ., XIX (1345), 8 .
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144
developed as a natural consequence.
He reported that m ilita ry aid had
been requested, and troops had been sent
15
to remove the s e t t le r s , but
that the la tte r had invoiced the a ssistan ce of the governor of Zansas, and
through the governor’ s influence the intruder-removal ordor had been re­
voked.
Superintendent Thomas Murphy expressed him self on such procedure by
saying that he thought the revocation of the intruder-removal order by the
16
government was a bad precedent for every Indian reserve in Kansas.
By 1869, according to a resident of Geneva, Allen County, the intrud­
ers had developed a b ellig eren t a ttitu d e .
Osage reserve, the informant vrrote:
R elative to the s e t t le r s on the
"I have talked with tiioss s e t t le r s there
and I fin d they are a l l in earnest—some o f them te r r ib ly in earnest about
th is business.
They say they w i l l fig h t before they w il l be driven from
th e ir improvements. . . .
17
The r ig id determination of the intruders on the Osage reserve ex­
tended beyond i t s geographical lim its .
A mass meeting of s e tt le r s was
held at Girard, Crawford County, on June 4 , 1869.
The s e t t le r ’ s delegate
to Washington, W. R. Laughlin, was introduced and spoke.
He encouraged
the s e tt le r s by t e llin g them they had friends and sympathisers both in and
out of Congress and advised them to stand united and a l l would be w e ll.
The s e t t le r ’ s delegate from the Osage reserve a lso addressed the
Girard mass meeting of s e t t le r s .
According to a newspaper report, the
Osage delegate delivered a s tir r in g speech in which he denounced "land
•^General Sheridan sent h is brother, Colonel Sheridan.
"^Murphy to Taylor June 23, 1868, in H..Ex. Doc. Ho. 321, 40
Cong. 2 s e s s ., XX (1345), 3 f .
17VJilbur Fisk to Sidney Clarke, Feb. 8 , 1869, in Sidney Clarke
Papers, a private c o lle c tio n owned by Sidney Clarke, Junior, 729 Broadway,
Shawnee, Oklahoma, Hereafter c ite d Clarke Papers.
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145
gobbles" and called upon tbe s e ttle r s to put down the "iron heel" of
sen atorial tyranny which had been placed upon a h e lp le ss people.
X8
Seemingly, the s e tt le r s expected to remain permanently upon the
Osage diminished reserve, because i t was reported that "a great number of
the s e t t le r s ” were building th eir houses.
Paradoxical as it may seem, the
s e tt le r s appear to have been encouraged in esta b lish in g themselves upon the
Osage land by the Osages themselves.
When the Osages returned from th eir
summer hunt in 1869, i t was reported that they were " en tirely s a tis fie d with
the s e t t le r s on th e ir LeandsjsieJ and hopeful
that
the Treaty" would "be
r a tifie d or another made and r a t if ie d .................."19
while the Sturgess Treaty was reposing in Washington, the impatient
s e t t le r s proceeded to e sta b lish themselves upon the Osage diminished reserve.
However, according to a h isto ry of Kansas which describes the settlem ent of
Montgomery County, i t was not u n til 1869 that the r e s t le s s march of immigration f ir s t crossed the Verdigris River to occupy the "promised land.
20
According to A rticle I of the treaty of 1865, the western boundary
of the "ceded lands" could not p ossibly have extended beyond a lin e,, running
north and south, located one mile east o f where the Verdigris Eivsr crossed
the southern boundary of Kansas.
21
At the north sid e of Montgomery County,
the Verdigris i s several m iles west of the western boundary lin e of the
ceded lands . 22 Therefore, s e tt le r s that advanced clo se r than one mile to
Papers.
18
The Oswego R egister. July 2, 1869.
n9"
" J. A. Coffey to Sidney Clarke, Aug. 17, 1869, in Sidney Clarke
y
H istory of the State o f Kansas (A. T. ^uadreas, Chicago, 188S),
p. 1564.
nappler, Indian A ffa ir s, I I , 878.
go
3se any map of Montgomery County.
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146
the Verdigris were intruders.
was cast aside by the intruders.
But the "supreme law" o f the land (tr e a tie s)
Agent Snow reported in 1869:
"Since my
la s t annual report, store than fir e hundred fa m ilies havs se ttle d on the
eastern part of the Osage diminished reservation - b u ilt th eir cabbsns near
the Indian-canps - taken possession of th e ir corn field s and forbidden them
from cu ttin g fire-wood on ’ th e ir claims’ . "25
The extent of th is white intrusion, by the la tt e r part of 1863, i s
further described by a s e t t le r who lived in the southeastern part o f Liontgomery County about one mile from the Labette County lin e .
"There i s claims
now taken over the larger part of th is county and s e tt le r s are coming in
every day."
The informant a lso declared, "Three town s it e s have been taken
o
-*■
near us and the towns are now in process of b u ild in g." 1"
A present day m etropolis which was in i t s embryonic state during
the winter o f 1859 was started by about forty intruder fa m ilie s .
houses which were b u ilt and liv e d in were made of hay.
th is place Pashe-to-wah or Eay-Town.
The f ir s t
The Osages called
The place i s today known as Independ­
e n c e .^
This extensive intrusion in 1869 must have exasperated the Osages
because Father Ponziglione says that they decided to cause the whits people
a l l the trouble th ey could.
laost every day, he says, a band of Osages could
^Annual P.eport o f George C. Snow, United S tates Neosho Indian
Agent, 1859, SB., in "Report F ile " , EFOA. This m aterial has been erron­
eously published as Snow’ s Annual Report for 1868 in H. Ex. Doc. No. JL,
42 Cong. 2 s e s s ., P t. V, I (1505), 900.
24
Fannie Whitney o f W estralia to John F. Benjamin, Dec. 9, 1859,
in Clarke Papers. W estralia i s now a ghost town.
25
TTistory o f the S tate o f Kansas, lo c . c i t . , p. 1564.
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147
be seen p arad in g around o rd e rin g th e s e t t l e r s o u t.
Those who had s u b s ta n tia l
improvements and co uld not leave were com pelled to pay a b ig p ric e to be
p e rm itte d to rem ain u n t i l th e y had g ath ered t h e i r . c r o p s .
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A few q u a tte r s t i r e d o f the annoyance and gave up t h e i r claim s, b u t th o se
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t h a t remained organized them selves in to v o lu n te e r companies f o r p ro te c tio n .
Theyeven formed s n a il p a tr o l squads to vratch t h e i r s e ttle m e n t by day and by
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n ig h t.
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These home g u ard s, a c c o rd in ; to P o n z ig lio n e , were to aro u se th e com-
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inunity i f any Osages were seen .
The s i t u a t i o n developed in to a r a c i a l c o n te s t w ith th e r e s u l t
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th a t Osage sc o u ts a p p lie d th e to rc h to w heat f i e l d s j u s t ready to h a rv e s t,
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the Osages.
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This p r o te c tiv e measure was a "red f la g " to
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ransacked c a b in s, s la u g h te re d hogs and c a t t l e , s t o l e h o rs e s, and even in -
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C onditions such a s th ese soon convinced th e new ifeosho Agent, i?ho
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had taken o ffic e on October I , 1869, th a t the Osages and w h ite people would
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t o be sep arated i f peace were t o be p re s e rv e d ." 1
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The long delay in fa v o ra b le Senate a c tio n upon the S tu rg ess T reaty may j
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dim inished re s e rv e .
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S enator H arlan thought th e w h ite s went in to th e Osage
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g ess T reaty was n e g o tia te d , th e la n d would be throw n open to w h ite s e t t l e meirt.
At any r a t e th i s re a so n , not s e n a to r ia l in a c tio n , was g iv en by th e
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s e n a to r in e x p la n a tio n of th e oresenee o f about tw enty thousand in tr u d e rs upon
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E. Ex. Doc. 23o. JL, 42 Cong. 2 s e s s . , P t . 7 , I (1505), 90&.
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the Osage reserve#
In th is view Senator Pomeroy concurred#
28
Whatever
the true reason, by 5-870 the Intruders were exten sively located upon the
unopened Osage diminished reserve#
Kansas congressman
C/*Q
The C offeyville post--master wrote to the
in January, 1370, that the greater portion of the Osage
land east of the -Arkansas River had been s e ttle d .
This exten sive Intrusion seems to have taken p lace, fo r the most
p art, while the Osages were sway on th eir regular semi-annual hunt of 1859-70,
This net? encroachment o f so many whites upon the reserve precipitated auaarous d i f f i c u l t i e s .
They were reported 'ey Agent Gibson to . ash lag-ten in a
s e r ie s o f three le t t e r s , dated January 3, 10, and 15.
These le tte r s aro
very important h is to r ic a lly because they had a d e fin ite influence upon a l l
future Osage h isto ry ,
.-tecoxdias to the le t t e r of the eigh th , the pioneer
white s e tt le r considered the Sturgess Treaty had opened the diminished
reso rts to white settlem ent,
as a consequence, Agent Gibson explained,
several thousand s e ttle r s were upon the reserve when he replaced .-.sent
Snow.
31
Gibson explained the aa.un.er in which the white intrusion cams a-
bout,
lEisediately a fte r the f a l l payment of 1359, the Osages—man, woman
and children—departed for the p la in s to hunt buffalo*
/ihile the Osages
were thus engaged, isndgrunts se ttle d upon the diminished reservation, and
Globe, 41 Cong, 3 s s s s , , P t, I I , PP# 1856, ~a73,
29
Kansas up to th is time had only one congressman. This ;vas in
accord w ith the act admitting Kansas into the Union, (12 St a t .
127).
^ j.
a.
Coffey to Sidney Clarke, January 17, 1870, in Clarke Papers,
31
Isaac T* Gibson assumed charge o f the Ifeosho agency October 1 , 1359.
1871, p . 485), His commission, from President Grant was dated Decem­
ber 21, 183S, [Book of Appointments Confirmed, 1855-1379J , p. 125, M3., in
I OR, HA. The t i t l e here given was supplied because the o rig in a l was marred
beyond recognition.
(A R C I A ,
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149
:
when the Osages returned ea rly in January (1870), they found some of th eir
cabins and corn lands occupied and claimed.
These s e t t le r s were c u tting
timber, carrying o ff r a i l s that belonged to the Osages, burning th eir
T illa g e s , and ste a lin g corn.
Gibson stated that the damage and depreda­
tio n s committed by the s e t t le r s were so numerous that he could not answer
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out along the Verdigris v a lley fo r a distance o f forty m iles.
The Osages
complained, very ju s tly , th e ir agent said , that they were being robbed and
th e ir homes taken from them.
counter claim .
To th ese com plaints, the s e ttle r s set up a
They told the agent that the Osages were stea lin g th eir
horses, hogs, and c a t t le , and that i f he did not punish the offenders, they
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would take the matter into t h e ir asm hands.
In t h is dilemma, the agent
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reported that he was using th is influence w ith both p a rties to kBep the
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peace u n til he could receive some advice from the government.
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son hud already drawn h is conclusion r e la tiv e to the land claim s.
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matter he had w ritten:
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the s e t t le r s fo r under no circumstance do I b e lie v e they have any righ t to
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take issue w ith an Osage on th at p oin t."
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report was not made to create a sensation but to show the "true situation",
However, GibOn th is
"Jay d ecision s on land claims are not sa tisfa cto ry to
I t was explained that the d etailed
as he -wanted a l l the fa c ts connected w ith the intruder situ a tio n reviewed
by the department,• so that e ith e r the s e t t le r s or the Osages could be re­
moved without delay.
On January 10, the agent wrote again, saying that a l l o f h is time
was spent in tryin g to adjust settler-O sage d i f f i c u l t i e s , but that there
were so many intruders he could not see them a l l p erson ally.
The intrim er
c o n flic t must have been growing warmer f a s t , for th e agent wrote in t h is
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150
second r e p o r t t n a t some o r th e s e t t l e r s were th re a te n in g , to sh o o t; o th e rs
to hang offending In d ia n s ,
In an o th er communication, January 13, Gibson s ta te d th e f a c t th a t
Chetopa and Hard Hope had o rd ered a l l w hite s e t t l e r s to leav e th e dim inished
r e s e r v a tio n had c re a te d ranch a larm .
Because o f t h i s o rd er from th e Osages,
war between th e n and th e w h ite s on the r e s e r v a tio n was mere imminent "than
w ith th e Kio'was & Arapahoes, . . . ."
Gibson a ls o em phasised h i s b e li e f
t h a t th e reiaoval of th e 'white in tr u d e r s was very im p o rtan t
On th e b a s is of th e s e l e t t e r s , which t r u t h f u l l y d e sc rib e d w hite
encroachm ent upon th e dim inished re s e rv e and the a tte n d a n t p o s s ib le danger
of an o u tb re a k , th e Commissioner o f In d ia n A ffa irs recommended to th e Sec­
r e t a r y o f th e I n t e r i o r January 27 th a t th e S e c re ta ry o f -Jar be re q u e ste d to
send s u f f i c i e n t tro o p s to the Osage re s e rv e "to p re se rv e the peace u n t i l
d is p o s itio n i s made o f th e s u b je c ts in c o n tro v e rs y .
‘Foe S e c re ta ry o f th e I n t e r i o r approved o f P a r k e r ’ s recoismea&ation
and on the same day re q u e ste d th e P a r Department to comply w ith i t .
On
F eb ru ary 23, the s e c r e ta r y o f b a r r e p lie d th a t a company o f in f a n tr y com­
manded by a d is c r e e t o f f i c e r had been s a n t to the Osage r e s e r v a tio n w ith
in s tr u c tio n s to encamp n e ar th e agency and to co o p erate w ith th e agent in
%*
p re s e rv in g p e a c e ,'’"
rxo
__
“"'’Gibson to Hoag, Ju n . 3 , 10, 1 3 , 1870, in Neosho F ile 1870, E75S,
I0K, NA. The same f a c ts a re in a l e t t e r , "C” Gibson to Hoag, Ja n . 1, 1870,
i n Gibson P a p e rs.
35
P a rk e r to Cox, Jan , 27, 1870, 233., R eport Book ho. 19 (Aug. 24,
1869— S e p t. 9 , 1870), pp. 1 4 5 f, I0R, ilk.
34
Belknap to S e c re ta ry o f I n t e r i o r , Feb, 2 5 , 1870, in In d ia n D iv i­
sio n ( F ile 2 a ), (S e c re ta ry o f I n t e r i o r ) , L e tte r s Rec’d war D e p t., S e p t. 14,
1867 to J u ly 24, 1871, 10E, HA.
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151
Apparently the War Department acted f i r s t and t ie n o tified the
Interior Department that troops had been ordered to the diminished
Osage reserve.
By Special Order No. IS from Headquarters Post of South­
eastern Kansas, dated February 15, Captain J. J . Upham,55 o f tte Sixth
Infantry, had been commanded to proceed without delay to the Osage re­
serve w ith Company ”1” .
Captain Upham’s
The S p ecial Order sta te s that the purpose of
tr ip to the Osage reserve was to preserve peace between
the whites and the Osages. The captain was instructed to sta tio n h is com­
mand at or near the agency and to counsel with th e agent concerning the
b est measures to be taken. Be was also instructed to report weekly to
Headquarters on h is operations.3?
In conformity to Special Order Ho. 15, Captain Upham. was relieved
Of h is camp command near Girard, Kansas, and w ith Company "I" l e f t for the
diminished Osage reserve on February 13.
He arrived on the twentieth at
Montgomery Post O ffice on Drum Creek. Snroute he passed through Osage
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33John Jacques Upham graduated 20th in h is class from the United
States M ilitary Academy in 1354. He was brevetted second lieutenant in
1859 and was made a captain 1351. Hie was brevetted a major in July, 1855,
fo r gallantry and meritorious service at Gettysburg. He retired from the
army in 1892 and died, 1893. (Francis H, Heitman, H isto rica l Register
and Directory of the United States Army 1789-1905 (Government Printing
O ffice, Washington, 1905), I I , 978. This com pilation has been published
also as H. Doc. Mo. 446, 57 Cong. 2 s e s s ., (4535), ) .
3SMany references to th is o ffic e r used the t i t l e of major which was
honorary and outranked his regular commission in the lin e . The frequent
use of both t i t l e s led to confusion u n til the m ilita ry id e n tity of the
o ffic e r was established by checking Heitman, Therefore, th is former m ili­
tary custom should be kept in mind when doing research that involves army
o ffic e r s who were brevetted.
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C", B. Special Order No. 15 by Maj. J. P. Roy, Headquarters Post
1 of Southeastern Kansas, Ft, S co tt, Kansas, Feb. 25, 1870, in Ifoosho F ile
j 1870, AII78, IOR, HA.
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152
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Mission and Fort Eoache, having marched f i f t y - s i x m iles in two days.
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Company "I” was stationed fiv e hundred yards from the "Osage Agency” and
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a courier lin e was immediately estab lish ed to Humboldt, the nearest r a ilroad post o f f ic e , fo r ty -fiv e m iles from th e
a g e n c y , 33
Agent Gibson did not know th a t troops were approaching h is agency,
because ju st the day before they arrived, he framed a long and desperate
appeal for immediate r e l i e f .
The Osage-intruder situ a tio n must have seemed
desperate to him, fo r he wrote in h is le t t e r of the nineteenth that he
{
had abandoned a l l hope o f e ffe c tiv e moral suasion as a means o f protection
fo r the Osages.
He stated that he had been su ccessfu l in but one instance,
in the scores of cases that had been brought to h is a tten tio n , in securing
f a ir treatment fo r the Osages.
I t i s also indicated by the report that the
agent, as w e ll as the Osages, m s defied by the mob s p ir it .
The agent
thought, that many of the s e t t le r s were seeking to provoke some form of re­
sistance from the Osages, so that they might have some ju s tific a tio n for
—- carrying, out th eir boast that they could exterminate the whole t r ib e .
The
agent reported that the squatters had club laws fo r self-p ro tectio n } that
w hile the Osages were away on th e hunt the squatters had occupied the Osage
claim s, cabins, and improvements; th at when n otices to vacate were served
on th e s e tt le r s , they treated th e n otices w ith contempt; that no compensa­
tio n had been made to the Osages for house lo g s, fence r a i l s , timber, or
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corn which had been taken by the intruders; and that one en tire Osage v illa g e
-----------------------------------------------------------------------------------------------------------------38ybnthly Post Return, Post Southeastern Kansas, February 1870, MS.,
in RS, OD, AGO; Capt. Poland to Gen. Pope, Aug. 24, 1870, in Dept, of Mo.
F ile 1870, P124, WDR, HA. The monthly Post Returns have been moved from
the War Department Building to the Munitions Building on Constitution Ave­
nue. (Dr. B erlin B. Chapman t o David'Parsons, July 1, 1939, f i l e lab elled
"ParsojbOsage Letters", in Osage Museum, Pawhuska, Oklahoma).
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153
la r g e enough t o house nine hundred, had been p r a c t i c a l l y d e stro y e d by
th e s q u a tte r s w hile tb e Osages were away.
Up to th e tin e of t h i s r e p o r t th e a g e n t s ta te d t h a t he had been
a b le t o persuade th e Osages to w a it f o r r e l i e f and not to r e t a l i a t e , b u t he
f e l t th a t h is p o se r o v er th e n was ab o u t o v erb alan ced .
He c lo se d h i s l e t t e r
by say in g th a t he thought th e departm ent should make some p ro v is io n f o r th e
p r o te c tio n of th e Osages o r remove them to a new home.
39
Such were th e
O sa g e -in tru d e r s i t u a t i o n and th e a g e n t’ s frame o f mind when tro o p s a rriv e d
a t th e agency on February 20, 1870.
Four days a f t e r tro o p s had a r r iv e d a t th e Neosho Agency, the s t a t e
re p r e s e n ta tiv e from Montgomery County40 w rote to th e congressman from Kansas
and re q u e ste d him to use h is in flu e n c e to have th e U nited S ta te s tro o p s r e ­
moved from th e 0sag3 r e s e r v e .
H is reaso n s ap p ear in t h i s s ta te m e n t, " I am.
a f a r i d th ey w i l l be used to h a r r a s th e S e t t e l e r s [ s ic ^ th e re i s no danger
from th e In d ia n s and I am Shure th e re i s none from i (s ic } th e S e tt e l e r s
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the troops before he l e f t Montgomery on February 20 f o r Lawrence, Kansas.
Presumably, Captain Upham and Company ”1” arrived at the agency a fter he
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This county, which was carved out o f the Osage ceded land and diminished reserve, was named in honor of General Richard Montgomery and was organized by a proclamation from Governor James M. Harvey June 5 , 1869. (History
of the State o f Kansas, op. c i t . , pp. 1564f). The nmnner of i t s i l l e g a l organization has been in te r e stin g ly described. "Montgomery County was organized by the Governor appointing o ffic e r s , th is matter was gotten up by a few
ind ividu als, without the knowledge and consent of of [sicjthe c itiz e n s —a fa ctio n of the appointees are C itizen s of Leabet JLabetteJ County. The Indian
t i t l e has not been extinguished on any, part of the County
” (J. A. Coffey,
C o ffe y v ille , to Sidney Clarke Aug. 17, 1869, Clarke Papers}.
41T. 3 . Mams to Clarke, Feb. 24, 1870, in Clarke Papers.
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154
had departed.
He was gone eigh t days, but on h is return he ca lled upon
Upham, who .was encamped across Drum Creek from the agency.
Upham, ac­
cording to Gibson’s d isry, was disappointed at not seein g more trouble er>f»
suggested to Gibson th at hs send out more removal n o tices to the intruders.
Accordingly the nert day, Gibson wrote fou r f i n a l n otices to s e tt le r s l i v ing on contested claim s.
and Dr. Campbell.
The n o tices went t o John Osborn, Haze,
42
Simmons,
They were allowed ten days in which to vacate and were
warned that at the end o f thav period t hey would be subject to removal by
m ilita ry fo rce.
On the seventeenth of March, the agent’ s diary records a queer b it
o f Quaker determination:
"I must use the troops to remove those S e ttle r s
tomorrow--Go forward or resign— ".
The nert day in a note to Captain Up­
ham, Gibson requested ten men from Lieutenant George T. Cook’ s ten t to
a s s is t in ejecting the squatters, "their f a m ilie s ,. tenants & e ffe c ts from
the houses, improvements and claims o f certa in Osage Indians, the same be­
ing on the Osage Diminished Reserve. . « .
The request was granted. .
'with Lieutenant Cook and nine s o ld ie r s , Gibson proceeded to exp el those
upon whoa f in a l notice had been served.
Osborn’ s.
The f i r s t place to be v is ite d was
He was not at home, and because of p ity for th e w ife and child­
ren the agent did not remove them.
But by the time the places of the other
intruders had been reached, the agent seems to have become a b it sterner.
At Haze’ s the goods were moved out and at Doctor Campbell’3 a foundation
was burned.
At Simmon’ s the kindly old Quaker "turned out those th ieves."
45
42
Also spelled EayseIsaac T. Gibson’ s Diary 1870, Feb. 20-March 20. An unpublished
manuscript in the Gibson Papers. Hereafter cited as Gibson’ s Diary. Also,
"copies o f s e tt le r s ' n o tices & Gov. Joseph tax licen se" , in Gibson Papers.
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On March 26, Gibson rendered an o f f i c i a l d eta iled report of Ms
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use of the troops in removing the fou r s e t t le r s .
Since th is report con-
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s e t t le r called on was John Osborn, ~ho had occupied through fraud and
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threats a claim which was owned by Peter 0*Carter.
ta in s fa c ts not mentioned in the diary, i t i s also abstracted.
The f i r s t
Osborn was away from
home when Gibson and the troops arrived, but h is w ife stated th at her husband was away then looking fo r another place and. that they would vacate in
three days.
Gibson allowed the extra time and passed on to the le x t claim­
ant.
Haze or Hayse and. a brother had moved in on Had Saglo and had
taken possession of M s claim without h is consent.
As Haze had ignored
Gibson*s f in a l n o tice, the so ld ie r s removed the goods of the Haze brothers,
and the next day Red Slagle repossessed Ms home.
Doctor Campbell claimed to have bought Joseph H osier's claim from
a c h ie f.
When Gibson and the so ld ie r s arrived at Hosier’ s p la ce, the founda­
tio n and logs which Doctor Campbell had placed on the claim, were burned,
and the doctor was threatened with arrest i f he did not d e s is t from annoy­
ing Mosier.
Simmons was on the place claimed by Frank James, a Haw, who was an
intermarried Osage c it iz e n .
The e f fe c t s of Simmons were removed from the
house and the Indians again placed in charge.
7jhea Gibson rendered h is o f f i c i a l report he estim ated the troops
44
had traveled about tw enty-five m iles in removing the intruders.
The army o ffic e r th at accompanied Gibson on the intruder removal
expedition also rendered an in te r estin g report to h is superior.
I t sta te s
^Gibson to Hoag, March 26, 1870, in Gibson Papers.
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156
that a fter the expiration o f the time indicated in Gibson’ s f in a l removal
n o tic e s, Cook and ten p rivates accompanied Gibson fo r the purpose of
putting certain Osages in p ossession of th e ir "squaw patches" and cabins.
Some o f the s e tt le r s had heeded the agent’ s n o tific a tio n , but those who
had not were "quietly removed".
Cook stated that the press had greatly
exaggerated conditions on the Osage reserve and th a t he aid not b elieve
there was any danger o f trouble between the s e tt le r s and the Osages.
Gibson employed the troops as described above without s p e c ific
in stru ction s from the O ffice o f Indian A ffa ir s.
3s had requested instruc­
tio n s on the use of the troops, but did not receive them u n til the tw entieth of March, two days a fte r he had ejected some of the s e t t le r s .
46
IVhen
the Commissioner o f Indian A ffa irs did rep ly to Gibson’ s request fo r in­
stru ctio n s, he informed the agent that i t was not the aim of th e department
that the s e t t le r s should be ejected or in terfered w ith .
The troops were
th ere, wrote the commissioner, only to preserve th e peace and to protect
the Osages in th e ir occupancy.
However, in case of violen ce or trespass
upon Osage v illa g e s or property, the agent was instru cted to apply to the
troop commander to arrest the offenders and then turn them over to the
c i v i l a u th o rities to be d ea lt w ith according to the la w .^
An intruder who liv e d on west Caney, fiv e m iles north o f the south
lin e o f Kansas, described the conditions on the Osage reserve as unpleasant
immediately a fte r the Osages returned from the winter hunt o f 1869-70:
long since they tore down two houses and burned two other houses.
"not
There
A JR
P.eport of l i e u t . Geo. T. Cook, 6th i n f . , March 22, 1870, MS.,
enclosure in Capt. Upham to Adjutant, Post Southeastern Kansas, March 25,
1870, in Sept. of Mo. P ile 1870, U7, 7,rDH, NA.
^G ibson’ s Diary, 1870, March 20,
Ni.
47Parker to Hoag, March 11, 1870, in Neosho P ile 1870, .41178, ICR,
A copy of th is le t te r i s also in the Gibson Papers.
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[ s i c ] conduct since they cans bach from th eir hunt is not at a l l agreeable,
they are passing through here in small bands and a l l wants to c o lle c t tares
and to t e l l them we paid our taxes to the Chief w i ll not s a tis fy them".
In addition to r ela tin g tbs hardships o f the in trud ers, tbs same
s e t t le r suggested to the congressman from Kansas a remedial measure.
Be­
cause the s e t t le r s had spent a l l o f th e ir means in g e ttin g to the Osage re­
serve, th is particular intruder thought that the Osages should be moved away.
Another reason for the removal which the impostor advanced, eq ually as r id ic 4 3
ulous, was that the white women were afraid of the Osages.
Congressman Clarke was informed of the exten t and manner of white
encroachment by another intruder who wrote:
"It i s true that many thousand
s e tt le r s have taken quiet p ossession of the ch oicest o f th ese lands, and
hundreds of them have paid the Osages money fo r the righ t of occupancy.
The s e tt le r s have paid them in sums of fiv e d o lla rs to s ix hundred d o lla rs.
I have fa ile d to hear of a sin g le case o f d is s a tis fa c tio n on the part o f the
Indians where the s e t t le r paid them money, . . . ."
As to ste a lin g ,
which the w riter in fer s was a w e ll developed b i-la t e r a l custom, the ssws
s e t t le r explained and j u s t ifie d by saying the white people were ju st paying
the "Ward family" back in th e ir own coin . 49
I t i s not p o ssib le to know the extent o f the i l l e g a l purchase of
the "right o f occupancy" from the Osages.
prima f a c ie .
Osages.
Such procedure was unlawful
And, unfortunately, there was more than one Judas among the
Gibson records that th e whole L it tle Bear band sold th eir righ t
to plant on the F a ll River in the spring o f 1870 for sev en ty -fiv e d o lla rs.
48
Frederick Kautz, Eureka, Greenwood County, to Kidney Clarke, Feb.
9, 1870, in Clarke Papers.
AQ
A. A. Stewart, Montgomery County, to Sidney Clarke March 16,1870,
in Clarke Papers.
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158
The hand divided tbs money and offered Gibson fiv e d o lla r s, which be
says he refused. 50
Montgomery County was resorted to hare had a population o f eight
thousand by the la st of March, 1870.*^-
As the number of th e intruders
increased, so did th eir wrath seera to grow.
i
After attending a s e t t le r s ’
meeting a t which he had spoken, Gibson described the a ttitu d e of the in­
truders as "a crowd of angry wicked men—Many or most of them wanting to
take my l i f e — '
The Associated Executive Committee on Indian A ffairs of the Society
of Friends, ivhich had in charge the.Osage Indians and nine other agencies,
went on record as being strongly opposed to white in tru sion .
The committee
warned the members of th eir so ciety to discrim inate ca refu lly between land
that had been regularly opened to settlem ent and th a t upon which the Indian
t i t l e had not been le g a lly extinguished.
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I t observed that noy only the
in terest of the Indians was at stake, but a lso the reputation of the Society
of Friends and of r e lig io n .
For th eir members to be g u ilty o.f intrusion,
the committee contended, would weaken the society in i t s adm inistration of
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Indian m atters^
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^G ibson’ s Diary, 1870, March 24.
51
Fannie VIhitney, Parker, Kansas, to Sidney Clarke, Larch 26, 1870,
in Clarke Papers.
52
^Gibson’ s Diary, 1870, April 9.
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^Minutes o f the Associated .Executive Committee on Indian A ffa irs,
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5 mo. 18, 1870, [ (I (1859-1872),Q 77. A manuscript in the Department of
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Records of the Yearly Meeting of the R eligious S ociety of Friends of P h ilaj
delphia and v ic in ity under the Representative^Meeting, 502 Arch S treet, P h il- j
adelphia, Pa. The Friends Book Store i s also at th is lo ca tio n . These minutes j
are only partly manuscript. Some printed reports and excerpts are pasted in . i
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In. June, a fte r the warning which the A ssociate Executive Com­
m ittee issued in May, 1870, the Meeting fo r Sufferings of the Indiana
Yearly Meeting o f Friends passed a minute s p e c if ic a lly warning the mem­
bers o f the S ociety o f Friends against intruding upon th e Osage reserve
which, i f not more fo r c e fu l, was more p h ilosop h ical than the warning which
came from the Associated Executive Committee:
Information has been communicated to t h is meeting
that nembers of our r e lig io u s S ociety, in common w ith a
large number o f other persons, have without permission,
se ttle d upon lands in Southern Kansas, granted by the
United S tates Government to the Osage Indians f o r th e ir
exclu sive u se .5^ I t i s p a in fu l to r e a liz e that any one,
claiming to be C hristian, should thus v io la te one of the
very f i r s t p rin cip les of m orality and natural r ig h t;
and i t i s exceedingly hum iliating to us to hear that any,
professing the nans o f Friends, have united with others
in th is unholy act—as they have thus not only brought
reproach upon the cause of C hrist, but t h e ir conduct, i f
p ersisted in , w i l l very serio u sly embarrass our S ociety,
in i t s earnest and laborious e ffo r ts to am eliorate the
condition o f the poor, oppressed Indians.
The Quarterly and Monthly Meetings in Indiana were a lso requested
to see that none o f th e ir members violated the above minute.
However, a
reply to the minute was sent to the Meeting fo r Sufferings of the Indiana
Yearly Meeting September 20, by Aaron S treet, clerk o f tbs Spring Eiver
Quarterly Meeting.
Friend S treet thought the Indiana Yearly Meeting should
not have issued the warning.
Ee thought th a t, instead o f the warning, the
Friends on the Osage reserve should have had the sympathy and prayers of
other Friends.
He explained the in trusion of the Friends upon the Osage
reserve:
54
Some Friends were upon the Osage reserve because Agent Gibson
mentions attending various m eetings. (Gibson’s Diary, 1870, January 23,
March S, April 10, and June 24).
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Uhen the Friends s e ttle d on the Osage lands they were
encouraged to do so by the present Agent fo r those Indians,
and they did i t under the expectation that the Government
treaty with the Osages purchasing th eir lands would be
r a tifie d by the Government, and the country thus be le g a lly
open for settlem ent, and they procured a le g a l right of
the Indians by paying them a stip u lated sum for the right
of possession. The Indians expressed th e ir sa tisfa c tio n
with Friends and th e ir w illin g n ess that they should remain
on th eir lands; and th eir Chief, Chetopa, even expressed
h is wish that a l l h is people should become Friends.
Furthermore, Street stated that instead o f the presence o f Friends being
an embarrassment to the agent, they were an advantage to him and that he
had Repeatedly expressed h is wish that th ey should remain th e r e .”
Apparently the presence of the so ld iers prevented any further
acts of v io len ce.
At any rate an aggravated condition did not threaten
to re-appear u n til la te in June, 1870. Then the temporary commander,
Gjff
L ieut. George F. Cook,
reported that repeatedly he had received in­
formation that the s e t t le r s had organized by forming themselves into
clubs to uphold the claims of th eir members against the Osages, and that
the whites were at the time making an unusually strong e ffo r t to get
possession of the claims then held by the Osages.
He a lso stated th at
a l l of the able-bodied Osages were away at the time on the summer hunt,
and consequently the Osages who were l e f t behind were an easy prey to
55&inutes of the Associated executive Committee on Indian
A ffa irs, March 1, 1871, f ( I (1869-1872),"]] 102. These minutes were
printed and pasted in .
56
Captain Upham was .granted a sick leave fo r th ir ty days in
A pril and L ieut. Daniel H. Murdock took over h is command. Upham did
not return to Comany ”1” u n til in November. In th e meantime the
company had been ordered to leave Montgomery Post O ffice on October 14.
(Monthly Post Returns, Post Southeastern Kansas, April to November,
1S70, MSS. ,in RS, 0D, -AGO).
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the white intruders who were in clin ed to he la w less . 57
^
Apparently the Osage intruder d if f ic u lt y suddenly came to an
end on July 15, 1370, when Congress passed le g is la tio n which provided for
the removal o f the Osages and the sale o f th e ir land in Kansas.
However,
the Osages did not agree to the act of Congress u n til the follow ing
September.
The fed eral troops were ordered to leave Montgomery Post
O ffice October 14, 1870.58
57
Lieut. Geo. F. Cook Ternary. Comd*g. Co, "I", Camp on Drum Creek
near Montgomery, P. 0 ., Kansas, to Adjutant Post Southeastern Kansas,
June 23, 1870, in Neosho F ile 1870, A1178, ICE, Nil. The Monthly Post
Returns do not show that Lieutenant Cook acted aa temporary commander of
Company "I".
5%pham to A ssistant Adjutant General, Department o f Missouri,
October 18, 1870, in Dept, of Missouri F ile 1870, U22, WDR, NA.
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CHAPTER 71
THE EEM07A1 BILL
Even before th e Sturgess Treaty -was withdrawn fr e e the Senate,
the Hoa.se began an attempt to secure the removal of the Osages from Kansas
by the le g is la tiv e process.
Ho. 998 on January 28, 1870.^
mous consent.
Congressman Clarke in itia te d House Resolution
The Clarice resolu tion us-s reported by unani­
I t provided th a t the Osages should be removed to Indian
Territory, and that th e ir diminished reserve should be opened to actual
s e t t le r s .
Clarke’s proposal vms read tw ice, then referred to the Indian
Committee and ordered to be printed.
reported his proposed b i l l .
Hires days la te r (January 31), Clarke
I t provided:
that the President be authorised
to s e t apart or assign , from the lands in Indian Territory subject to the
settlem ent of fr ie n d ly Indians, &. home fo r the Osages j
proportion of such heme be f i t for agriculture;
that a su itab le
that the President be
| authorized to take steps for the immediate removal of the Osages;
S
that
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acted; that the Act of April 10, 1869, m s to remain in force;
that the
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Clarke had offered to confer with the Commissioner of Indian A ffairs
| r e la tiv e to the removal o f the Osages by the le g is la t iv e process as early as
| the middle of 1S69. (Clarke to Parker, Hay 17, 1869, in CSF 1869, C2S0,
| IOR, HA. For the meaning of symbols see L is t of Symbols).
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This a ct extended the time th at s e tt le r s might pay fo r Osage
u n til Apri 10s 1871. For a copy'of the- act see 16 S ta t. L ., 55; Ralph A.
Barney (Comp.), Laws R elating to Osage Tribe of Indians from Kay 18, 1824
162
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153
proceeds ($1,600,000) from the Osage land sa les were to draw f iv e per cent
in te r e st annually and th at th is in te r e st was to be used by the President
3
fo r the b e n e fit of the Osages as he saw f i t ;
th at the Osage land m s to
be sold to actual s e ttle r s a t one d o lla r and a quarter per acre in lo ts
of one hundred and s ix ty acres;
that the Csage land in Kansas was to be
surveyed a t the expense of the Osages; 'th a t two section s in each township
were to be reserved to the S tate of Kansas fo r public school purposes;
that the Osage reserve to be se le c te d in Indian Territory m s to be sur­
veyed and a llo tte d in sev era lty ;
th at payment fo r surveying and improving
of the same m s to bo made from the in te r e s t on th a t part of the proceeds
of the land sa le s in Kansas which the Osages were to r eceiv e.
Clarice made an e ffo r t to have h is b i l l considered a t the time he
reported it * but i t had to give way to the "regular order" of business be­
cause two-thirds of the House did not favor suspending the rules
YShen the congressman from Kansas d e fin ite ly turned to le g is la tio n
as a p ossib le means of removing the Osages, th e Kansas le g isla tu r e was
quick to lend i t s influence and to endorse h is plan.
On February 8* i t
.
ceased to support the Sturgess Treaty by passing a reso lu tio n in which a
speedy removal of the Osages by the le g is la t iv e process m s requested.
The
sentiment of the Kansas lawmaking body was embodied in a resolu tion re­
questing that the Osages be removed, because th e ir presence hampered both
to March 2, 1929 (The Osage Prints ry, Fawhuska, Oklahoma* cl92Q), p. 11;
ISansas PaTly"Trfbuae, Jane 13, 18G9; The Oswego R egister, July 2 , 1869.
l i f t e r the proceeds from the land sa le s exceeded one m illio n
d o lla r s, United States bonds were to be bought.
^globe, 41 Cong. 2 s e s s ., F t. I , pp. 850, 916.
Records o f the "Court of Claims lib. 258- pp. 162f.
See a lso Printed
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164
progress and railroads*
I t was also requested that the s e ttle r s be pro­
tected by making the Osage land-the tr u st land end diminished reserve —
end improvements, i f any, availab le a t a p rice not to exceed a d ollar and
a quarter per acre*
-he sta te reprosentative from Montgomery County, which was fo r
the r e s t part on the Osage diminished reserve, also took a personal in te r e st
in the effo rts of Clarice to remove the Osages by leg isla tio n *
Clarke:
Eo wrote
nI have read your E i l l with regard to the desposition of the
Osage lands and think i t Is r ig v ’c and l e t ne Say to you that I and the
peopol [p ic '] that I Represent w ill Stand by you in the future.
On the heels of President Grant's request (February 8, 1870) fo r
the withdrawal of certain Indian, tr e a tie s from the further consideration of
the Senate, one of which was the Sturgess Treaty, Senator Harlan of lorn
presented (February 10) by unanimous consent Senate B ill !:Io. 529.
This
proposed b i l l also provided for the sa les of the Osage reserve in Kansas
and the removal of the Osages to Indian Torritory.
After being read tw ice,
I t was referred to the Indian Corsaittee and ordered to be printed.
Six'
days la te r Senator Harlan, fo r the Indian Committee, reported h is b i l l with
7
amendments.
Senate B ill Ho. 529 va 3 a su b stitu te for the withdrawn Sturgess
Treaty.
I t proposed:
that the United States be the purchaser of the Osage
®Sen. Misc. Doc* So. 55, 41 Cong. 2 s e s s ., (140S), pp. I f .
s
J. 3 . Adams to Clarke Feb. 24, 1370, in Sidney Clarke Parsers,
a p rivate c o lle c tio n owned by Sidney Clarke, Junior, 729 B roadw ay/ Shawnee,
Oklahoma. Hereafter cited as Clarke Papers.
7
Globe, 41 Cong. 2 s e s c ., ft* I I , pp. 1159, 1519.
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reserve;
th at §2, 000,000 be the price to be paid fo r the reserv ed
th at
the land be sold to s e t t le r s fo r cash only u n til the government should be
reimbursed;
that the remainder o f the land be sold as other public lands
were so ld .
vVhen the Harlan b i l l m s reported. Senator Charles Daniel Drake,
of Missouri, objected to a hasty consideration of i t , because i t m s a
radical departure from the old tra d itio n a l p o licy of making tr e a tie s with
the Indians*
Drake said that the b i l l would force the United States to
buy and the Osages to s e ll*
Congress, as Drake viewed the Harlan b i l l ,
m s to giro "consent” fo r both p arties*
Drake recommended making haste
slow ly with the new plan of dealing with th e Indians by the le g is la tiv e
9
process*
On February 25, Congressman Lawrence, of Ohio, s t r e s s e d h is appro­
v a l of the new proposed le g is la t iv e plan of dealing with the Indians bysayings
“we have come to adopt p recisely the p o sitio n toward the Indian
trib e s that the B ritish Government occupies in Canada*
made there.
Ho tr e a tie s are
Ihe Indians are treated as people to be le g isla te d fo r , ju st
as we ought to le g is la t e for -them, in th is country.
Hot long a fte r the withdrawal of the Sturgess Treaty, the Commissioner
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of Indian A ffa ir s, Ely S* Parker, suggested th at the Osages be removed from
Senator Harlan's b i l l o r ig in a lly provided only §1,600,000 as an
o ffe r for the Osage reserve, because, he contended, the Osages were w illin g
to take that amount at the time t i e Sturgess Treaty was negotiated* However,
the Senate Indian Committee raised the sum to §2,000,000 as reported in
the amended b ill* But even th is amount was only a fraction over twenty
cents per acre*
9Globe, 41 Cong* 2 se ss« , P t. I I , p* 1556*
10I b id ., p . 1575*
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Kansas by the le g is la t iv e process*
On harch. 3 (1870) Parker transm itted
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to the Secretary o f the In terio r, copies of recent correspondence upon
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the subject of white encroachment on the Osage reserve*
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The enclosures
were four le tte r s frota Agent Gibson, which were dated January 8, 10, 13
and February 19;
one from Superintendent Hoag, dated January 20;
Parker’s
report of January 27, and the.report of the Secretary of War, dated
11
February 23.
The commissioner suggested to the Secretary o f the Interior
th at the correspondence which he enclosed be la id before Congress that
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that body might have an in te llig e n t understanding of the d if f ic u lt y on the
Osage re se rv e and be th e re b y b e t t e r enabled t o fram e l e g i s l a t i o n on th e
su b ject*
The Commissioner o f Indian A ffairs not only transm itted copies
of the correspondence r e la tiv e to in trusion on the Osage reserve, but
offered a solu tion for what he termed an acute Osage-intruder situation*
He paved the way fo r h is suggestion by c a llin g the secretary’s atten tion
to the fa ct that the withdrawn Sturgess Treaty had provided, among other
th in g s, for the removal o f the Osages*
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I t was in order to continue the
o rig in a l plan fo r the removal o f the Osages that Parker then recommended th at
Congress be requested to appropriate f 50,000 fo r th e removal and settlem ent
of the Osages in Indian Territory.
The Commissioner o f Indian A ffairs
suggested that the sum thus appropriated could be repaid from the proceeds
of the sale of Osage land in Kansas*
Parker wanted the appropriation which
he said was necessary because c f the improverished condition o f th e Osages,
’immediately made.”^
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23-This correspondence has been previously discussed.
on "Intruders on the Diminished Osage Reserve in Kansas*"
See chapter
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The Secretary of the In terio r not only concurred in the suggestions
of th e Comaissioner of Indian A ffairs but recommended them to Congress four
days la te r (March 7 ) .
The §50,000 appropriation, he -wrote, -was 'to apply
i
only u n til further provisions could be Hade from the sa le of Osage land in
7Kansas* 15
One o f the th iev in g land grabbers on the diminished Osage reserve
seems to have grown so impatient from the inaction of Congress that he ex­
pressed the English pioneer philosophy very clearly*
Ee wrote Congressman
Clarice to "hurry up the removal o f these la zy , d irty vagabonds . . . . .
It
is f o l l y to ta lk longer of a handful of wandering savages holding possession
of a land so f a ir and rich as th is*
14
us have it ."
We want th is land to cake homes.
Let
An impetus fo r le g is la t io n more favorable to the Osages originated
15
on the Osage reserve. On A pril 13, 1870, Colonel Thoms Murphy appeared
a t the Ueosho Agency with a le t t e r from Superintendent Enoch Hoag.
The
colonel*s business was to purchase the Osage reserve fo r the Atchison, Topeka,
and Santa Fe Railroad Company.
Land values had appreciated considerably a fte r
th e Sturgess Treaty n eg o tia tio n s, for Colonel Murphy was more lib e r a l on th is
p*
1869-Sept. 9, 1870), p. 219, I0B, EA; H* Ex. Doc* Ho. 179, 41 Cong. 2 s e s s .,
¥11 (1418), I f . Gibson^ four le t t e r s d e ta ilin g the d iS 'ic u lty with the
intruders nay be found on pp. 3 -6 .
■^Cox to James G. Blaine, Speaker o f the House, March 7, 1870, MS.,
Record o f Letters Sent (Secretary of I n te r io r ), Indian M iscellaneous, Boole
Ho. 8 (1868-70), p . 443, IOR, EA; E» Ex* Doc. Ho* 179, 41 Cong. 2 s e s s .,
¥11 (1418), I f .
■^“A. A. Stewart, Montgomery County, to Sidney Clarke, March 16,
1870, in Clarke Papers.
15
A former superintendent of Central Superintendency and one of the
commissioners who negotiated th e Sturgess Treaty, but a t th is p articu lar time
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occasion in h is o ffe r to the Osages than the Leavenworth, Lawrence, and
Galveston Railroad 0025)0237 had been in 1868*
He was now w illin g to pay
12.500.000.
This splendid o ffe r did not f a i l to a ttra ct a tten tio n nor did i t
go unheeded.
Osages.
Agent Gibson immediately made the new o ffe r known to the
The next day (April 14) the agent with Colonel E&irphy and Hose
Heal mat Hopomlla, Chetopa, Hard Rope, and about tw enty-five other L ittle
Osages a t Alexander B eyett*s p la ce.
At th is meeting Gibson la id before
the L it tle Osages Colonel Murphy's o ffe r ,
thereupon the Osages "consulted
& said they did not want to s e l l to any one not sent by th e ir Great Father
60..n
On the fifte e n th Gibson went to the Big H ill town to see Joseph
Paw-ne-no-pashe and the other c h ie fs .
As the Big H ills
werenot a t home,
he sen t Paw-ne-no-pashe a le t t e r requesting a conference fo r the next second
IS
day*
The Big H ills did not arrive in time fo r the meeting on the eighteenth..
However, on the nineteenth Colonel Murphy, B eyett, Gibson, and Heal met them
in a council "in the bottom."
Here Gibson a lso submitted Murphy's $2,500,000
railroad o ffer to th e Big Osages, who in turn "consulted & said they could
not entertain the o ffe r unless from the Gov..—"
Colonel Murphy l e f t the Heosho Agency the next
day,but returned on
May 1, with Superintendent Hoag, to continue h is origin al b u sin ess.
17
On
Colonel Murphy was3bnehbsr of the Kansas le g is la tu r e . ("Death of Col. Thos.
Msrphy", in The Atchison D aily Champion, March 25, 1380).
•^April 15, 1870, was on Friday and the next second day would have
been on Monday the eighteenth.
17Hoag was v is it in g the agency at th is time to make a semi-annual
annuity payment.
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169
the th ird , Gibson again counseled -with, the Osages on "the $2,500,000 [o ffe r ]
IS
fo r th e ir lands &c. . —they refused the o ffe r & ashed $4,000,000—"
The proposed terns of the Santa Fe contract of s a le are in te r e stin g .
I t provided $200,000, or as much thereof as needed, to buy a new hone fo r
the Osages;
|50,000 fo r Osage subsistence the f i r s t year a fter arriving
a t the new home;
$50,000 to be used in erecting the necessary agency
b u ild in gs, in purchasing to o ls and seed and in paying employees;
the balance
($2,200,000) to be invested by the Secretary of th e In terio r in fiv e per
cent government bonds.
A new schedule fo r Osage
in the contract of s a le .
annu it ie s was a lso proposed and explained
The Osages were to receive $100,000 per annum in
addition to what they were then receivin g.
This, i t was estim ated, would
ensure to each Osage a semi-annual payment of $20.
A fund of $10,000 m s
to be provided from which each Osage who should resort to farming a small
patch was to draw a bonus o f $300 per year fo r h is industry.
19
The fa c t that the Osages had been offered $2,500,000 for th e ir re­
serve seems to have given th e O ffice of Indian A ffairs much concern, because
i t was feared that Congress might pass a b i l l s e llin g the Osages out a t a
much lower p rice.
Consequently, -the fa ilu r e of the Osages to s e le c t delegates
20
at the council in May, 1870, to go to nashington to look a fte r th e ir business
was almost a tragedy.
The precarious s itu a tio n was graphically presented
l^Isaac T. Gibson’s Diary, 1870. An unpublished manuscript in the
Isaac T. Gibson Papers, a private c o lle c tio n owned by A. H. and T. E. Gibson,
607 Grandview, Pawhuska, Oklahoma. Hereafter c ite d as Gibson’s Diary.
^Memorandum, May 5, 1870, in Gibson Papers.
^ See 'Chapter ¥"•
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170
to Gibs on on May 21 by Superintendent Hoag's ch ief clerk in a le t t e r ■which
was narked nco n fid en tia l” :
I f the Osages are going to Washington, they must
came a t once* or they wont get the chance. The Cam'r
telegraphed today, TAre the Osages going to send a d ele­
gation to Washington, or n o t .’ Congress is -Baking up
and i f the Osages dont accept of the good o ffe r th at
has been made them., they w ill fin d themselves sold out
at a much lower price than -they have been offered . This
i s my candid opinion.
Please report immediately whether or not the dele­
gation i s going—there is no time to be l o s t . 21
That same day the ch ief clerk telegraphed the Commissioner o f
Indian A ffairs th a t the "Supt paid Osages fourth Instant they could not
then agree upon a delegation thought they would soon.
22
s i n c e . . . . . '*
However, Governor Joe
23
Have heard nothing
had already dispensed w ith the
proposition of sending Osage delegates to Washington.
He had w ritten
Agent Gibson ju s t the day before (Slay 20) th at h is people could not agree
24
upon the selectio n o f a d elegation .
Then the Senate Indian Committee again reported on Senate B ill Ho.
529, which i t did on May 4, Senator S» C. Pomeroy could not see the wisdom
of the Indian Committee in adding an extra $40,000 to Senator Harlan's
o rig in a l proposed s a le price o f the Osage reserve.
And
i t was through
Pomeroy's e ffo r ts th at the price of t ie reservation , in the amended proposed
Earlan b i l l , was reduced to what the Osages had o r ig in a lly agreed to accept
^Farnhan to Gibson, Ihy 21, 1870, in Gibson Papers.
22Telegram: "C", Farchaa to Parker, Kav 21, IS70, in CSF 1870,
ffl.101, I OS, HA.
23
A fter the semi-annual annuity cou n cil, May 2 -6 , 1870, Joseph
Paw-ne-nc-pash3 can be correctly alluded to as the governor of the Osage
ITation.
24For a copy o f Governor Joe's l e t t e r see p. 194f.
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171
in the Sturgess Treaty.
2S
Senator E. G* Ross explained a long amendment -which he offered
to the h i l l on May 4 .
He stated th a t he -was -working fo r a railroad system
fo r the State o f Kansas.
Railroads, he contended, would bring a high de­
gree of prosperity to the state*
Ross must have desired to hasten
prosperity because he wanted to amend the b i l l , so that a group of r a il­
roads might have the rig h t to purchase the Osage reserve, except section s
six teen and t h ir t y - s ix .
were:
The railroads -which Senator Ross -wanted to favor
the Leavenworth, Lawrence, and Galveston;
the Atchison, Topeka,
and Santa Fe; The SHssouri, Fort S co tt, and Santa Fe; the Union P a cific
(Southern Branch); the Leavenworth and Topeka; the Lawrence and Neosho
V alley.
Obviously the Ross amendment did not have the same end in view
as did the Harlan b i l l .
Consequently, Senator Harlan, opposed the amendog
mcnt, and i t did not pass. Cn Hay 5 , Senator Lot !'• M orrill, of Shine, expressed opposition
to the b i l l , because lie said the Osages were not given th e ir day in court
by the process of le g is la tio n .
He ju d icio u sly pointed out th a t the Harlan
b i l l violated a tr u st which was created by A r tic le 2 of the Osage Treaty of
1385 whereby, i f the Osages should agree to leave Kansas, th o ir land was
to be sold fo r a d o lla r and a quarter per acre. 27
According to Senate 3 i l l
No. 529, the United S tates would assume ownership of the Osage land and pay
only about eighteen cents per acre.
Senator K o rrill thought that such an
^G lobe, 41 Cong. 2 s e s s ., P t. IV, p. 3218.
26I b id ., pp. 3219f.
^Charles J. Kappler (Comp.,), Indian A ffa ir s, Laws and T reaties,
2 ed«, (Government Printing O ffice, T-asKir'gton, 1964), I I , 879.' Hereafter
c ite d Kappler, Indian A ffa irs.
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172
arbitrary act of Congress was unjust and was a poor way to f u l f i l l a sacred
trea ty tr u s t.
He a lso stated, th a t in the hearings before h is committee
on the Sturgess Treaty i t was revealed by th e testimony of various r a il­
road representatives th at the Osage reserve was a ctu a lly worth $40,000,000.
Senator M orrill did not think the arguments o f Senators Pomeroy
and Harlan worth o f serious consideration when they said the removal b i l l
was framed to dispose of the Osage reserve in order t o avert war.
The
question of war or peace did not str ik e Senator M orrill as lo g ic a l for
th ese reasons*
the Osages were not to blame, because white people had in­
truded upon th e ir la nd;
the w hites were there i l l e g a l l y and could not
co rrectly be ca lled s e t t le r s ;
the whites had violated the rights of the
Osages; and troops had been stationed on the Osage reserve* not because
of any wrong the Osages had committed, but because of th e il l e g a l intrusion
o f the white s e t t le r s ,
The fa ith of the United States had been pledged,
M orrill asserted , to keep the white people o f f the Osage reserve, and
th e ir presence there v io la ted that pledge.
He a lso declared th at as the
public domain could not be opened fo r settlem en t, except by authority of
law, there was no excuse fo r th e Tdiite people being upon the Osage reserve.
The solon from. Maine said the twenty thousand white s e t t le r s then upon the
Osage reserve had unlaw fully taken possession , and the government had fa ile d
to l iv e up to i t s pledge—to protect the Osages from white in trud ers.
If
the United S tates would only l iv e up to i t s duty, there would be no
occasion for c o n flic t or war with the Osages,
contended M orrill.
The law­
le s s c itiz e n s of the United S ta te s, not the Osages, were to blame fo r the
d if f ic u lt y , and the senator said that he did not think the government should
complete a wrong commenced by a law less element by expelling the Osages.
He a lso took pains to say that he did not think the s in of removal could
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be p a llia ted by c a llin g th e Osages savages when the government had, for
m s necessary, emphasized M orrill, i f the government would only do i t s
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duty? that would be enough.
The Puritan closed h is argument in the Senate
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against the Harlan removal b i l l by saying th a t for Congress to confirm the
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a ct and sustain the squatters would be to put a premium on lawlessness
2S
and a reward on freebooting.
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s ix t y years, pledged them, friendship and protection .
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Ho new peace measure
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By the spring o f 1870, the d ila to ry action o f Congress in not
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passing an 0sag 9 removal b i l l
w e s
a ttr a c tin g a tten tio n end receiving strong
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condemnation in Kansas.
Soon a fte r the able argument of Senator H orriil
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against Harlan’s b i l l the c itiz e n s of Cowley County2® held a mass meeting
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on May 14.
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These s e ttle r s thought th at Congress had been a b it tardy in
actin g upon e ith e r -the House or Senate b i l l tdiich. had been introduced as
a p ossib le su b stitu te fo r the Sturgess Treaty.
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The c itiz e n s who assembled
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a t W infield resolved "that congress i s earn estly and s p e c ia lly , requested
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to take Early, and favorable action upon e ith e r the House or Senate b i l l ,
now pending, to the end, th a t the Indian t i t l e to t h is f a ir and f e r t i l e domain
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may be extinguished and the Indians removed therefrom, and the land surveyed
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and sold to actual s e t t l e r s , a t one d o lla r and tw enty-five cents per a cre.”
A copy o f the above reso lu tio n was ordered to be sent to each
member of the Kansas congressional delegation in Washington with a request
th at a removal b i l l be passed before Congress adjourned.
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2SGlobe, 41 Cong.2 s e s s ., P t. IV, pp. 3246-49.
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2SSee map opposite p. 174*
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E. Cook, Chairman and T. H. Johnson, S e c ., of the Cowley
County Mass Meeting held a t W infield, Ms.y 14, 1870, MS., in Clarke Papers.
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174
A fter a v i s i t to the Osage reserve th e lieu ten an t governor of
Kansas, C. V. Eskridge, addressed a lengthy, open le t t e r to Senator Pomeroy
on th e question o f the removal of the Osages.
Eskridge wrote, nThe t e s t
lands are now a l l occupied by s e t t l e r s , and the Indians should go, not
•Stand upon the order o f th e ir going, but go a t o n ce.,n .
He stated that
the Osages wanted to go, and the government wanted them to go, but the
trouble was with Congress, where a plan could not be agreed upon.
The
lieu ten an t governor thought that any plan was b etter than none and wrote th at
any f a ir plan which protected the in te r e s t of the s e t t le r s , present and fu tu re,
and provided fo r the school in te r e st o f the s ta te would be acceptable*
Eskridge pointed the way to a so lu tio n fo r the Osage-intruder d i f f i ­
c u lty by explaining h is theory o f government.
He said the end o f a l l law
was ju stic e and fo r a le g is la t iv e body to f a i l to pass the necessary laws
was an in ju s tic e —the s in o f om ission.
TShen a popular government f a i l s to
meet the ju st demand o f the people th at i t keep abreast o f th e ir advancing
in te r e s t s , i t misses i t s purpose and, th erefore, becomes unpopular with
th e people.
With th is trend o f lo g ic , the lieu ten an t governor explained
why the s e tt le r s had rushed upon the Osage land*
I t was because th e govern­
ment had fa ile d to provide ju s tic e by law th at the s e tt le r s had been forced
to take the law in to th e ir own hands.
R elative to the s itu a tio n on the Osage reserve Eskridge’s le t t e r
reads t
There are now ten or f if t e e n thousand people upon
th is reservation* I t w i l l not do to say th at they have
gone there in v io la tio n of law. They have gone there in
ju s tic e and fo r the b est in te r e sts o f the S tate and
country, and to be ’ordered o f f ’, would be a most flagran t
outrage against which the whole peop le•should and would
protest* UShether i t i s so, or n o t, the people b eliev e
th a t these Indians would be sp eed ily removed, i f our
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delegation a t Washington, or Congress, would wipe o ff
the leaches th a t have fastened themselves on every
proposition Which has "been made fo r the purchase of
th is reservation.
In discussing the intruder s itu a tio n on the Easr Indian reserve,
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the lieu ten an t governor dispensed some p o lit ic a l philosophy which was
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equally applicable to the Osage reserve.
He sa id , l!Vihen Congress f a il s
to do ju stic e i t ‘breaks the law, and the people have a r ig h t, in ju stic e
to take possession of the rese rv a tio n .J" '
Eskridge certa in ly did not discourage h is theory of ’‘ju stic e ” by
further declaring:
"Will such a demonstration have to be made as can only
be made by a general uprising o f the people, before our representatives
and Congress w i l l open th e ir eyes to the ju s tic e of th e ir demands?” He
even intimated that the tin e night cone, because of the tardiness of
Congress, when sercieaent would bo maintained by county m ilitary force.
31
The c itiz e n s of Morris County met a t the court house and expressed
themselves upon the question of the removal of a l l Indians from Kansas*
While i t is true th at these s e t t le r s were only concerned with tho Kaws,
th e ir general a ttitu d e and th e ir technique fo r exerting p o lit ic a l influence
are both worthy of note.
A preamble which -they passed reads;
"Whereas,
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We tho c itiz en s of Morris county,
in mass meeting assembled, b eliev e that
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the time has f u ll y came in which the in te r e s t of advancing c iv iliz a tio n de­
mands the extin ction of the t i t l e s of Indians to a l l lands in the State of
Kansas."
The Morris County c itiz e n s regarded with regret the in a c tiv ity of
Congress and authorized the secretary of the meeting to furnish copies of
j
^-"The Osage and Kaw Indian-Reservations”, in The Emporia Tribune,
May 18, 1870.
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the resolutions fo r publication to the Topeka, Lawrence, Leavenworth,
Council Grave, and " all other papers frien d ly to the removal of Indians
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frcm the State "and that they" be a lso requested to give the same proninence.’* The senators and representatives in Congress were also to be
furnished a ®opy of the resolutions*
32
By- May 23- the superintendent of Indian A ffairs a t Lawrence, Kansas,
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became alarmed because he thought there was a p o ssib ility ’- that an Osage
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removal b i l l might pass Congress wherein the Osage reserve night be sold
for about twenty cents per acre.
As a precautionary measure he proposed
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to the Neosho Agent, Gibson, that he go to Y«ashiagton to prevent the passage
of such a b i l l .
He a lso sont to the Commissioner of Indisn A ffa irs a pro33
t e s t against any such p rice.
nowever, not u n til June did the superintendent
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take any further action again st.th o p o s s ib ilit y of unfavorable Osage le g is -
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la tio n .
Senate B ill Ho* 529 was again discussed on May 24.
At th is time
Senator Harlan attempted to answer the attack Senator Librrill had p reviously
[
made (May 5} against the low price Harlan’ s b i l l offered f o r the Osage re­
serve.
Senator Harlan contended th at the twenty cents per acre was fo r a
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mere usufruct, or an easement.
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fe e .
The Osages, he sa id , "have not a t i t l e in
They have a right only to the use and enjoyment so long as they choose
to occupy the land."
I t was admitted by Senator Harland that the price
stip u la ted in h is b i l l was not the agricu ltu ral p rice.
He explained that
as the United States already owned the f e e , the twenty cents per acre was
only fo r the Osage in te r e s t.
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*^The Advertiser, May 21, 1370.
^G ibson’s Diary, 1870, May 23.
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177
By analogy and through, the aid of ob solete, h is to r ic a l precedent,
Senator Harlan ju s tifie d th e low price o f twenty cents per acre.
Maine,
Pennsylvania, Hew York, and a l l th e other Hew Ragland s ta te s did not pay
anything lik e twenty cents per acre fo r the Indian lands they had pur­
chased, he declared.
fron i t s rental value.
The price o f the Osage reserve was reckoned, by Earlan,
The Senator's lo g ic ran thus:
"when you pay the
owner a sun that w ill y ie ld an in te r e s t equal to the rental have you not
paid bin the whole value?"
3y th is mental process Harlan concluded that
the Osages were only e n title d to a sum whose annual in te r e st would be
equal to the t o ta l value o f th e ir crops and game.
The prospective value
of the Osage reservation a fte r i t had passed in to the hands of the white
people, when the f ie ld s were laden w ith f r u it f u l products and when commerce
had been w ell estab lish ed , should not be taken in to consideration in
arriving at the price of the Osage reservation , said the Senator.
The
$1,600,000 a t f iv e per cent in te r e s t, which the b i l l provided, would y ield
$80,000 per annum, and th a t, Harlan sa id , was more th in a l l of the Osage
patches and game were worth.
Harlan also tr ie d to am eliorate M orrill's accusation of May 5,
th a t the white intruders on -the Osage reserve were ju st p lain hind th iev es.
Earlan admitted that the s e tt le r s were in advance of th e tech n ical extin ­
guishment of the Osage t i t l e and were le g a lly , but not m orally, tresp assers.
He tr ie d to g lo r ify the intruders by contending they were only pioneers
pushing forward the car o f c iv iliz a t io n , follow ing in the fo o t steps of
precedent, doing ju st what th e ir neighbors had dene, doing ju st as the
inhabitants of other new sta te s had done.
Truly a benevolent role?
F in ally, Harlan closed h is - reply to M orrill by urging a hasty action
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178
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on h is b i l l as a peace measure* because, he again said* peace between the
s e tt le r s and the Osages was a t th a t very time being maintained by the
sword. ^
Early in June the rabble rouser* Lieutenant Governor Eskridge,
v is ite d the Saw reserve and talked to the s e t t le r s .
He dispensed seme
more tim ely p o lit io a l philosophy on Indian lands in general, but e sp e c ia lly
j
did he touch upon the righ ts of s e tt lo r s in p a rtic u la r.
He explained
p ra ctica l p o litic s by t e llin g the s e t t le r s that the people were tho power
behind the throne and greater than the throne i t s e l f , that Congress had no
power to disregard the w i l l of the people.
On t h is occasion he told the
s e t t le r s that the Indian t i t l e was only possessionary and th at when the
Indians l e f t the land, i t belonged to the people, not to Congress to peddle.
For the delay of Congress in removing the Indians from. Kansas,
Eskridge had not only a p o lit ic a l philosophy but a p ractical remedy.
Ee
frowned upon regular parliamentary procedure and advocated the law of fo rce.
Speaking to white intruders on an Indian reserve he said:
"Congress has
been too slow fo r the people we must awake them from th e ir Sip Van Winkle'
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s le e p , to devise some means fo r the removal of these Indians, we have
waited long enough . . . . . who does th is land belong t o , not to Congress, you
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are the people.
The land i s yours.
possession i s nine points of law
!
I f you are here f i r s t the lend i s yours,
35
While the lieu ten an t governor o f Kansas was thus promoting the
cause of the s e t t le r s , Senator M orrill of ISaino was upholding co n stitu tio n a l
law and the rights o f the Osages.
34
P articu larly on the price o f the Osage
C-lobe, 41 Cong. 2 s e s s ., p t. IV, pp. 3745, 3747.
55
A speech of C. V. Eskridge, Lieutenant governor, on Hock Creek,
Kaw reserve, as reported by the Saw Indian Agent, Ifahlon Stubbs, to A. C.
Faraham, ch ief clerk o f Central Superintendency, June 7, 1870, 1 5 ., in
Kansas F ile 1870, B2204, I0E, HA.
—
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179
land did Senator M orrill str ik e a t e llin g 'blow—a blow which netted the
Osages 3one eigh t m illio n d o lla r s.
He reminded the Senate (Jane 8) that
A rticle 2 of the Osage Treaty of 1365 s e t the price of the Osage tr u st
land a t a d ollar and a quarter per acre, and th at A rticle 16 of the seme
treaty provided th a t, should the Osages consent to leave Kansas at any
future tin e , the diminished reserve was to be disposed of on tho same
terms as the tru st land.
Fortunately for the Osages these former treaty
stip u la tio n s ’.vers incorporated in the amendment m ic h Senator M orrill
then offered to the genoral Indian appropriation b ill.'*
Harlan then
amended M orrill’s amendment to the general Indian appropriation b i l l by
adding $30,000, which m s in lie u of the government's fa ilu r e to supply
the Osages with a m ill, stock , blacksmith, implements, wagons, e t c ., as
57
provided in the Osage Treaty o f 1839.
However, the origin al idea to
correct an in ju stic e
of such long standing was not Harlan’s .
His amend33
nent was in r e a lity A rticle 6 of the il l- f a t e d Sturgess Treaty.
The
$30,000, which Harlan revived, was to be expended on the new Osage reserve
in Indian Territory.
Twelve thousand d ollars of th is amount was to be used
in erecting a warehouse, blacksm ith’s diop, and dw elling, and eighteen
thousand dollars was to be used fo r a schoolhouse and church, and a saw and
g r is tm ill.
The general Indian appropriation b i l l (House Resolution Ho,
3<%ie Indian appropriation b i l l or House Resolution Ho. 1169, had
been introduced by Sargent of C alifornia on February 7, and passed the House
on March 3. ( Globe, 41 Cong. 2 s e s s ., Ft. I I , pp. 1089, 1673).
37H. Ex. Doc. Ho. 310, Pfc. I l l , 40 Cong. 2 s e s a ., ZDL (1345), 8j
Happier, Ircian A ffa irs, I I , ”526j 7 S ta t. L ., 576.
3% . S. F itzpatrick (Conp.), Treaties ~and~ Laws of the Osage Station
as Passed to November 26, 1890 (Press of the Cedar Wale Commercial, Cedar
Tale", Ivans: a s» 1895), p. 34.
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ISO
1169) with, the M orrill and Harlan amendments passed the Senate on June S. 39
H ouse R esolution Ho. 1169, as amended by the Senate, was reported
back to the House on June 10.
Sargent then reported (June 20) fo r the
House Appropriation Committee, recommending that some o f the Senate’s amend40
merits be concurred in and others disapproved.
The very day th a t the M orrill amendment passed the Senate (June
8 ), the superintendent o f the Central Superintendency wrote Agent Gibson
th at i t m s h is opinion th a t Congress would probably pass same le g is la tio n
in the near future a ffe c tin g the in te r e s t of the Osages.
As the Osages
were then absent from th e ir reservation on the summer hunt, the superin­
tendent suggested to Gibson that he go to 'Washington to advise the depart41
ment as to the wants and conditions of the Osage tr ib e .
However, the
Quakers as a so c ie ty had been c a re fu lly r.ntching Osage le g is la t iv e m atters.
The Washington Committee of the Associated Executive Committee of Friends
on Indian. A ffairs had been already p revailin g upon the a u th o rities a t
Washington, who were most in te r e ste d , to provide immediately for the removal
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of the Osages from Ears as because of 'the encroachment of the w hite se ttle r s."
On June 12, in response to Hoag’s le t t e r , Gibson n o tifie d Alexander
t?
Bayett to come to the agency.
Beyett .arrived on the 3ame afternoon.
Gibson
requested him. "to look" a fte r the Osages while he was gone "to Lawrence &
perhaps Washington—” Pour days la te r , in the Superintendent’s o f f ic e , Hoag
59Globe, 41 Cong. 2 s e s s ., P t. Y, pp. 4202, 4204f, 4222.
4°Ib id . , pp. 4322, 4604.
41.
Hoag no Gibson, June 8, 1870, in Gibson Papers. A copy of the
same le t t e r may be found in Eeosho P ile 1370, EI4S5, I OR, HA.
~ Friends Heview,
S C E II
(1869-70), 685.
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)
again proposed to Gibson th a t he go to Washington to attend to Osage
business and gave him §150.00 to use as expense money.
Gibson supplemented
th is amount with $50.00 front the bank and l e f t Lawrence "at 2 P.M. in the
ram" .
Superintendent Hoag sen t Gibson to Washington without o f f i c i a l
authority.
After Gibson had departed the superintendent wrote to the
Commissioner o f Indian A ffairs that he had advised Gibson to report to the
O ffice of Indian A ffa ir s, because he deemed the Osage matters then before
44
Congress o f such importance as to j u s t if y the steps he had taken.
The superintendent fo r public schools in Kansas apparently m s
ever watchful of the Kansas public school in te r e st.
He wrote to Congress­
man Clarke that the General Land O ffice had n o tified the Secretary o f the
In terio r that i t m s the opinion o f that o ffic e that Indian reserves did
not co n stitu te
public domain when the Indian t i t l e m s extinguished.
In
consequence of th is opinion, Doctor McYicar wanted Clarke to see that the
proposed Osage removal b i l l was very s p e c ific r e la tiv e to the land Kansas
should receive for public school purposes*
The three sp ecia l suggestions
which the doctor submitted fo r Clarke’s consideration were?
to reserve
sectio n s six tee n and t h ir t y - s ix to Kansas fo r public school purposes; to .
secure equivalents in lie u thereof i f these section s had been previously
disposed o f; to secure said equivalents w ithin the bounds of the Osage re45
serve.
Agent Gibson arrived in Washington at 6 a.m. on June 27, having
■^Gibson’s Diary, 1870, June 12, 16.
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Hoag to Parker, June 16, 1870, in Neosho F ile 1870, H1174, I OR,
m.
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June 10, 1870, Clarke Papers.
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gone by h is old home in Iowa and by Philadelphia.
He c a lled on Dr* William
Hicholson, -fee traveling secretary o f the Associated Executive Committee
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of Friends on Indian A ffa ir s, Congressman Sidney Clarke, Senator Janes
Harlan, Commissioner of Indian A ffairs Parker, and others on his f i r s t day
in Washington*
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The agent reported a t once to h is superintendent upon past accomplish­
ments and prospects for the future*
He sta ted th at Doctor Hicholson had
been doing good work and that i t was through him and the Globe that he had
4 .7
learned the statu s of the Osage le g is la t io n then before Congress.and M errill night be recon ciled , reported Gibson.
senators were a lso eager to remove the Osages.
Clarke and the Kansas
However, th e ir reasons were
d iffe r e n t from those held by the agent for the removal of the Osages.
th e c lo se of the f i r s t day in Tfashingtom Gibson m s very o p tim istic.
the prospective terms of the Osage removal b i l l ho wrote*
a compulsory removal cannot pass the Senate;
Harlan
At
On
"I am s a tis fie d
hence the Osages can in some
measure d ic ta te the terms-—I b e lie v e I have the in sid e track & intend to
use i t . ”^
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Gibson did not go to Washington to l e t grass grow under h is f e e t .
His diary reveals an unusual amount o f a c t iv it y on behalf of the Osages.
On h is second cay in Washington, he again ca lled on Parker, and on Vincent
Colyer, M orrill, Howell, Pomeroy, and Boss—the la s t three "to some s a t is ­
fa c tio n —" On the tw enty-ninth, the d ia r is t says he had a long ta lk with
^G ibson’s Diary, 1370, June 27.
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Agent Gibson had been a house guest of John B. Garrett, who liv ed
in Germantown, Pennsylvania, th e Saturday before he arrived in Washington
on Monday. Gibson says that w hile in Garrett’s home, he read ex ten siv ely
on Osage a ffa ir s frctm the Globe. (Gibson’s Diary, 1870, June 25).
^Gibson to Hoag, June 27, 1870, in IMF, GAOL 1869-1870, IQR, HA.
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Sidney Clarke and on July 1, "Gave S en ..M orrillm y new S ec., [tio n ] to
B i l l —he approved i t — con». Com.« [Conference Coamittee^-"'-et a t 2 but ■
could n o t. agree—Spoke Cto[] Harlan about i t —met with K illp atrick & Grantham
■ I am discourged—” However* on the f i f t h , a f . a
of the In terio r,h e stated th at he f e lt .b e t t e r .
ta lk with C«x, Secretary
On the six th the Commissioner
of Indian A ffa irs and Gibson met with the Secretary of the In terior and
discussed the removal o f the Osage's and the procuring c f land fo r them on
the Caney "River in the Cherokee" nation.
At th is conference the Secretary
of the In terio r suggested that Parker and Gibson interview t i e Cherokee
d elegates then in Washington about procuring land on t ie Caney River fo r
the Osages.
On th is important point Gibson noted in h is diary the next
day (July 7) "with Comr.. & B e l., of ch er.. about osages having lands Bast
of 96 on l i t t l e Cana i s desired, sa tisfa cto ry —”
Further le g is la t iv e progress was made on the eighth when Gibson
recorded a great v icto ry over Congressman Clarke o f Kansas.
He went "to
see S. Clarke a t h is room U". S. Hotel—said he had receded & give up every­
th in g & would submit to what the In d s.. &. I wanted—they might have a l l the
proceeds—”49
Gibsonfs diary not only .reveals h is f i d e l i t y to the Osage Indians,
but the extreme a ssid u ity with which he worked and the methods that he re­
sorted to in order to a tta in favorable resu lts fo r them.
Energetic,
personal contacts seem to have been the key to h is su ccess.
On July, 11* he
ca lled a t the home o f Sargent of California* chairman of the House Appropria­
tio n Committee, to interview him about the Osage b i l l .
conference, C-ibson jo tted in h is diary "favorable".
As a r esu lt of th is
At the ca p ito l th at
^ C la rk e’s b i l l o f January '28. did not give the Osages the proceeds
of th e ir land s a le s . They were to get only a stip u lated sum. (See p. 163).
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same day as he watched the House proceedings, he wrote Sargent notes on the
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amendments and further promoted the Osage cause by talk in g to Senator Harlan.
Congressman Dawes o f the House Appropriation Committee introduced
(July 14) House Resolution Ho. 2413 as a su b stitu te for Senate B i ll Ho.
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529. ~ Dawes stated th a t House Resolution Ho. 2413 had been framed by the
Appropriations Committee a fte r the two Conference Committees had had ton
or tw elve laborious session s -without being able to agree.
Dawes f e l t that
he -mas ju stifie d in o fferin g a new b i l l , because, as he saw the situ a tio n ,
Congress was faced with two a lte r n a tiv e s, war or peace.
To adjourn -without
discharging the r e sp o n sib ility , would mean that Congress would be called
back by a proclamation from the President to do the very thing that they
had fa ile d to do.
The Dawes b i l l , or House Resolution Ho. 2413, provided
a lump sun of f iv e m illio n dollars fo r the en tire Indian service and
authorized the President to use i t as he saw f i t to maintain peace, pay
an n u ities, and to promote Indian c iv iliz a t io n .
By th is blanket appropriation
with i t s discretionary disbursement l e f t to the President, Congressman Dawes
reasoned that an Indian war could be averted w h ile the stand of the House—
no r a tific a tio n of certa in Indian tr e a tie s —would be maintained by virtue of
th e fa c t that no s p e c ific appropriations had been voted to carry them into
execution.
C learly, t h is move by the House was an attempt to save i t s fa ce.
I t was simply an attempt to pass the r e sp o n sib ility to the Senate fo r any
'Indian trouble that might occur in the future as a resu lt of the n o n -r a tifi­
cation of certain Indian tr e a tie s .
I t was an e ffo r t to avoid a frank and
■^Gibson’s Diary, 1870.
51 *
. In w i l l be recalled th a t the substance of Senate B ill Ho. 529
was incorporated by the Senave in the general Indian appropriation b i l l (H.
R. Ho. 1169) on June 8 . (See p.ISO)*
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open approval of the Indian, tr ea ty system by making s p e c ific appropriations
fo r certain Indian t r e a tie s .
The Dawes b i l l passed the House on the day
on which, i t was introduced. 52
The Dawes resolu tion was c le a r ly a su b stitu tion by the House for
the general Indian appropriation b i l l , because the Senate had amended i t
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so as to provide s p e c ific appropriations fo r certain Indian t r e a tie s .
The
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commission wore the tr e a tie s upon which th e conference committee could never
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agree th a t a s p e c ific appropriation should be made providing fo r th e ir
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execution.
However, when the Dawes resolu tion reached the Senate that body de­
cided bold ly to face the issu e—the issu e of honorably liv in g up to the
Indian trea ty o b lig a tio n s.
The Senate viewed as I lle g a l the blanket appro­
p riation for the en tire Indian service in the United States as proposed in
the Dawes resolution .
should be sp e c ifie d .
I t contended that the d istrib u tio n of the appropriation
Moreover, i t was of the opinion that fo r the United
S tates Government not to provide fo r the ten Indian tr e a tie s which had been
made in pursuance of an act of Congress would be to break fa ith with the
Indians and to depart from-a p o licy as old as the government.
Upon th is lo g ic
the Senate decided to stand by the duly executed Indian tr e a tie s as
supreme law of the land.
This the
the
Senate did by su b stitu tin g House Resolution
Ho. 1169, which had already passed the Senate on June 8, fo r House Resolution
Ho. 2431, which was the Dawes b ill*
The su b stitu tio n by the Senate was a
52Globe, 41 Cong. 2 s e s s ., F t. Y, pp. 5606, 5610.
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SSlhis sp e cia l peace commission had been sent out from Washington
by authority of an act of Congress, April 10, 1868 to make these t r e a tie s .
For the report se e H. Ex. Doc. Ho. 97, 40 Cong. 2 s e s s ., XI (1337).
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piece-m eal a ffa ir .
F ir s t, the contents of House Resolution Ho. 1169 were
sub stitu ted for House Resolution Ho. 2413.
Later the same day, the
orig in a l t i t l e of House Resolution Ho. 1169 was substitu ted for the t i t l e
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of the Dawes resolu tion .
Hie fourteenth must have been a stormy day for Indian trea ty rights
in. the Senate, because Gibson noted th at when the Dawes resolu tion reached
the Senate, " iforriil, frtm b ell, Davis spoke strongly for t h e ir righ ts t i l l
2 in the morning—I spoke to Harlan in the Sung & encouraged them to do
something fo r the osages".
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After the Senate had reaffirmed i t s former stand on the Indian
trea ty obligations by completely su b stitu tin g House Resolution Ho. 1169
which the Senate had already approved, for House Resolution Ho. 2413, -the
old b i l l was sent back to the House with the r e s u lt th at the resp o n sib ility
for an Indian war, or Indian trea ty v io la tio n s again rested with the House.
The next day (July 15), the House receded from the p o sitio n which i t had
so o b stin ately maintained and accepted the Senate’s su b stitu tio n with the
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minor alteration s which had been recommended by the conferees.
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Agent Gibson wrote a b r ie f but graphic description of the passage
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of the b i l l providing fo r the removal of the Osages and the adjournment of
Congress on July 15, 1870i
"to the c a p itc l—ccn .ccn .» [Conference Committee)
again a p td ..--th ey agreed on r e p t ..—passed both Houses about as Senate &
m yself wanted i t —Such a tumult & Eedlam I never saw before—adjd.
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a t 5 F. M.—"
Sine die
^G lobe, 41 Cong. 2 s e s s ., P t. VI, pp. 5583-85, 5589, 5625.
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Gibson’s D iaiy, 1870.
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Globe, 41 Cong. 2 s e s s ., ? t . VI, pp. 5583-85, 5589, 5625.
Gibson’s Diary, 1870, July 15.
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The section s of th e general Indian appropriation act which per­
tained to the removal of the Osages from Kansas and th e ir establishment
in Indian Territory ares
Sec. 12. And be i t further enacted, That when­
ever the Great and L it tle Osage Indians sh a ll agree
th ereto, in such manner as the President sh a ll pre­
scrib e, i t sh a ll be the duty of the President to re­
move said Indians from the State of Kansas to lands
provided or to be provided fo r 'them for a permanent
home in the Indian Territory, to c o n sist of a tra ct
of land in compact form equal in quantity to one
hundred and s ix t y acres fo r each member of said tr ib e ,
or such part thereof as said Indian may d esire , to
be paid fo r out o f the proceeds of the sa les o f th e ir
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 Indian during the f i r s t year, there i s hereby
appropriated out o f the treasury, out of any money
not otherwise appropriated, to be expended under the
d irectio n of the Secretary of th e In terio r, th e sum
of f i f t y thousand d o lla r s, to be reimbursed to the
United States from the proceeds of the s a le of the
lands of the said Indian in Kansas, including the
tru st lands north o f th e ir present diminished reserva­
tio n , which lands sh a ll be open to settlem ent a fte r
survey, excepting the sixteen th and th ir ty -s ix th sectio n ,
which sh a ll be reserved to the State o f Kansas fo r
school purposes, and s h a ll be sold to actu al s e tt le r s
only, said s e tt le r s being heads o f fa m ilie s, or over
twenty-one years of age, in q uantities not exceeding
one hundred and s ix t y acres, in square form, to each
s e t t le r , at the price o f one d o lla r and tw enty-five
cents per aerej payment to be made in cash w ithin one
year from date of settlem ent or of the passage of th is
a ctj and the CTnited S ta te s, in consideration of the
relinquishment by said Indians of th e ir lands in Kansas,
sh a ll pay annually in te r e st on the amount of money
received as proceeds of sa le of said lands, at the rate
of f iv e per centum, to be expended by the President
fo r the b en efit of said Indians, in such manner as he
may deem proper. And fo r th is purpose an accurate
account sh a ll be kept by the Secretary of The In terior
of the money received as proceeds of s a le , and the
aggregate amount received prior, to the f i r s t day of
November of each year sh a ll be .the amount upon which
the payment of in te r e st sh a ll be based. The proceeds
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188
of s a le of said lands sh a ll he carried to the cred it
of said Indians on the hooks of the treasury, and sh a ll
bear in te r e st at the rate of f ir e per cent, per annums
Provided, That the diminished reserve of said Indians
in Kansas sh a ll be surveyed under the d irection o f the
Secretary of the Interior as other public lands are
surveyed, as soon as the consent o f said Indians is
obtained as above provided, the expense of said survey
to be paid from the proceeds of sale of said lands.
Sec. 13. And be i t further enacted, that there
be, and i s hereby, appropriated out of any money in the
treasury not otherwise appropriated, as compensation to
Osages fo r the stock and farming u te n sils which the
United States agreed to furnish then by the second
a r t ic le of the trea ty of January eleven , eighteen hundred
and th irty -n in e, and which were only in part furnished,
t wenty thousand d ollars 3 and as compensation fo r the
saw and g r is t m ills which the United S tates agreed by
said trea ty to maintain fo r them f if t e e n years, and which
were only maintained fiv e years, ten thousand d ollars j
which sums sh a ll be expended under the d irection of the
Secretary of the In terio r, in the follow in g manner:
twelve thousand d ollars in erecting agency b u ild in gs, a
warehouse, and blacksmith*s dw ellings, and a blacksmith
shop, and the remaining eighteen thousand d ollars in the
erection of a school house and church, and a saw and
g r is t m ill a t th e ir new home in the Indian T erritory. 0
The credit fo r the fin a l le g is la t iv e v icto ry , so fa r as the Osages
were concerned, was ascribed by Gibson to President Grant.
In reporting
to h is superintendent, Gibson wrote, "If the Pres..had not come to our
help the whole thing would have been lo s t —".
Unfortunately the agent's
le t t e r does not sta te s p e c ific a lly what President Grant did that merited so
much c r e d it.
I t may have been that the President threatened to c a ll an
extra session o f Congress for Gibson's le t t e r sta tes th a t, "The members did
not want an Extra Session, hence they receded at the la s t extremity &
approved they hardly Knew what—I t was a l l done by S to r m ....."
®^16 S tat. L», 3S2f 3 Sen. 2G.sc. Doc. 5b. 137, 42 Cong. 2 c e s s .,
II (1482), I 3 Kappler, Indian A ffa ir s, 17," 948?7 Barney, Laws Relating
to Osages, pp. 1 2f.
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The agent was modest but not unmindful of
had played in the h isto r ic drama.
the important part he
He merely stated that the e f fe c t of h is
labor and h is description of Osage conditions ”did such to in te n sify 'the
fee lin g s of our friends & th e ir wrongs repeated by one from the f ie ld in
the ears of Senators & Rep*, cer ta in ly had i t s proper weight—”
to h is trip to Washington he r e fle c te d , "I regard i t
as
In regard
a Providence & ny
coming was at the right time too—w But oven the ju icy fr u it of a great
le g is la tiv e v icto ry did not cause the Quaker Heoshc Indian Agent to forget
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to humbly empress liis gratitude to what ho termed a m erciful God* With.
h is ch aracteristic reverence he concluded h is report
by
thankful, indeed wo can w ell
Him who haspromised
regard our help a3 from
59
to be the protector of the treat 5- oppressed.”
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having been absent about two months.
;
with h is charge/d’a ffa ir e s , Alexander Eeyett.
Gibson arrived from Washington a t the Ileosho Agency on August 13,
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11 L J ' n ' """ 1
lie had spent the night of the tw elfth
The agent’s expenses to and
'■ , - Jir_ l 111 ■ 1...................
from 7/ashingtcn, including h is board and lodging, were $168.90.
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The price which the Osages were to receive for th e ir land in Kansas,
according to the act of duly 15, was not the r e s u lt, in fin a l an alysis, of
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I t uns simply the honorable fu lfillm e n t of a solemn treaty obligation for
which the name. Lot II. M errill, should long be revered by the Osages.
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from Kansas, i t disposed, provided the Osages should accept the b i l l , of
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OAOL 1869-1870, IOR, m .
Gibson’s Diary, 1870, August 13; Gibson to Parker, Sent. 2d,
1870, in Beosho F ile 1870, E24S5, IOR, HI.
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a vexing question.* nhich, fo r years* had been a disturbing and corrupting
element in the p o lit ic a l and railroad h isto ry o f Kansas.
Shis b ill* i t
might be correctly observed, also provided for another step in the long
h isto ry of American wostraard expansion.
Nationalism or economic imperialism
had ne?rr le g a llv arnrooriated more Indian land.
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CHAPTER VII
REMOVAL COtniCIL ERBLIJSDaBIBS
A short time preceding President Grant’s withdrawal o f the
Sturgess Treaty* Agent Gibson, apparently had despaired of th e removal of
the Osages from Kansas "by trea ty and had suggested an in te r e stin g altern a­
t iv e , provided -the Sturgess Treaty should be rejected .
The agent probably
had grown a b it impatient from the in atten tion and long delay o f the
Senate in acting upon Osage m atters.
He was a lso vexed because of the
intruder controversy then raging on the Osage reserve.
Early in January,
1870, he suggested to h is superintendent a scheme whereby he thought the
scandal connected with th e Sturgess Treaty could be averted, and h o s t i l i t i e s
between the 0sagQ3 and the whits s e ttle r s brought to a su ccessfu l c lo se .
Gibson’s conception of a so lu tio n fo r the Osage-intruder situ a tio n was the
commencement of new d irect negotiations!'.
According to the agent’s pro­
posed plan, th is would have involved the sending to Washington of an Osage
delegation con sistin g of seven Osage c h ie fs , one from each band, to dispose
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of th e ir land in Kansas and to buy a new home in Indian T erritory. Gibson’s
suggestion of new negotiations as a p ossib le so lu tio n fo r the Osage-intruder
d if f ic u lt y f e l l on fa llo w ground, for nothing ever came of h is w ell-intended
gesture.
Fortunately, fo r Gibson’s id ea, the Osages were not content with
^•Gibson to Hoag, Jan. 8, 1870, in ITJ2P, QAOL 13SS-I870, IOR, HA.
For the meaning of symbols see L ist of Symbols*
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th e ir unhappy surroundings# and they# too# suggested new negotiations
looking toward a so lu tio n of th e ir troubles.
The f i r s t week in March the
Osages held a council a t which they considered th e ir various grievances
and a p o ssib le mode for obtaining redress.
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The d iffic u ltu e s that con­
fronted them were o f so serious a character that they unanimously decided
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that the immediate a tten tion of the Great Father was necessary in order to
e f fe c t a proper so lu tio n .
Therefore# th e Osages in coun cil proposed sending
a delegation to Washington to see the Great Father# because they had endured
th e ir grievance as long as they could# and they wanted to learn from, him
personally why i t was that they had been so long neglected.
In discussing the proposal of sending a delegation to Washington#
the Osages to ld th eir agent# among other things# that they wanted to talk
with th e ir Great Father upon several to p ic s .
They wanted to make a new
trea ty disposing of th e ir land in Kansas and providing f o r a new home# or
providing for the removal o f the white s e tt le r s from th e ir land# so that
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they could plant 'their crops.
They also wanted to c o lle c t th e money due
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them under former t r e a tie s .
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Washington by saying the Great Father had in vited them to Washington three
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or four years before# and they were now ready to go; th at they had never
They ju s tifie d th e ir urgent request to v i s i t
before requested such lib e r ty ; th at none of the Osages then liv in g had ever
been to the ca p ita l; that they had been loyal to th e government# and had
fought against the plains Indians; that they had never fought the m i t e people,
but instead had undergone a l o t of bad treatment from them# because they
did not want to offend the Great Father; and that i f the Great Father wanted
them to become enlightened# they wanted to hear him say s o .
Agent Gibson referred the above request of the Osage council with
the reasons they advanced to the Commissioner o f Indian A ffa irs with a rec-
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Courtesy IJaine H istorical Society,
Senator Lot II. K orrill o f ifeine
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onaendation that i t be granted and added th at the proposition had originated
among the Osages them selves, as he had never discussed the subject vi th
them.^
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Commissioner Parker did n ot look upon the request and th e recommen­
dation with favor.
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When he transmitted than to the Secretary o f the In#
te r io r , he wrote that “nothing could or would be effected were a delegation
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allowed to come here
* However- the earnest request of the Osages did
not f a l l upon deaf ears.
Ordinarily the Department of the In terio r was
opposed to Indian delegations v is it in g Washington.
Bat in th is particular
instance Secretary Cox wrote to t i e Conmissioner o f Indian A ffairs*
I am, in the case of the Osages* in clin ed to grant
th eir request. They have certain ly been imposed upon
and cru elly wronged by the s e ttle r s in Kansas* and I
suggest th at agent Gibson be instructed to bring to
Washington such delegation of the Osages &s they may
sele ct* ' in order th a t the Department may hear from _them
the sto ry o f th eir wrongs* and may take action with a
view to redress them.i
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Three days la te r (April 5) the Commissioner o f Indian A ffairs
n o tifie d Superintendent Hoag to in stru ct Gibson to accompany s i x Osages to
Washington.
The representatives of th e Osages were to be sele cted by the
Osages in cou n cil, and i t was further reauested th a t they be "the most in '
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flu e n tia l Chiefs and Headmen of the trib e ." An in terp reter m s to accompany
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the delegation.
^Gibson to Parker* March 6, 1370* in Heosho P ile 1370, H941, IOS* HA.
^Parker to Cox, March 29, IS 70, MS*, Bop orb Book Ho. 19, (Aug. 24,
1839-Sopt. 9, 1370), p. 276, 102, HA.
“Cox to Commissioner o f Indian A ffa ir s, A pril 2, 1870, in leosho
F ile 1870, 11133, IOR, M .
5Parker to Hoag, A pril S, 1870, in Isaac T. Gibson Papers, a
private c o lle c tio n owned by A. E* and T. S. Gibson, 607 Grandview, Pawhuska,
Oklahoma. Hereafter c ite d as the Gibson Papers.
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According to Gibson’s diary, Superintendent Hoag T isited the Heosho
Agency on Hoy l j for the purpose of making a serai-annual annuity payment*
On the very day that the superintendent arrived, he discussed frith. Gibson
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with h is instructions from the Commissioner of Indian A ffa irs, he encouraged
the Osages to send delegates to Washington to s e l l th e ir land*
On the third
the agent entered in h is diary "councilled a l l P.M. with them on aptg**
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delegation to go to Washington
" On the fourth the superintendent talked
to the Osages about sending delegates to Washington, and on the
f i f t h , the
day that the council ended, the Osages councilled u n til noon, but fa ile d to
come to an agreement respecting a d elegation .
The -writer in fe r s, from
Gibson’s diary, th a t discord in the trib e developed whan the Osages attempted
to s e le c t a new prin cip al c h ie f to take the place of the la te White Hair. .
Tills particular tr ib a l a ffa ir ivas of supreme importance to them and naturally
took precedence over the s e le c tio n o f delegates to go to Washington.
But
the- enmity that was created when a d ecision could not be reached upon a
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successor to White Hair doubtless l e f t the Osages in no mood to s e le c t d ele-
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gates fo r the proposed Washington mission*
When the Osage council broke up on May 5 without se le c tin g a d elegation, Gibson apparently had not accepted the inaction as f in a l-
On the
tw entieth of May he received a le t t e r from the (then) newly re-appointed
governor which was to bring about a great change in Osage history*
I reeeved your L etter in regard to a d e lig a tio n o f our
people of which my S e lf & A. Captain have fa ile d to
a fec t any thing so we had to give i t up and thought
b est to l e t you know th at i t i s the dealer of a l l the
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®Isaac T* Gibson’s Diary, 1870* An unpublished manuscript in the
Gibson Papers. Hereafter c ite d as Gibson’s Diary.
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Head men of our Hation fo r me to •write you and say to
you that they D ezier you to w rite to th e ir Great Father
at Washington that they wish him to send Commissioners
out here to make a tr e a tie with them about the 20th of
august as they expect to make a short hunt & come in
• • «*• X hope • * • • to meet Commxssxoners to make a
tr e a tie with us whin I g it back#
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Governor Joe’s le t te r indicated that the Osages s t i l l could not
agree upon the se le c tio n o f delegates to Washington.
However, the governor
held out the p o s s ib ilit y o f future removal negotiations by requesting that
commissioners be sent to the Osages.
The superintendent reported (June 7) to the Commissioner of Indian
A ffairs on the Osage council* which he had attended in th e previous month
at the Ifeosho Agency*
Acoording to the superintendent’s report, he urged
the Osages to v i s i t the commissioner with a view to disposing of th e ir land
in Kansas and obtaining a new home in Indian T erritory at the e a r lie s t
p ossib le tine*
notwithstanding the fa c t th at th is ob jective was very
desirable and in accord with the commissioner’s request* and although ’the
Osages were much in terested in the idea, the superintendent reported that
the Osages went on the hunt without seleo tin g a delegation .
The superin­
tendent explained th at the fe e lin g in the Osage tr ib e on the subject of
tr e a tie s was such as to prevent any delegation from assuming the resp o n sib ility
of making a trea ty and thus* possibly* incurring th e i l l w ill of the trib e
when the resu lts of th eir a c t should become known*
The superintendent further
reported that he had again v is it e d Agent Gibson on June 4 and found th at he
was of the opinion that the Osages would not return to th e ir Kansas home
a fte r the summer hunt they were then on.
I t m s a lso reported that Gibson
^Joseph “Pie no par she", Gov. Osage Hation, to Gibson, May 20, 1870*
in Hecsko F ile 1870, 11170, IDE, HA. The contents of t h is le t t e r may have
had the approval of Governor Joe but i t is the w riter’s opinion that i t was
neither w ritten nor signed by him*
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19S
wanted to T is it Washington to convey to the o f f ic ia ls important information
as to the best plan to be advanced fo r the Osages*
The Conmissioner of
Indian A ffairs m s cautioned that great care should be exercised in le g is ­
la tin g for the Osages, because he feard, i f “pure ju stice* m s not meted
out to them, they would jo in the h o s tile Indians.
As to Governor Joe’s request that commissioners be sent to the
Osages, the superintendent recommended in h is report, i f i t met the approval
of the department, that a commission be sent to tr e a t with the Osages fo r
the sa le o f th eir land in Kansas and the s e le c tio n of a new home in Indian
Territory*
I t was a lso suggested, in Superintendent Hoag’s report o f June 7S
th a t i f commissioner were sele cted fo r the above named purpose, they should
be representatives o f the government, and not persons who had been connected
in any m y with former Osage tre a ty n eg o tia tio n s, as past m isrepresentations
had made the Osages very susp iciou s.
The superintendent’s report in d icates th at he m s e s p e c ia lly
favorable to the removal o f the Osages at th is p articular tim e, because
§2,500,000 could be obtained fo r the Osage r e se r v e d
the acceptance cf th is
o ffe r would end Osage troubles in Kansas5 aid to the Osages could be b etter
administered on a new reserves
annuities would be greatly increased j various
g
avenues of c iv iliz a tio n would then be open to the Osages.
Governor Joe’s l e t t e r of Hay 20, requesting trea ty commissioners
for
about August 20, was sent to Secretary Cox on June 20. The Commissioner
of Indian A ffa irs, Ely S . Parker, was favorable to the plan of sending
^See Colonel Murphy’s o ffer on p . 158*
%oag to Parker, June 7, 1870, in Neosho P ile
1870,
H1170, ICE,M .
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commissioners to n egotiate with -the Osages and suggested, through, the Acting
Commissioner o f Indian A ffa ir s, th at Secretary Cox "take the necessary
measures” to hold the tr e a ty oouncil in the Osage country.
Commissioner
I
Parker suggested th a t the representatives of th e government he "members of
the P r e sid e n ts Sp ecial Ind [j ian^ Commission.""^
The Secretary o f the In terio r did not a ct upon the suggestion of
the Commissioner o f Indian A ffa ir s, probably fo r the reason th a t b i l l s were
then pending in Congress which night dispose of the subject at any tim e.
11
However, on July 19, only four days a fte r the general Indian appropriation
act had passed Congress, the Commissioner o f Indian A ffairs wrote to the
Secretary o f the I n te r io r , c a lled h is a tten tio n to the Osage removal pro­
v iso in the Act o f July 15, and again suggested th a t members of the P resi­
dent’s Board o f Indian Commissioners be sen t to the Osage reserve to e f fe c t
the provisions of the a ct of July 1 5 .
Parker further suggested that i f i t
pleased the secretary, members of th e P residen t’s Board of Indian Commission12
ers be instructed upon th e subject.**
Secretary Cox transm itted (July 22) the recommendations of Commissioner
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Parker to Yincent Colyer, secretary of the P resident’s Board of Indian
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Commissioners, and requested him to n o tify the O ffice o f Indian A ffairs at
.
what time i t would be p racticab le fo r them to go to the Osage reserve and
a ct on Parker’s recommendations. 13
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On the evening of July 27, the President’s
^ ca d y , A ct’g Comr. to Cox, June 20, 1570, I S ., Report Book Ho. 19
(Aug. 24, 1869—Sept. 9 , 1870), pp. 407f, IQE, HA.
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^ S e e Chapter Y.
-^Parker to Cox, July IS, 1870, JB», ReportBook Ho. 19,(Aug. 24,
1869—Sept. 9, 1870), pp. 435f, I0R, HA.
T2
*wCox to Colyer, July 22, 1870, MS., Department o f In terior (Letter
Press Book) March 16, 1870—Feb. 3, 1871, pp. 384f, I OR, HA. For a printed
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198
Board of Indian Cancaissioners held a sp e cia l session, in Hew York City a t
■which John V. Farwell, John B. Lang, and Yincent C olyer" were selected as
a committee to repair to th e Osage reserve and there to arrange for the
removal of the Osages to Indian T erritory, provided they desired to accept
15
the congressional h i l l .
This committee was instructed (August 2) on the price to be paid
for the new Osage horns by the Acting Commissioner of Indian A ffairs in these
words:
"the Secretary- of the In terio r d irects me to say to you, that i t is
desired that the price to be given fo r the land sh a ll not exceed f i f t y cents
per acre, and that in making the arrangements with the Cherokeos . . . . to
16
e ffe c t i f p ossib le, the purchase a t a lo ss p r ic e .H
These instructions are
report on the part th at the Board o f Indian Commissioners played in effectin g
the removal of the Osages from Kansas see Report o f the Board of Indian
Commissioners 1870 (Government Printing O ffice, tVaihihgton, 18‘7o) , et passim.
2A
"John Y illie r s Farwell was born in 1825. At nineteen he entered •
Chicago w ith $3.45 to follow a commercial l i f e . By 1855 he was president
of John Y. Farwell and Co., a wholesale dry-goods company. His l i f e m s
dominated by a p u ritan ical moral code and relig io u s fervor. (Burns Malone,
e d ., Dictionary American Biography (Charles Scribner’s Sons; Hew York, 1933),
YI, 295; Some R ecollections of uolm Y. Farwell, A 3rieP Description of His
Early L ife "and* Business Reminiscences (R. S. Donnelley & Sons Company, Chicago,
1911), e t passim) . See picture facing p .199.
John 1 . Lang (1799-1879) of Maine was a Quaker m inister o f the Hew
England Yearly Meeting who began h is tra v els among the western Indians as
early as 1842. (Bayner Wickersham K elsey, Friends And the Indians 1655-1917
(Published by the Associated Executive Committee of"¥rlends On Indian A ffa irs,
Philadelphia, 1917), pp. 147f, 159). See p icture facing p .200.
Yincent Colyer was born In Hew York in 1825. After 1866 he lived in •
Connecticut and served one torsi in the sta te le g isla tu r e . By training he was
an a r t i s t . He was an a ssociate of the National Academy and at one time
curator of Cooper I n s titu te . (H. W. French, Art and A rtists in Connecticut
(Lee and Shepard, Publishers, Boston; Charles T.'T>xllingham,~Sew York, 1679),
pp. 123-125). See picture facing p .201*
■*-5Colyer to Cox, July 28, 1870, in Heosho F ile 1870, C1499, I0R, HA.
Is
°Cady to Lang, Colyer and Farwell, Aug. 2, 1870, I® ., Letter Book
Ho, 95 (April 15, 1870-Aug. 25, 1870), pp. 451f, IOR, HA.
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Seitu^ss'j John ^•'F’arw oll, Jr.
John V. Farwell
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repeated in the report of
the cossaittee, tu t with the addition, "agreeably
to the amended trea ty between-the United States & Cherokee Nation, sh a ll
17
not exceed f i f t y cents per acre
Cady’s in structions of August 2
are appendix C o f the report, but they do ncft contain the reason given by
the committee, or any other reason why the price o f the Cherokee land should
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not exceed f i f t y cents per acre.
Appendix C of the committee's report has
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been compared with Copies which were retained-by the O ffice o f Indian
“
♦
IS
A ffairs and found to be correct.
The relation sh ip of the u n ratified Cherokee Treaty o f 1368 to 'the
prospective price o f the future home of the Osages may be explained, but
not b r ie f ly .
‘When Congress adjourned (July 15, 1870), the Cherokee Treaty
<1
of 18S8 remained u n ra tified .
This treaty.had f o r i t s prime purpose the
sa le of the Cherokee land west of the n in ety -six th meridian.
The day a fte r
Congress had adjourned, the o f f i c i a l Cherokee delegation, which was then
at Washington, p etition ed the President to put a p rice upon th eir land
19
I west o f n in e ty -six as provided in A rticle 16 o f the Cherokee Treaty of 1866.
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The delegation s e t forth in th e ir memorial that circumstances prevented the
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Cherokees from making bargains with the various tr ib e s , as the Cherokee
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Treaty o f 1866 provided, for the:.reason tliat-many’' o f the trib e s had no funds.
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"
As a r e su lt of th is circumstance, the Cherokee Nation had been for four
■^Report of the Committee of the Board of Indian Commissioners,
Jan. 3, 1 3 7 1 /$ S ., In Neosho P ile 1871, C13, IOR, I&.
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•^Cady's instructions may be found in 335», L etter Book No. 96
(April 15, 1870—Aug. 25, 1870), pp. 451f, IOR, ffi; I S ., Correspondence
Land D ivision (Letter Press Book), [ f t . I I ] (May 9—§ept. 2 , 1870), 249f,
IOR, NA.
. ,
1S14 S ta t. L ., 804.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Courtesy Associated Executive
ConEiittee of Friends on Indian. A ffairs
John D* Lang
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200
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years deprived of the in te r e st on the proceeds that the Cherohee land west
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of n in ety -six degress would have produced.
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The unratified 'Cherohee Treaty of 18S8 had been negotiated by
President Andrew Johnson.
O riginally th is trea ty provided that the
Cherokees were to receive §3,500,000 for over 13,000,000 acres of land west
of the ninety-sixth, meridian.
The Cherokee land in Kansas m s included, in
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th is proposed cessiscr.
s
provided th at hue Cherokees wore to code a l l of th e ir land in Kansas except
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This trea ty tms amended on 2&y 14, 1570.
I t then
the Deutral Strip; to cede a l l of th e ir land west of the n in ety -six th merid-
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ian; to surrender th e ir Arkansas claim and a l l of th e ir other claims
!
against the United States f o r '#3,500,000.
On i s y 16 the ch ief of the
Cherokees and the Cherokee delegates proposed some additional asendnsnts
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to th e pending trea ty , but certain ly the price must have met th eir approval,
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because i t was unchanged when Congress adjourned.
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The amended treaty prc-
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vided that 13,231,334 acres of land should be relinquished to the United
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States Government fo r §3,500,000.
According to Commissioner Parker, the
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price per acre as provided in the trea ty was a l i t t l e under twenty-one cen ts.
So with these fa c ts available, when the Cherokee'delegates appealed to the
President (July IS) to price th e ir land west of n in e ty -six , Commissioner
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Parker reported immediately (July 19)s
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per acre be fixed a t 20 cen ts, a s, under a l l the circumstances I deem i t
21
the most fa ir and equitable . ’1
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“I would recommend that the price
The w illin gn ess of the Cherokees to accept such a very low price
20See Cherokee F ile 1S70, D1224, IDE, UA.•
2^?arker to Cox, July 19, 1570, IS . , Report Book JTo. 19 (Aug. 24
-S e c t. 9, 1870), pp. 437fj Parker to Delano, Feb. 16, 1871, I S ., Report
Eook No. 20 (Sept. 10, 1870—Sept. 6, 1371), pp. 212f, IOE, 1®7
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Courtesy Lee and Shepard, Publishers,
Boston, Charles T. Dillingham, ITctt York
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201
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fo r th e ir lead m s evidenced by the u n ratified Cherokee Treaty o f 1868.
Clearly th is trea ty influenced the report of the Commissioner of Indian
A ffairs of July 19, 1870, on the price o f Cherokee land west of n in etys ix and nay have had an influence on the Cady in stru ction s o f August 2.
However,
the p rice to be paid fo r the Cherokee land was evident as ea rly
as July 21, or s ix days a fter the Osage removal b i l l passed Congress.
The
day Jibs on l e f t Washington (July 21) he reported th at he had a f in a l “cordial
parting* with Secretary Cox a t which time he received o r a l in stru ction s
r e la tiv e to the price o f the future home o f the Osages.
! in these words:
He recorded them
“the then Secretary of the In te r io r assured me th at the
Government would not price "the new Qfajje home a t a higher rate than *50pf
per acre and i f th e Osages iould negotiate w ith the Cherokees and obtain
99
i t a t a le s s price th ey could do s o .’1*1'
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With thfe b i l l through Congress providing fo r the removal of the
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Osagesend with oral instructions on the subject Agent
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2 1 ), before leaving Washington to Alexander Beyett and Governor Joe to c a ll
23
the Osages in from th e hunt fo r a council on August 20.
.-On July 22 the"
j
O ffice of Indian-Affairs also began plans to .ca rry in to execution the objects
of the b i l l providing fo r the removal of the Osages.
Gibson wrote (July
The Acting Commissioner
i
of Indian A ffairs sent Superintendent Hoag of the Central Superintendency
these in stru ctio n s:
You w ill in stru ct Agent Gibson to return a t once
to h is agency . . . . . He w ill use h is cost endeavors to
obtain the acquiescence of the Osages to t h is measure
and assure them the Government w ill do a l l in i t s power
^G ibson’s Diary, 1370;
QAOLs 1373, IOH, HA.
Gibson to Hoag, April 1 , 1873, in IT3S3F,
Gibson’s Diary, 1870.
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to further th e ir in te r e st and. promote th e ir w elfare:
th at i t w ill cause steps to be taken a t an early d ay
fo r the s a le o f th e ir reservation in Kansas, commencing
with the eastern part, and w ill s e l l t i e same fo r
th e ir b en efit a t $1.25 per acre. He w i l l inform, them
that some o f the members o f the President's Board of
Commissi oners w ill meet them in council sometime in
August next to consider th ese matters, but the place
of the meeting of such council must be in the country
to which they are to remove and not upon th e ir reserva­
tio n in Kansas; and fu rth er, th at the Government w ill
sake then presents at that Council.”
Ho further in stru ction s r e la tiv e to the removal of the Osages were
issued u n til August 11.
Cn th a t date the superintendent cf the Central
Superintendence was advised that as the v a lid ity of the a ct providing for
the removal of the Osages depended upon th e ir assen t, i t was v i t a l that
they should understand i t before rendering th e ir d ecision .
However,
pressure p o litic s was a laten t p o s s ib ilit y , as a door was l e f t open fo r
persuasion* .The assent of the Osages was almost a foregone conclusion.
th is point Commissioner Parker wrote:
On
"To what extent the Commissioners
and th e ir co-laborers w ill f e e l warranted in persuading th e Indians to give
th is required assent must be determined by the s ta te of things they may
25
fin d surrounding th en .1*
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On August 11 the Commissioner o f Indian A ffairs again instructed
idle committee, which had been selected to n egotiate with the Osages.
Its
members were again admonished to use th eir influence in pricing a new home
for the Osages, not to exceed f i f t y cents per acre.
The Osages were to be
made to understand the b i l l , i f p o ssib le , and th e ir decision was to "be
2^Cady to Hoag, July 22, 1870, I S ., Letter Book Ho. 96, (April 15,
1370—Aug. 25, 1870), p*. 428, I0R, HA; '13C,tJ in Gibson Papers.
2®Parker to Hoag, Aug, 11, 1870, I S ., Letter Book Ho. 97 (Aug.
A, 1870-Dec. 30, 1870), p. 37; "C", in GiEsoa Papers.
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203
voluntary and unbiased.n The committee was advised that regardless of the
seat o f the council, the Cherokee comd.ssion.ers were expected to he there
for the purpose of arranging th e ir asm t e r n with the Osages*
I f no agree­
ment could he reached between the Cherokees and the Osages, the course
25
provided in the Cherokee Treaty of 1866 would he followed.
I t seems that the O ffice of Indian A ffairs was not cognizant of
the governments prior duty and ob ligation to the Osages when i t instructed
the committee that the Cherokees and Osages were to try to agree among
themselves upon the price to he paid for Cherokee land in Indian Territory
west of n in e ty -six .
While i t i s t r ie th is procedure was in accord with
A rticle 16 of the Cherokee Treaty of 1865, i t most certa in ly was not in
accord with A rticle IS of the Osage Treaty of 18S5, which provided that
i f the Osages should agree to leave Kansas, they were to he s e t t le d ”on lands
to he provded fo r them by the United States in the Indian Territory on
such terms as may be agreed on between the United States and the Indian
tribes now residing in said Territory or any o f them
As a further preliminary fo r the council, Agent Gibson was in­
structed to su b sist the Osages during the coun cil.
But fo r the reason that
the Office of Indian A ffairs did not know how many Osages would he present
at idle council, or how long i t would la s t , Gibson was permitted to use h is
4
d iscretio n , but was cautioned to exercise economy both in kind and quantity.
26Appendix D. Parker to Colyer and Lang, Aug. 11, 1870, I S ., Ileosho
F ile 1371, C13, IOE, JEAj I S ., Letter Book Ho. 96 (April 15, 1870—Aug. 25,
1870), p. 494, IOB, HA.
pf?
Charles J. Kappler (Comp.), Indian A ffa irs, Laws and T reaties,
2 e d ., (Government Printing O ffice, Washington,- 1904), I I , 9'47,' 881.
^^Cady to Hoag, Aug. 11, 1870, I S ., L etter Book 2?o. 97 (Aug. 4,
1370-Dec. 30, 1870), p* 30, IOE, M ; “c"r "'in Gibson Papers.
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204
The Secretary of the In terio r made additional preliminary arrange­
ments fo r the removal cou n cil.
He •wrote to the ch ief of the Cherokee Hation
(August 1) and suggested that he name a Cherokee delegation to be presort
and to a s s is t in pricing the land that was to be s e t aside for the Osages.
The Cherokee c h ie f replied (August 5):
I have the honor of naming the Delegation now
authorised to represent the Cherokee Hation a t Washington,
to -w it—'Tun.. ?* Adair, Arch Scraper, J. P. Davis, Sam el
Smith and C. IT* Vann, or so many of them as may be able
to attend and to ooopsrate w ith them Judge George Scraper
and Hon. F.obin Smith, and John Chambers, the f i r s t of the
supreme Bench and the other two members R espectively of
the Senate and Council of the Cherokee Nation—I would be
pleased to have you n o tify Superintendent Enoch Hoag of
th eir appointment.29
In conformity to the request of the Cherokee c h ie f, Superintendent
Hoag was n o tifie d (August 6 )that Cherokee commissioners would be present a t
the proposed cou n cil.
A copy of th is le t t e r was a lso relayed to Gibson fo r
30
h is o f f ic ia l information.
From the instructions of July 22, i t seems th at the O ffice of
Indian A ffairs planned to hold the council in the Cherokee country.
But on
August 11, th is plan was abandoned because o f opposition. 31 As to where
the council should be f in a lly h eld , the Commissioner of Indian A ffairs wrote
nI t -sms not the in ten tion of the Department t o leave no altern ative for the
Indians as to where the council should be held , but simply to express the
^Derailing to Cox, Aug. 5 , 1370 in Cherokee F ile 1870, D14S3, ICE,
HA; ib id ., in Printed Records of the Court of Claims Ho. 258, p. 611.
Steady to Hoag, Aug. 6, 1870, in Gibson Papers.
31ihe report of the committee which was sent out by the President’s
Board of Indian Commissioners sta te s that V incest.C olyer objected to the
Cherokee country being designated as the place to hold the proposed council
on removal fo r th e reason that su.ch designation or in stru ction inferred that
the Osages would agree to the b ill*
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205
opinion and b e lie f of the Department th at the Indians themselves would de­
s ir e to meet in the country they wish fo r th e ir new home, so that the
Commissioners might see and report upon i t s natural advantages."''
Agent Gibson began to make arrangements for the council soon a fte r
h is return from tlashington on August IS.
His diary fo r the week following
th is date rev ea ls, in in ter estin g d e t a il, the steps he took to prepare
fo r the co u n cil.
On the f ifte e n th , he c a lle d cn Alexander S eyett, who
was in charge of Osage a ffa ir s during h is absence.
At B eyettTs the coming
council was discussed, and i t was there decided that Eeyett and Augustus
Capta in were to accompany the agent tho next day on a tr ip to the Caney "to
look."
Undoubtedly the proposed trip to the Caney was in conformity to the
instructions of July 22 from the O ffice of Indian A ffa ir s,
"Tou w ill in stru ct Agent C-ibson to return a t
They ran ‘thus:
onooto h is agency, and as
soon th ereafter as practicable proceed to the Cherokee country, and there
s e le c t and mark out the country to which I t is intended to remove the Osages,
and to make such preparation as may be r eq u isite for the establishment of
S3
these Indians comfortable in th e ir new homes . . . . . "
Tihea the superintendent
relayed these instructions to Gibson on August 4 , he advised him to "proceed
at once to carry out the in stru ction s of the Acting Com m issioner....."
34
Early on Tuesday, August 16, Gibson met Beyett and Captain in
Independence, where they ,rb o t.. grub. •• .then Started South west fo r Cana &
the new hoae fo r the 0sage 3—crossed onion creek ....d ow n in to eherokee Ter . .
^Parker to Hoag, Aug. 11, 1870, MS., Letter Book lb . 97 (Aug* 4 ,
1870-Dec. 30, 1870), p . 30, I0E, SAj "C", in Gibson Papers.
^C-ady to Hoag, July 22, 1870, I S . , L etter Book Ho. 96
1870—Aug. 25, 1870), p. 428, I0R, M .
(April 15,
34Eoag to Gibson, Aug. 4 , 1870, in Gibson Papers.
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s
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206
3 It. & camped--" Wednesday.the party met seme Osages a t Eoger’s place .and.
Thursday the eighteenth, Gibson and h is party arrived a t L. Chouteau’s 35
at G illstraps crossin g, on Caney*
This b eau tifu l landscape seemingly im­
pressed Gibson, for he Jotted in h is diary the entry, “b est Council ground
seen . . . . good point fo r Agenty—fin e m te r land &o. F r o m th is place
Gibson and h is Osage companions started back to th e ir Kansas home, where
56
they arrived on the nineteenth.
On the follow ing day Gibson reported to h is superintendent, “I
have selected the Council Ground a t G illstraps crossing on Cana, about 35
m iles from Parker,
which I b elieve th e Osages -will generally approve—
- Agent Gibson’s preliminary arrangements ■were made none too soon.
On the day th at he reported to h is superintendent (Saturday, the tw en tieth ),
he "wrote in h is diary, "After dark Supt. Hoag & Corns. John D. Lang, J. V.
F arrell & 7 . Colyer came to Dunlaps—Supt. case up & Staid with us—"
Upon the arrival o f the committee, Gibson informed them that the
Osages were on the plains buffalo hunting, but th at he had, two days before,
*
sent runners to n o tify the ch iefs to come to the agency.
The First-Day was devoted to several relig io u s meetings, but on
35”Chotcau’s S to r e ....o n e m ile (200 rods} west of 96 & about 12
m iles below the junction of the l i t t l e or East Cana with the Big or West
Cana & 22 m iles below Kansas Line"'. (Dr. William Hicholscn’s Diary, 1870,
Ho t . 8 , IS*, in 123D, USES. Alao printed under the t i t l e , "A Tour of Indian
Agencies~ma Kansas and the-Indian Territory, in IS70", in Kansas H isto rica l
Quarterly, III (Aug. 1934), 3 1 8 f).
Gibson Diary, 1870, August 16—19. See map facin g p .203. '
•ajy
'A ghost town which" was about three m iles south and ea st of
C o ffey v ille, Kansas.
wo
*
t5'-'Gibson to Hoag, Aug. 20, 1870, in ITHF, GAOL 1369-1870, I0S,
m.
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207
August 22 (Monday) the d ia r is t again noted?
"To mtg*. of
breeds a t A le x ..
£ ander B eyett’s^ to ta lk over the B i l l & other n a tters—p retty sa tisfa cto ry
with the ^ breeds but mixed up with th e s e tt le r s a t the la s t w ith old &
new troubles—Br. Campbell there & exposed h is imprudence—home—had con­
troversy about council 4 c . . ’*
Since there were only a few half-bloods present with Thorn, to nego­
t i a t e , i t was necessary to s e t another date fo r the council which had been
scheduled fo r the tw en tieth .
On the tw enty-third, the committee s e t the
twenty-ninth as council day, and according to the wishes of the Osages and
th e ir c h ie fs, designated a new place fo r holding i t .
to be held a t the agency on Brum Creek.
The council was now
A fter providing fo r the council by
arranging fo r "5 b e e f{s ff, the committee, th e agent, and the superintendent
hired teams and s e t out to inspect the proposed new Osage reserve west of
the n in ety -six th meridian in the Cherokee Nation.
Apparently, the course
of the tour which Gibson and h is two Osage companions had made a few days
before m s retraced.
were again v is it e d .
The places of Chouteau, G illstra p , and Judge Rogers
On th is second tour, the inspection party rode in to the
proposed new reserve fo r fo r ty -fiv e m iles and made a wide detour returning ’
on August 29 to the agency in Kansas.
The committee, which was a part o f the in sp ection party, made a
most favorable report on the land along the Caney.
They found on the pro­
posed new Osage reserve a few Osages, some Delawares, who thought they were
ea st o f n in e ty -six , and about three hundred white s e t t l e r s .
The report sta te s
th a t as no one could be found in th e region v is it e d by the in sp ection party
who knew exactly where the n in ety -six th meridian ran, a surveyor m s hired
39
by Superintendent Hoag, a t E rm isville - on August 25* The surveyor m s to
39a ghost town which m s then located ju st .south of the north lin e
of Indian Territory opposite the present town o f Caney, Kansas. See Ho. 3,
on map facing p . 208*
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NOTE TO USERS
Oversize maps and charts are microfilmed in sections in the
following manner:
LEFT TO RIGHT, TOP TO BOTTOM, WITH SMALL
OVERLAPS
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UMI*
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208
run the n in ety-sixth meridian immediately and report to the committee*^®
The 3urvey o f the n in ety -six th meridian seems to have been f i r s t
proposed by Gibson on August 20.
He suggested that w hile the Osages were
away on a hunt and probably would not return fo r a week or more, the time
be used in locatin g the meridian. 41
U ltim ately, arrangements for the
survey came about while the 3econd inspection party was encamped at Ennisv i l l o on i t s return from a tour of the Caney v a lle y .
August 25 (Thursday)
Gibson wrote in his d iary, "Ehgd.. man to have 96# lin e Surveyed by Judge
Underwood of Wilson Co**"
A* H. Perry of G ilford, Wilson County,
42
who Gibson thought was a
competent surveyor, was sele cted to run' the lin e of the n in ety -six th ,
"commencing at a point on the Surveyed lands of the S tate of Kansas where
said lin e had been proporly & o f f i c i a ll y estab lish ed , then prooede South­
ward to the Arkansas River, & so mark said lin e th at the Osages could have
a oorrsot knowledge of the Eastern boundary of th eir country—M
I t appears in Gibson’s le t t e r Just quoted th at the cred it for
arranging for the survey of the n in ety-sixth meridian very d e fin ite ly belongs
to him.
He wrote that he was of the opinion that the le t te r of instructions
of July 22 "to make such preparations as may be requisite" for the removal
of the Osages m s s u ffic ie n t authority fo r him to have the lin e ran*
However,
he added that he m s advised by the superintendent and the committee and
^Gibson Diary, 1870, Aug. 20-27j Report of the Committee of Board
of Indian Commissioners, Jan. 3, 1871, MS*, in Hoosho F ile 1871, C13, IOR,
HA? Sen. Ex. Poo* Ho. 39, 41 Cong* 3 s e s s ., 1 (1440), 17-21, Appendix pp*
2-6,"“72*.“ ”
41
•
'
Gibson to Hoag, Aug. 20, 1870, in ITKF, CA0L 1869-1870, I0H HA.
9
42
<r
Perry was county surveyor for Tfilson County frcm 13G7 to 1869.
( L'f. f • Rogers, HSosho County, and John S. Gilmore, Wilson County J , History
of ^eosho_and w*-Lson Counties Kansas (ih b lis h e r , L. Wallace Duncan, Monitor
P r in tin g Co77 Fort S c o tt, Kansas," 1902), pp. 860f) . .
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209
urged by the Osages to have the lin e run,
j
43
On December 22, Hoag transmitted to the Otffioe of Indian A ffairs
Gibson's le t te r of the sixteen th together 7.1 th perry's contract, p la t, re44
port, vouchers, and f ie ld notes r e la tiv e to the survey of the meridian,
A d ilig e n t search in the records of the O ffice of Indian A ffairs
and the General T-and Office fa ile d to bring to lig h t the above mentioned
contract, p la t, and f ie ld n o tes.
However, from the vouchers -which were
prepared and submitted by Surveyor Perry, i t was revealed that the survey
was begun on August 28 and fin ish ed on September 20.
The Perry lin e ex­
tended from the south lin e of the Osage Trust land in Kansas to the
Arkansas Bivsr in Indian Territory—a distance o f 103 m iles.
The follow ing ta b le o f information was also compiled from the
vouchers submitted by Perry*
(1) 22 days serv ice o f A. H* Perry, surveyor
n w
R
M %n. Sohlegle, chairman
@$2.50
55.00
(3)
w tt
tt
tt
Adon L ily
©§2.50
55.00
(4)
« tt
tt
tt
James Rowe, teamster
and team
@§5.00
110.00
(5)
n «
tt
tt
J. W» Spalding, flagman ©§2.50
55.00
(6)
tt «
H
II George F ritch , axman
@§2.50
55.00
(7)
tt
tt
tt
@§2.50
55.00
tt
tt R. M. Nelson and horse as
messenger and flagman ©§3.50
35.00
(9) 22
!
§132.00
( 2)
M
n
( 8) 10
|
!
I
!
j
:
9 |6 .0 0
,
"
Orlin Taylor, cook
« rations fo r each
66.00 ^
43C-ibson to Parker, Dec. 16, 1870, in Neosho F ile 1870, H1694, IOR,
NAj "C", in Gibson 8a,pers.
4A
Hoag to Parker, Deo. 22, 1870, in Neosho P ile 1870, E1694, IOR, HA.
See also Gibson to Hoag, Dec. 16, 1370, in IB 8F, QAOL 1869-1870, IOR, HA.
45
The Perry vouchers for the surrey o f the n in ety -six th meridian may
be found in ITMF, QAOL 1871, IOR, HA*
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
210
The Ferry claim was examined and allowed by the O ffice o f Indian
A ffa ir s,
46
and th e r eq u isitio n in d icates that the Osages paid fo r the survey,
because i t is marked to be paid from the Osage removal reimbursable fund*
47
The Perry survey was of utmost importance to the n eg o tia tio n s, i f
Superintendent Eoag can be r e lie d upon.
Ee stated that the Osages would
nobs consent to leave th e ir old home in Kansas u n til they were convinced
by the r e su lts of the Perry survey that they would get a part of the Caney
43
v a lle y fo r th e ir new home.
Gibson’s diary reveals that the council with the Osages did not
convene on August 29, the second scheduled d ate, fo r the reason that the
Osages were 3t i l l not in from the hunt*
However, Governor Joe seat in a
runner on the twenty-ninth to say that he would be in the next day*
On the
t h ir t ie t h , the diary reads, "Ind.* Del*, in—nothing done-- |r breeds come
in—but no w ild Osages—discouraging—tt
On the t h ir t y - f ir s t the diary sta te s
th at p r o j e c t s fo r a council seemed b rig h ter, for in the afternoon Governor
Joe and the Big H ills arrived, and Gibson had a ta lk with Governor Joe about
the removal b i l l .
A lso, the L it tle Osages were reported to bo in , and Colctxel
Vann, a Cherokee commissioner, arrived and stated th at ‘d ie Cherokees wanted
"1*$ per acre fo r th e ir land” as a future homo fo r the Osages*
Why the other Cherokee d eleg a tes, except Col. VJ. P* Adair, did not
attend the council is obscure*
A le t t e r from the O ffice of Indian A ffairs
to the Cherokee ch ief dated August SO accounts fo r the absence
of Colonel
^Clum to Gibson, Jan* 7, 1871, in Gibson Papers*
^R equisition. No. 1788, SB., Indian R eq u isition s, Book Ho* 42
(1408-1808), IOR, HA,
4%oag to Parker, May 29, 1371, in Neosho F ile IS71, H446, IOR, HA.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
211
j
Adairi
*1 have to advise you, that W. F« Adair, a member of the Cherokee
d elegation v is it in g th is City the present year, is now here dangerously
49
i l l , and without means to procure the necessary medical atten tion
The c itiz e n s o f Independence in a m ss meeting (August 31) adopted
a preamble and resolutions which were intended to promote the aooeptanoe of
the removal h i l l by the Osage h alf-b lood s.
In the meeting the intruders
deplored the e ffo r ts o f persons who were using t h e ir influence to have the
Osages r e je c t the removal b i l l and resolved that the Osage half-bloods who
had improvements be paid fo r the same eith e r by the h igh est bidder or the
person taking the claim .
They expressed the opinion that the b i l l was
probably b etter than any new tre a ty that could be made and promised to use
a l l proper means to insure future protection from white encroachment in
th e ir new home*®®
The white intruders on the Verdigris River north, o f Independence
________ tr ie d to appease the half-bloods in th at region by fr aming an in t erestin g ____
plan.
They agreed that the half-bloods should have the cash value of a l l
improvements upon th e ir claim s.
A Mixed Claims Committee co n sistin g o f
three Osages and three whites was proposed to f i x the value of Osage property.
I f the Mixed Claims Committee could not agree, then John D. Lang of the
P resident’s Board of Indian Commissioners was to act as an umpire*
In the
event that a half-blood should refuse to accept the d ecision of the Mixed
Claims Committee, the white claimant was to abandon the Osage’s claim.
"raost-favored-person clause” was included in th is unique plan.
A
The Osages
49cady, Acting Commissioner of Indian A ffa irs, to Lewis Downing,
PCCH, Aug. 30, 1870, MS., Letter Book Ho. 97, (Aug. 4 , 1870-Dec. 30, 1870),
pp. 106f, IOR, HA.
^Preamble end Resolutions Passed at Independence, Kansas, Aug. 31,
1870, MS., in Gibson Papers.
I
I
I
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212
were to agree to show preference to the signers of the reso lu tio n s, i f the
intruder should abide by the d ecision of the Mixed Claim Committee.
After
the Mixed Claim Coanittoe had valued the half-blood improvements the
■white claimant was eith er to pay cash or place secu rity in the hands of
the agent, which was to be delivered to the half-blood when the removal
b i l l was accepted by the tr ib e .
I f the b i l l was rejected , the cash or
secu rity was to be returned to th e white claim ant.
The intruders that
signed th is proposition were IS. II* Watkins, Fred Bunker, C. W. P ren tiss,
W. D. J o ll, S . C* C arroll, Payton York, :Jem.es L. S c o tt, Hailey McCoimick,
51
S. B. Lawrence, and Thomas Ikwson*
Hie a ttitu d e o f the s e ttle r s at the council ground i s very w ell
portrayed by the intim idating resolutions which they passed*
Resolved, That i t i s th e opinion of th is meeting
th at no p arties should be allowed to dissuade the Indians
from aooepting said law; and i t i s the decided sentiment
o f th is meeting th at p arties who attempt to in terfere
_________ should be d ealt with severely* The s e t t le r s have made____________
th e ir homes on these lands end they w ill not be in te r ­
io r red w ith , nor have th eir homes jeopardized by any men
acting from s e lf is h motives and they emphatically say to
a l l who d esire or may attempt to d issuadshhe "Indians
aooepting the law, that they must d e s is t. *
These resolutions may have been intended to correot a condition
th at was s e t forth in the report o f the committee of the Board of Indian
51
Appendix J, Report o f the Committee of the Board of Indian
Commissioners, Jan. 3, 1871, MS., in Ifoosho F ile 1871, C13, IOR, NA. These
resolution s are undated and have no sa lu ta tio n , but they were probably
transmitted to Vincent Colyer by Jas* Kemp. Appendix I is a le t te r from.
Kemp, dated Aug. 31, 1870, in which he sta tes th at he had had a meeting
with the white people in the region north of Independence with regard to
the improved Osage claims and had found the s e tt le r s w illin g to pay fo r
Osage improvements. The w riter b eliev es that Kemp sent the above resolu­
tion s to Colyer.
^^festern Home Journal, Sept. 1, 1870.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
213
Commissioners o f January 3* 1871.
The report s ta te s that a fte r August 27
no more Osage would attend the council* because opponents of the removal
b i l l — agents of the old railroad corporation — were using the intruder
situ a tio n in the Cherokee country to prevent the Osages from attending
cou n cil.
C learly there could be no fr e e n egotiation in an atmosphere where
■the above described s e t t le r a ttitu d e prevailed.
But by September 2 , i t seems that the b etter element of th e in­
truders—a t le a st those o f b etter reason and diplomacy—'were going to pre^
v a il.
A d e fin ite attempt was made a t the agency on th is date to p aoify
the half-bloods who* aooording to the report of the coraaittee, owned im­
proved choice farms which were worth twelve or f if t e e n dollars per acre.
In view o f th is fa o t there i s l i t t l e wonder that the half-bloods did not
want to part with th e ir land for a d o lla r and a quarter per acre*
And i t
was th is condition* says the report* that was causing the d iss a tis fa c tio n
among the half-blood element.
To evolve a remedial measure* so th at the
removal b i l l might be considered, Lang, Colyer, and Farwell ca lled a
53
meeting o f the o itize n s of Independence and Parkerburg.
I t was a t th is
meeting th at the s e tt le r s passed resolutions in which they denounced "jumping”
and promised reasonable treatment to the h alf-b lood st
Whereas much hard fe e lin g has arisen in consequence
of the claims of Indian half-breeds being jumped by white
S e ttle r s , which is threatening to impede the tr e a ty and
removal of the Osage Indians from those lands.
Therefore. Be i t resolved, that we the o itiz e n s
o f Montgomery county denounce tho action o f said white
s e tt le r s as detrimental to th e in te r e sts of the c itiz e n s
of said county, and cannot be to lera ted .
Resolved further, th at your committee recommend
that the c itiz e n s of Montgomery County hereby pledge
themselves to protect the Indians and h a lf breeds in th eir
^ A lso ca lled Parker.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
214
olaims and ■will stand by thorn in th e ir righ ts u n til
they have beeosse o itiz e n s and acquired t i t l e s to
th e ir land, or have sold th e ir claims to oilier parties
and received pay fo r the sane and that any person or
persons that sh a ll molest or in te r fe r e with said
claims or occupants a fte r being duly n o tifie d , and
refuse or n eglect to d e s is t s h a ll be summarily Ejeoted,
and we w ill Extend our p rotection to the purchasers
o f said claims*
Resolved that an Executive Committee of fiv e be
appointed by th is meeting to carry out these Resolutions.
D« T* Parker, 3eo« of Cam.
Asa Hargrove
Chairman.
The committee con sisted of D, HeTaggart of Liberty as chairmans
J. Hamilton? W. W. Graham, "a county commissioner of th is reserve"* G.
D. Barker, ed itor of the Parker Record* Colonel "Coffee", a merchant* Dr.
Adams, an ex-member o f the Kansas State le g is la tu r e from th e reserve* J.
D. Emerson, a probate judge o f the reserve; C. White, s h e r iff of the re54
serve* and Dr. H alstead.
Gibson sta ted that the Exeoutive Committee was
55
la te r increased from f iv e to nine members by the meeting.
September 2 must not h a v e b e e n as bright as the above resolutions
would lead one to b e lie v e , because on th a t day Gicson recorded: "Big crowd
of s e t t le r s to m tg.. to a s s is t 4 breeds ir. s e llin g th e ir claims—I spoke
fo r
breeds—no s a tis fa c tio n —Resolutions passed—"
56
While the s e tt le r s were passing various wordy resolutions in th eir
e ffo r t to appease the two hundred and f i f t y Osago h alf-b lood s, who had
54rtg»# "Resolutions adopted by the Meeting of S ettlers held at
the Osage Agency on Drum Creek, Friday, Sept, 2" 1870", MS., in Gibson
Papers* ib id ., Report of the Board of Indian Commissioners, Jan. 3, 1871,
MS., in leos^ io F ile 1871, C13, C90, IOR, HA.
cc
°°Gibson to Colyer, Jan. 28, 1871, lo c . o i t .
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Gibson’s Diary, 1870.
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adopted the sedentary node o f l i f e , the r e st of the tr ib e —real nomads—
were slow ly coming in from a buffalo hunt on the p la in s.
Black Dog and
'‘Clalrraore", two powerful leaders, arrived to attend the council on
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September 2.
Father Schoenmakers, the venerable Jesu it Patriarch of S t. Francis
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I n s titu tio n fo r Boys, was invited by Friend Gibson to be present at the
council fo r the sp e c ific purpose of advising the Osages as to th eir b est
in te r e s t.
When Father Sohoemaalcers replied to Gibson's in v ita tio n he said
that he m s very muchconcerned about the welfare of the Osages, but was
greatly depressed about th e ir dark fu tu re. From the tone of h is le t t e r ,
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lie even seemed inclined not to d esire to attend the oounoil.
Nevertheless,
on September 5, he arrived a t the agency, but according to the Quaker Agent
refused to take sides in the n eg otiation s.
By September 7, the committee had grown im patient, because of the
slow return o f the Osages from the hunt.
I t had been on the Osage reserve_____
sin ce August 20, the origin al data s e t for the cou n cil.
the committee was probably ju s tifie d in being im patient.
la te date some important Osages were s t i l l absent*
By September 7
But even at th is
As a consequence of the
committee’s impatience, the Osages who wore present requested the committee
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Gibson's Diary, 1370. Near the back of th is diary may be found
a tabular statement of the population of the Osage tr ib e , which Gibson enrolled
by bands on September 13, 1870. The to ta l population a t th is time was 3145.
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The new name fo r the Osage Manual Labor School. The charter for
the newly styled in stitu tio n was issued by the Kansas S tate Department and
dated May 7, 1370. The a r tic le s of incorporation were f ile d May 13, 1870.
(Corporations, I I , 378, I S ., in M5D, KSES).
®9John Schoenmakers to Gibson, Sept. 1, 1870, in ITMF, QAOL 18691870, IOR, HA.
^G ibson's Diary, 1370.
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216
to w ait three days longer, and in the meantime a runner was sent fo r the
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L it tle Osages*
On the eighth the agent noted that Uopamlla and Chetopa,
c h ie f and counselor o f the L ittle Osages, had arrived*
Talley a lso made th e ir appearance on th is day*
“Clammore" and
The a rrival of these im­
portant personages gave such a bright outlook fo r the long expected aouncil
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-with the Osages r e la tiv e to th e ir removal from Kansas, th at Gibs on
soribbled in h is diary fo r the eighth*
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"Now we w ill go ahead—1*
At th is point i t is necessary to make what a t f i r s t may seem to
be a digression from, the removal council prelim inaries *
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CHAPTER VIII
REMOVAL OP THE SETTLERS FROM THE PROPOSED OSAGE
RESERVE IN INDIAN TERRITORY
The f i r s t report, to the O ffice of Indian A ffa ir s, on the pres­
ence of Tshito intruders on the Cherokee land south of Kansas to which the
Osagea were to be removed was made on July 23, 1870, by the Cherokee
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Indian Agent, Captain John If. Craig.
Intrusion in to th is region had been
previously reported to the m ilita r y au th orities and to Agent Craig by
Captain John S . Poland, and Craig sta te s th at he had n o tifie d several hun­
dred of th e intruders to remove from the Cherokee land during the month
preceding h is report to the O ffioe of Indian A ffa ir e .
However, th e report
which oaused Craig to take the intruder situ a tio n up with th e O ffice of
Indian A ffairs was made by the census taker of the Cherokee Ration, Dr. W,
C. G. M iller.
Doctor M iller reported (July 22) th at he had found a large number
of United S tates c itiz e n s who had ju st recen tly moved into the Cherokee
country and located east and w est of the n in ety -six th meridian and had
established a provisional government.
To Dootor M iller’s report Captain
Craig added that he had been informed of the organization of a league among
the citiz en s of Kansas, ju st north of the Cherokee country, which had for
i t s purpose the taking possession of the land south of Kansas on both sides
"^Craig was an army o ffic e r serving as an Indian Agent.
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218
of n in ety-six*
As a so lu tio n for the unwarranted white in tru sion . Captain
Craig recoct ended that a m ilita ry force remove a l l white intruders within
f if t e e n m iles o f the Kansan lin e and destroy a l l of th e ir improvements
and crops to prevent th e ir return*
The Cherokee Agent thought the execu­
tio n of th is plan would teach the ignorant white intruder a lesson in
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Indian rights and prevent future trouble*
On August 3 , the O ffice o f Indian A ffa irs conveyed Craig‘a report
and recommendations in regard to intruders to the Secretary o f the Interior
with the recommendation that the request fo r the removal of the intruder's
be granted and ignorant persons who thought the government would la te r
confirm, th e ir claims be thus undeceived. 3
One of the intruders in the Cherokee country, who liv ed ju st west
of n in e ty -s ix , has w ritten an in ter estin g account o f what he o a lls the
f i r s t white settlem ent in the present State o f Oklahoma*
This settlem ent
was in what is now the northeastern corner o f Osage County.
On April 17
(Easter Sunday), 1870, S. M* Dyer and fam ily took over th e three claims
he had bought from a Mr* K elly and h is two sons*
m iles west of C o ffey v iile on Big Caney.
These claims were th irty
John Buckmaster, a seventy-year-
old frontiersman, liv ed ju st across Big Caney west of the Dyer one-room
log house*
Other s e tt le r s who liv ed in th is immediate neighbor­
hood were, th e S* M* Donelson fam ily of s ix persons, the
H ilton fam ily of s ix , the Marshall fam ily of f iv e , the
McKinley fam ily of four, the Captain Cal Watkins fam ily
of seven—besides the Captain had two brothers that made
th eir home with him—Isaac Bigham, an old bachelor, the
. -* -- -1. ____ ■ . . .
--.-- - - - —.. . - -___ . 96Craig to Commissioner of Indian A ffa ir s, July 23, 1870, in Cherokee
F ile 1870, C1505, IOR, HA* For the meaning of symbols see L ist of Symbols.
flf
°Cady to Cox, Aug. 3, 1870,
Report Book Ho. IS, (Aug. 24,
1869—Sept. 9, 1870), pp. 449f, IOR, HA.
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F airley fam ily o f nine, the Dalton fam ily of three*
Bootor Gates fam ily of three, the Lofton fam ily of
nine, the Adolph Reuter fam ily o f fiv e •••> the
Pal Skeen fam ily o f th ree, the George Sears fam ily
o f aim—a lso two brothers of Mr, Sears—Mike Wilson,
a widower with four daughters—the Hull family of
four, the John White fam ily o f four, the Wilburn
fam ily of fou r, the Berry fam ily of f iv e , the Bates
fam ily of th ree, the Beasley fam ily of three and
the V. Skeen fam ily of th ree. Father's fam ily con­
s is te d o f fa th er, mother and e i $ i t children, making
a to ta l of 112 persons liv in g in the immediate
v ic in ity where my father did. They were a l l personal
acquaintances of the Dyer fam ily,
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Dyer s ta te s that there were many fam ilies that he did not know
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who liv ed on Big Caney and east of tinea on L ission , Hickory, and Turkey
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Creeks,
According to t h i 3 intruder, there were a lso settlem ents to the
west of them on Buck Creek, Pond Creek, and as fa r south as Bird and
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Hominy Creeks near the present lo ca tio n of Pawhuska,
Captain Craig’s report of July 23 on white intrusion was taken
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up in a cabinet meeting on August 5,
In the cabinet meeting, the Secretary
of the In terior indicated that tho O sage-settlor d iff ic u lty in Kansas would
probably be adjusted without d if f ic u lt y , but that there m s a manifest puri
pose on tho part of squatters to oross the south lin e of Kansas and take
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new claims in Indian Territory,
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The decision which the oabinet reached with referenoe to the advance of squatters into the Indian Territory was very d e fin ite .
The General
^T» J, Dyer, F ir st White Settlem ent in Oklahoma, A Story of the F irst
White Settlement in V»hat i s Sow the Stake of TKlaKoma, then Known as Indian
fe r r ito r y , and OtTTer"stories Xn»P*j cI53’0~T."‘J, Dyer) pp. 6f', the w riter
o f th is Dooklet Yives in Alva, Oklahoma, and i s a son of S, M» Dyer, T, J,
was born in 1857 and consequently was th irteen years old when the Dyer family
s e ttle d on Big Caney in A pril, 1870* (Ib id , , p, 5 ), This booklet of
th irty-seven pages was not w ritten u n t i l s ix ty years a fter the events described. However, i t was not prepared from an unaided memory altogeth er, A
copy of the Dyer booklet may be found in the Osage Museum, Pawhuska, Oklahoma,
Hereafter cited Dyer, F ir st Tiifhite Settlem ent,
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of the Amy wrote the oommander o f the Department o f the Missouri that s
The maftter was up before the Cabinet yesterday,
and i t m s concluded that any trespass or intrusion
must be prosjptly and fo r c ib ly n e t. You had b etter
send a oavalry foroe down on the lin e , and give n otice
that you hare p o sitiv e orders to 'p rotect the Indian
te r r ito r ie s from, unauthorized s e ttle r s* and squatters
and require the o f fic e r in command promptly to remove
any such as he m y fin d across the south boundary of
Kansas, w ithin the lim its of what i s known as the
Indian Territory *5
On August 6 the Secretary of War a lso n o tifie d the Secretary of the In terior
that the neoes 3ary in stru ction had been issued to the General of the Army
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to supply troops to remove trespassers; from the Cherokee lands*
rt
The commander of the Department of the Missouri . reported on
8
August 16 th at he had sent Captain John Soroggs Poland of the Sixth Infantry,
5Gen* W. T, Sherman to Gen, John Pope, Aug. 6, 1870, in Dept, of Mo.
F ile 1870, A518, TSDS, HAj CSF 1870, A1293, ICE, HA; Appendix F, in Heosho
F ile 1971, 013, IOR, M .
_____________ Sfiady to Gdx, Sept. 3. 1870. MS., Report Book Ho. 19 (Aug. 24, 1869—
Sept. 9, 1870), p. 489, IOR, HA.
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'The organization o f the Army in 1870 was* Secretary of War, Gen.
W. W. Belknap, General of the Array, Gen. W. T. Sherman. The a n y was d istr ib I
uted throughout the United States in to four m ilita ry d ivision s which were in
turn divided in to ten departments. The m ilitary d iv isio n of Missouri was
commanded by L ieut. Gen. P. II. Sheridan (Chicago) and contained three departj
mentsj Dakotg, P la tte , and M issouri. The la t t e r was commanded by Brig. Gen.
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John Pope (Fort Leavenworth). The Post of Southeastern Kansas in the Depart|
ment of the M issouri, garrisoned three companies and was commanded by Capt.
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J. J. Upham. These companies were located along tlie lin e of the Missouri
River, and the Fort S cott and Gulf Railroad. They consisted o f three oaptains,
four subalterns, and 186 e n liste d men. (Annual Report, 1870, Secretary of War
(Government Printing Off i c e , ’Washington, iSYG), pp. 1, 3 ,
68. fox the s iz e
and boundaries o f the d ivision s and departments see Raphael P. Thian (Comp.),
Uotes I llu s tr a tin g the M ilitary Geography of the United S ta te s, 1813-1880
(Government 'Printing O ffice, ^aslim gton, i5SluJ» ) •
8
Poland graduated from the United States M ilitary Acadesy in 1861,
th irty-fou rth in h is c la s s . In 1361 he held the rank of second lieu ten an t.
In 1862 he m s promoted to the rank of captain and brevetted a major. In
1863 he m s brevetted a lieu ten ant colonel for gallan t and meritorious service
a t C h a n cello rsv ille. He died in 1898* (Francis B. Heitman, H istorioal R egister
and Direotory of the United States Arn^y, 1789-1902 (H. Doo. Zfo. 446, 67 tfong.
£ Ves's., ('4BSSXT XGo',rerQmen^ M in tin g o f f ic e , Washington, 19(5$), I I , 796).
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221
commander of troops a t the Post of Southeastern. Kansas, to meet the Cherokee
Agent, Captain Craig, a t Baxter Springs, for the purpose of accompanying
him. to the region, infested, with white intruders*
Captain Poland had been
instructed, so General Pope’s report reads, to conduct troops to the piaoe
indicated by the Cherokee Agent and to use them only under the d irection of
the agent*
Captain Poland m s further cautioned by h is commanding general
not to origin ate any plan or accept any r e s p o n sib ility fo r the removal of
the intruders*
General Pope issued these s p e c ific instru ctions because
Indian reservations were under the exclu sive ju r isd ic tio n of the O ffice of
Indian A ffairs*
Therefore# Captain Poland was to act only under the d irection
of an Indian agent*
General Pope thought that as the Cherokee-intruder situ a ­
tio n had come about under the very eyes of the Cherokee Agent, toe agent
should bear the odium of a m ilitary removal from the land to ich was ex clu siv ely under h is control*
9
_________Whan and how the in str uct ions of August 6 were conveyed from General
Pope to Captain Poland is not known.
C ertainly the instructions as outlined
in the departmental commander’s le t t e r o f August 16 to Tlie Adjutant General
did not conform to the in stru ctions issued by the General of the Army on
August 6 .
Such instructions as Poland received must have been communicated
o r a lly , because on August 9 Poland was ordered by telegram to report without
delay to Department Headquarters (Fort Leavenworth).^
The records of the
Department of the Missouri f a i l to reveal that Poland was instructed eith er
^Pope to Townsend, Aug. 16, 1870, in CSP 1870, A1293, IOR, HA;
I B ., Letters Sent LXXK (AGO, Dept, of Mo. 1870), 94f, T O , HA.
ib id . ,
^®W* G* M itch ell, AAAG, to Capt* Poland, Aug. 9, 1870, MS., Telegrams
Sent, (Department of Missouri) Book Ho. 202 (July 1, 1869—Deo ."TS, 1870),
p. 352, V/DR, HA*
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222
by l e t t e r or telegram before Pope made h is report to Townsend#
Since i t i s true that the General of the Army did not have any
lim ita tio n attached to h is instructions of August 6 to General Pope, the
r e sp o n sib ility for the lim itation upon the in stru ction s to Captain Poland—
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not to use troops except under the direction, of the Cherokee Agent—must
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rest upon General Pope.
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already f r ic tio n between, the two departments, there certa in ly was not going
11
to be hearty cooperation.
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In pursuance of the removal order from The General of the
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and a fte r being instructed upon the subject by the departmental commander,
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Poland s e t out for
This lim ita tio n in d icates th a t, i f there m s not
jinny
the camp of Company “I" which, m s stationed at the
Neosho Agency on Drum. Creek.
The captain arrived a t the camp on August 23,
the day on which the committee, superintendent, and agent had s e t out for
the Cherokee country to inspect the prospective homo fo r the Osages.
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Poland’s report of the twenty-fourth. i t i s ”revealed, fcr tho f i r s t time,
that the removal of tho intruders from the prospective Osage reserve in
Indian Territory m s a prerequisite upon which some of the Osages would
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The Osages declin e to r a tify the treaty or consent
to go there [^Indian T erritory] u n til tho s e tt le r s are
removed and unless such an assurance i 3 given next Monday
August 29]] at the Council, they w ill r eject a l l pro-
^-Pope’s p o sitio n may be c la r ifio d but not ju s tifie d from army
experience in Kansas. "On the fro n tier of Kansas so many su its have been
brought against o f fic e r s , in the courts, for a cts which seemed so necessary
fo r them to perform and which were legitim ate in every resp ect, that they
now f e e l timid about acting unless th e ir in stru ction s aro d e f in it e .” (L ieut.
Gon. P* E. Sheridan to Headquarters M ilitary D ivision of the Missouri,
Chicago, I l l i n o i s , July IS, 1870, Neosho F ile 1870, A1179, I0R,EA). In
th is le t te r the general a lso rela tes that only a few days before he had
stood t r i a l , and that nearly every o ffic e r at Fort Dodge, fo r the la s t
three years, had been before the court a t Topeka#
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323
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posals looking to th e ir removal* The s e t t le r s '
feelin g s in the Kansas Reservation is that they must
accept . . . . . The census shows the population of Howard,
certa in ly Montgomery County at 7000 and more and they
cannot be driven out p ra ctica lly by fo r c e .1*
Two days la te r Poland again reported that "From data received of
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the Comtrdasioners traders and others—I understand that tho new reservatio n is to be located west of 96th meridian provided th at meridian crosses
the general course o f the L ittle & Big Ca m and L it t le Verdigris in which
case the Osages w ill accept the lands when white s e ttle r s and g breed
Delawares are removed."
Enclosed with th is report was a map on which Poland
indicated two p ossib le sele ctio n s as a future home fo r the Osages.
13
He
explained that " if the Osages s e le c t Rectangle FGOL" Hoag would have the
in d istin o t "northern boundary so marked as to be e a s ily seen & known."
The statement on the map indicates that the southern rectangle m s second
choice.
Poland's le t t e r says that "the Osages p refer the Rectangle ABDCF
14
ly in g on eaoh aide o f th e Arkansas River."
Poland's report i s unusually
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in terestin g because no other report was found wherein Creek land m s even
mentioned as a future home fo r the Osages before they agreed to leave Kansas*
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Captain Poland reported to General Pope and he to The Adjutant
General o f the Army (August 25) that Captain Craig had not received any order
or instructions from the Interior Department and, th erefore, would not make
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any e ffo r t to remove the s e ttle r s on the Cherokee land.
General Pope
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^Capfc. Poland to Gen. Pope, Aug. 24, 1870, in Dept, of Mo. P ile
1870, P124, TOR, HA.
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■^Poland to Pope, Aug. 26, 1870, in Dept, of Mo. F ile 1870, P125,
TOR, BA.
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m m !* * *
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(2 u - * .2 d
w ^tto T a .g .o 3 .a
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224
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suggested to The Adjutant General of the Army that th e Cherokee Agent be
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instructed on tlie subject of intruder removal and added that a m ilitary
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foroe "would be subject to the agent’s d irectio n .
But the departmental
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o f what he seemed to think might be unpopular m ilita ry a ction .
He re­
iterated h is views of August 16*
As the squatters in. the te r r ito r y in question
occupied the country d ir e c tly under the eyes o f the
agents o f the Interior Department, I think i t but
ju st th at that Department should assume whatever
oonsequenee may fo llo w th e ir fo rcib le expulsion.
The m ilitary w ill be promptly a t hand to apply
the foroe upon the request of the agent to that e f f e c t .
The inspection party returned from the Cherokee countiy on the
tw enty-sixth, and the committee immediately ca lled on Captain Poland and
requested him to remove the Intruders on "the Cherokee land south of Kansas.
The captain then informed the committee of the lim ited nature of h is ordersj
that Captain Craig, th e Cherokee Agent, would have to make a request for
the troops.
However, Captain Poland did consent to i 33ue a public n o tice,
*®Fope to Townsend, Aug. 25, 1870, I S ., Letters Sent, L30CIX (AGO,
Dept, of Mo. 1870), 114, TOR* HA; ib id . , irTCherokee F ile 1870, T/305, IOR,
_ HA; ib id . , in Cherokee F ile 1870, aTS(57, IOR, HA; ib id . , in Dept, of Mo.
F ile ~ W 0 , 1148, AGO, Washington, D.C.
One month la te r (September 26) General Pope o f f i c i a l l y transformed
h is views on the relation sh ip of the army to th e Indian department in to
d e fin ite m ilita ry law* General Orders No. 28 were issued from Headquarters
of the Department of the Missouri to p u b licly d efine the future rela tio n ­
ship between the two departments. As only the substance of General Orders
No. 28 had been expressed by General Pope on August 16 and 25 the f u ll tex t
i s here submitted* "In order th a t the exact rela tio n s between o ffic e r s
commanding troops and the agents of the Indians on Reservations in th is
Department may be c le a r ly understood, the follow ing rules are published and
w ill be ca refu lly observed by' a l l o ffic e r s on duty in the Department of the
Missouri*
"I . . . . Indian reservations and the Indians upon them are wholly
under the ju r isd ic tio n o f the agents in charge who are alone responsible
fo r th'e conduct o f the Indians, and fo r the protection of the rights of
person and property both of Indian and of white men on Indian Reservations.
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225
■warning th e intruders who were below the Sans as lin e to remove from the
Cherokee land*
Captain Poland drafted the warning notice* and Gibson took
i t to Independence, where lie had two hundred copies printed fo r d istrib u 16
tio n ,
The form and language of the notioes were*
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Headquarters Post, S. E. Kansas,
Montgomery County, Kansas
August 26th, 1870
The Government lias determined to remove a l l s e ttle r s
and intruders in the Indian Territory, and to execute the
"The m ilita ry forces on or near such Indian reservations are placed
there s o le ly to a s s is t the Indian agents to preserve good order on the
R eservations»
MII
Under no circumstances except s p e c ific orders from Depart­
ment Headquarters or higher authority w ill any commander of troops assume
ju risd ictio n or ex ercise control over reservation Indians or th e ir agents,
nor origin ate nor execute any act of th e ir own v o litio n in regard to a ffa ir s
on such reversation. "Whenever the services of troops are needed i t w ill be
necessary fo r the Indian agent so to sta te in w riting to the nearest
commander of troops, s e ttin g forth the reasons why troops are needed and the
s p e c ific object to be accomplished. Upon the receip t of such w ritten s ta te ­
ment the m ilita ry commander w ill furnish the required m ilita ry fo rce, always
i f p ossib le to be commanded by a commissioned- o f fic e r , who w ill be instructed
to report with h is detaohment to the Indian agent and to act under his orders,
Ho commander o f a detachment w ill of his own motion take any action whatever
in rela tio n to a ffa ir s in Indian reservations even under the orders of an
Indian agent unless the agent him self or same properly authorized subordinate
i s present with him and gives the neoessary orders.
" I ll . . . . From the foregoing rules i t w ill be c le a r ly understood
that Indian agents must in a l l oases accompany the troops whose aid they
apply fo r and point out to tlie cossmnder of such troops the acts to be done
and the persons to be interfered w ith. Troops oannot be used to expel
unauthorized traders or intruders upon Indian Reservations, or to se iz e the
goods or other property of such persons except as a posse to act under the
orders and in the presence o f some proper o ffic e r or agent of the Indian De­
partment,
"17 . . . . By c lo s e ly observing the foregoing rules the necessary
m ilita ry aid can always be had and no occasion can a r ise for controversy or
misunderstanding between the Indian Department and the m ilita ry au th orities."
(G* 0. Ho, 28, IE ., in Dept, of Mo. Misc. F ile Ho, 25, ADR, J5A. a printed
copy may be foimtT in , General Orders, Dept, of Mo. F ile 1870, "SIDE, HA;
Cherokee F ile 1870, C1760, IOR, NA; OH).
^G ibson's Diary, 1870, Aug. 26, Appendix G, Report of the Committee
o f Board of Indian Commissioners,. Jan. 3 , 1871, MS., in Heosho F ile 1871, C13,
IOR, NAj Sen. Ex. Doc. No. 39, 41 Cong. 3 sess.," T (1440), 17-21, Appendix
pp. 2-6, 72F.
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226
trea ty with th e Cherokaes o f 1866* By a r tio le 27, ’a l l
persons not in the m ilita ry serv ice of the United S ta tes,
nor c itiz e n s of the Cherokee Nation, are prohibited from
corning into the same, or remaining on the sam e.’
A ll such settler's are hereby summoned to quit the
lim its of the Indian Territory in the sh ortest possible
time, and a l l immigrants are forbidden to enter the same,
on penalty of removal by force.
By order
J. S . Poland
l7
Capt., 6th Infantry, Commanding Post.
Before the committee l e f t the Osage reserve fo r the Cherokee
country on i t s inspection tour, i t had been informed that there were in ­
truders upon the proposed new Osage reserve.
The committee had also
learned that an intruder removal order had been sen t to General Pope, the
commander o f the Department of the M issouri.
So when the committee re­
turned (August 26) and made i t s demand upon Captain Poland, who refused to
remove the intruders, except upon the request of the Cherokee Agent, who
had already refused to cooperate with Captain Poland, the chairman of the
committee appealed to the commander of the Department o f the Missouri.
--------------On August 27, the chairman of the committee described to the--------m ilitary oom'ander of the department tho resu lts of a preliminary meeting
18
with the h alf-b lood s, which the committee had held Monday, August 22, in
order to determine th e ir objections to the b i l l providing fo r the removal
of the Osages and to fin d out what would s a t is f y them.
The chairman of
the committee sta ted , a t the meeting on the twenty-second, the half-bloods
had only one serious objection to the b i l l and that vras the presence of
several hundred white s e tt le r s already upon the land whioh was proposed for
a new Osage home, and when the committee stated that the intruders would
17
3 , 1870*
This notioe was published in th e Daily Kansas State Record, Sept.
One of these notices may be found in Gibson Papers* <®i
18Gibson»s Diary, 1870.
i
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227
be removed, the h alf-bloods rep lied "that they would b eliev e i t when they
saw i t done & not before—"
I t was th is information on the in tru ders,
according to the chairman, that caused the committee, superintendent, and
19
agent to decide to inspect the country in order to learn the true facts*
The inspection tour revealed, reported the chairman, that the half-bloods
had to ld the truth about the presence of intruders in the Cherokee country.
The chairman further reported to General Pope th at when the committee in­
formed the s e tt le r s that an order had been issued fo r th e ir removal none
of them b elieved i t , and some were even d efia n t.
I t was th is unpleasant
situ a tio n , stated the chairman, that prompted the committee’s appeal to
sand troops, a force of oavalry, to the agency w hile the oeuncil was in
progress, so that the Osages might be impressed th at the s e t t le r s were to
be removed.^
The committee was determined to have th e intruder removal order
executed* so t hat the Osages would accept the removal b i l l .
In addition
to Farwell’s appeal to General Pope on the twenty-seventh, Vincent Colyer
of Hew York rode east from Montgomery, th ir ty -e ig h t m iles, to Columbus to
telegraph the Secretary of the In terio r on the twenty-ninth to have General
Sherman’s intruder removal order of August S carried in to execution.
Colyer’s
telegram reads»
Their head men say they w ill not consent to removal
j
T
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;
j
Q
Parsrell wrote, probably years la te r , "we had sca rcely named our
o b ject, before the ch ief said to uss ♦White people are going th ere, same
as here} i f you can stop th a t, we w ill hold a council to consider the
matter, and not otherwise.*" (Some R eoolleotions of John V. Farwell, A
B rief Description o f His L ife and business' Reminiscences QL S.DonnelTy
S Son's Company, 'GhTcago, TiHT), pp. I s b f).
20
Farwell to Pope, Aug. 27, 1870, in Dept, of Mo. F ile 1870,
U13, WDR, SA.
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u n til squatters are cleared o ff new reservation in
Indian Territory. The o f fic e r in canmaad o f troops
herej by d irection of General Pope Says he aannot
execute General Shermans order u n til he has request
from Cherokee Indian agent—This obstructs the
business—I f General Shamans order oould be promptly
executed i t would help us much—can i t be done?21
On September 1, the O ffice of Indian A ffairs was n o tifie d that
troops under the command of Captain Poland had reported to the Cherokee
Agent for the purpose of removing intruder’s from th e Cherokee land south
o f Kansas, but that the agent was without in stru ction s in th e matter of
22
the proposed removal o f the intruders*
This n o tific a tio n may have been
in response to Colyer*s telegram or to the suggestion that General Pope
made to the War Department on August 25 that the In terio r Department be
requested to in stru ct Agent Craig*
But regardless of what oaused the
Secretary of the Interior to a ot, th e Cherokee Agent was immediately in ­
structed*
The Acting Commissioner o f Indian A ffairs telegraphed the Cherokee
|------ Agent, saying, "United S tates troops are at 3/our disp osal in South Eastern
j
S
I
Kansas, for removal of tresp assers on Cherokee lands*
j
I
in S. E* Kansas to act under the d irection of agent Craig in removing tr e s23
passers from Cherokee reservation*
Two days la te r tho Cherokee Agent
|
rep lied , " [jQ 'w ill go to Kansas and in stru ct commander of troops.
On the same day Superintendent Hoag was n o tifie d that "Troops are
\....................................................................................... ........
i
D irect them promptly
.............. ,_i.
,, .
21
|
;
‘"‘-Appendix II, R ep o rt o f the Committee o f the Board of Indian
Commissioners, Jan. 3 , .1871, I S ., in Heosho F ile 1871, C13, TOR, HA.
I
22Cady to Cox, Sept. 3, 1070, I® ., Report Book Ho. 19 (Aug. 24,
1869—Sept. 9, 1870), p. 489, IOR, HA.
I
!
23
Cady to Craig, Sept. 2, 1870, US., L etter Book Ho. 98 (Land and
C iv iliz a tio n ), p. 31, IOR, HA; Cady to Snag, ib id .
24
Craig to Commissioner of Indian A ffa ir s, Sent. 4, 1870, in
Cherokee F ile 1370, C1S34, IOR, HA.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission
C ourtesy Graduate A sso c ia tio n
of th e U nited S ta te s M ilita ry Acaden;*.
Capt. John S« Poland
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229
Tho Office o f Indian A ffairs disavowed r e sp o n sib ility fo r the
non-execution o f General Sherman's intruder removal order o f August 6 by
saying the department had had no o f f ic ia l knowledge o f the dispatch of
9f\
troops for the purpose.
This seems to have been a very weak excuse from
the O ffice of Indian A ffa irs, because the Secretary of War o f f i c i a l l y n o ti­
fie d the Secretary of the In terio r (August 6 ) , according to the Acting
Commissioner’s own le t t e r , that in stru ction s had been, issued to the General
of trie Army to supply troops fo r the removal of trespassers from the
Cherokee land.
26
As a resu lt of Cady's telegram to Craig (September 2) the Cherokee
Agent went to Kansas and requested the commander of the Southeastern Kansas
Post (September 5) to"remove as promptly as p o ssib le a l l intruders in th is
territo ry ."
The Cherokee Agent informed the commander of Post Southeastern
Kansas, through w ritten in str u ctio n s, th at the north boundaiy of the
27
Cherokee ccrarrtry was the south lin o of the ceded s t r ip , which m s unknown
except in a general way.®® Ike in struction s stated that guides would be
furnished by the principal ch ief of tho Cherokee Hation to'-point out the
/
north lin e of the nation. In doubtful cases, those liv in g in the neighbor2^Cady to Cox, Sept. 3, 1870, j®.» Report Book So. 19 (Aug. 24,
1369—Sept. 9, 1870), ? . 489, IOR, HA.
’ 26Ibid.
27,See (5) on nap facin g p. 1.
2p
'The Cherokee Agent had previously called attention. (August -5) to
the inconvenience caused by an in d istin c t marking of the north lin e of the
Cherokee country and stated that he thought that i t was necessary to have
£?*
ine 0 f flc e of Indian A ffairs rep lied , "You are informed
m Jto opinion of th is o ffic e such survey is not deemed eith e r advisable
or necessary, end I therefore decline to authorise the same to be made «
(C v 1,0 Crai£j Sept. 15, 1870, I S ., Corfeaoonder.ee Land D ivision flie-H-AT.
P ~ » Book). I H , (Sept. *. 1870“ Jan. *>. i s n ) .
ti 1 *
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230
hood o f th o i n d i s t i n c t lin e ,, were n o t to be d is tu rb e d u n t i l a re -s u rv e y
was made and th o li n e d e f i n i t e l y known.
The g u id e s, acco rd in g to C ra ig 's
in s tr u c tio n s , would a ls o p o in t out th e persons to be removed, wfeioh i n ­
cluded a l l w hite p erso n s n o t c itiz e n s c f th o Cherokee N ation and w ith o u t
w r itte n p erm issio n to rem ain t h e r e in .
The in s tr u c tio n s d ire c te d t h a t a l l
moable p e rso n a l p ro p e rty , wagons, im plem ents, and a n im a ls, should be re ­
moved.
from th e in s tr u c tio n s i t i s c le a r t h a t i t was a lso Agent C ra ig 's
id e a t h a t th e in tr u d e rs d id n o t have any p ro p e rty r ig h ts " in houses b u i l t ,
fen ces «••• o r sta n d in g crops .........."
However, th e d is p o s itio n of sta n d in g
I
crops was to be o p tio n a l w ith th e tro o p commander,
j
them o r le a v e them f o r the Cherokees to g a th e r .
Ee could e it h e r d e s tro y
Houses and fen ces were
!
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to be l e f t f o r th e b e n e f it o f th e C herokees, i f i t were thought t h a t th e
|
i1
■
fe n c es to m down, so t h a t s to c k m ight e a t th e sta n d in g c ro p s.
in tr u d e rs would n o t r o tu r n ;
o th e rw ise , tho houses were to be burned and th e
29
On Septem ber 3 , C ap tain Poland was a g ain in s tru c te d by t i e
commander o f th o Department o f th e M isso u ri to "proceed w ith o u t d e la y t o th e
Cher oho e Lands in tru d e d on by w hites w ith »A?Company of th e 7th C avalry under
h is d ire c tio n s and remove s a id in tr u d e r s as f a r as i t can be done w ith o u t
a c tu a l v io le n c e ."
C ap tain Poland m s a ls o d ir e c te d to r e p o r t to and a d v ise
j
w ith th e committee th a n a t tho IToosho Agency and to execute tho g u aran tee r :
S
!
spoken of ir. F a rw e ll's l e t t e r o f August 27.
!
f>0
TJhen C ap tain Poland again, c a lle d on C aptain C ra ig , in reg ard to th e
.[
:
j
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j
i
^ C r a i g -i;0 Upham, S e p t. 5, 1370, in Dept, o f Mo. F il e 1370, H14,
T iD R , 1 a .
^ C o l . M itc h e ll, AAAG, to Commanding O ffic e r, P o st S o u th e a stern
K ansas, F o rt S c o tt, S o p t. 3 , 1370, MS., Telegrams S e n t, Book ho. 202 (D ept,
oi .lo. J u ly
1369—Deo* 16$ 1370)$ p# oQ7# wDR$ RA..
\
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231
execution of the second removal order, ha was to ld (September 9) that
Captain. Craig could not accompany him to remove the intruders.
However,
Craig gave Poland a copy of his le t t e r of instru ctions to Captain Upham,
dated September 5, which were to serve fo r h is guidance in tho procedure
he vras about to undertake.^
S pecial Order Ho* 102 was issued by Post Southeastern Kansas
’-'^Poland to M ichell, S e p t . 27, 1S70, in Cherokee F ile 1370, A1424,
ib id . , Dept, o f Mo. F ile 1870, P14, Y©h, Iffl..
Ah'ou'u the tin e the removal of the intruders was completed the
Cherokee Agent explained why he refused to accompany Captain Poland on the
removal expedition. I t was because he objected to the instructions issued
to Captain Poland by the commander of the Department of the Missouri,
General Pope, Captain Craig frankly admitted, in a report to the O ffice of
Indian .A ffairs, th at h is d if f ic u lt y with Captain Poland grew out of General.
Pope’s construction upon the nature of the duty of the army upon Indian res­
ervations. 3ut i t was not u n til the substanoe of Poland’s removal in ­
structions were issued on September 2G as General Orders No. 28, that the
Cherokee Agent enclosed a copy with h is observations thereon to the Commissioner
of Indian Affaii*s. Craig complained that the construction put upon the order
by the army would embarrass o ffic e r s of the Indian department in the removal
of intruders. Craig pointed out that General Orders No* 28 controlled the
action o f m ilita ry ocramandera in enforcing the non-intercourse laws and wore
th erefore, in con sisten t with tlie law upon the su b ject. The array o ffic e r who
was also serving as Cherokee Agent expressed h is view o lea r ly i "The duties
and r e s p o n sib ilitie s o f m ilitary commanders in the Indian country, are de­
fin ed in the intercourse laws and regulations prescribed in pursuance of
th ese s ta tu te s. The third paragraph of the general order apparently re­
s t r ic t s the action of such o ffic e r s and would ob lige them in many cases in
which the sta tu te and in stru ctions require them, to proceed against offenders,
to abstain from action." Onoe Captain Craig became involved in the contro­
versy he was as determined as General Pope but more lo g ic a l. He even re­
quested the O ffice o f Indian A ffairs to remind the War Department of i t s duty
under th e non-intercouse laws. The Cherokee Agent saw that there was a need
for a zealous cooperation of the two departments. He stated that h is
experience showed that i t was vary desirable to perform a l l that the law en­
joined and closed h is observations on General Orders No. 28 by saying ”1
am very deeply impressed with the conviction th at abundant enforcement of
law is the highest in te r e st of the Indians." (Craig to Commissioner of
Indian A ffa ir s, Oct. S, 1870, in Cherokee F ile 1870, C1760, IOR, M ). At
a la te r date Captain Craig again condemned General Orders No.28, by sta tin g
that h is other duties prevented him from spending h is time running a fte r
fu g itiv e s and that he could nob always be present when the law was enforced.
(Craig to Commissioner of Indian A ffa irs, Dec. 29, 1870, in Cherokee F ile
1870, C30, IOR, HA).
IOR, HAj
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232
pursuant to a telegraphic order o f September Q.
By v irtu e of th is Special
Order, Captain Poland l e f t his camp on Limestone Creek, September 11, and
arrived at the Heos ho Agency on the thirteen th ■with troop "A" of the
Seventh Cavalry.
32
Be via3 delayed fo rty -eig h t hours in reaching the Osage
reserve because of the breakdown of two wagons whioh, he complained, were
worn out before they were turned over to him.
Pecans e of th is unavoidable
delny Poland reported, news of h is approach preceded him, and th is caused
•tlie s e ttle r s to sta rt moving out.
33
is & precautionary removal measure, Captain Poland requested
authority (September 13) to place a det&ohmont of Company ’’I", Sixth In­
fantry, on the southern lin e of Kansas to prevent the return of those re­
moved, or to prevent new immigration into the Cherokee country.
The commander
of the post authorized one commissioned o ffic e r and twenty men from Company
"I", who were encamped a t the agency, to proceed to the southern boundary
of Kansas and to report to Captain Poland to be used ’’without actual
34
violence."
Captain Poland’s f i r s t report on intruder removal a c t iv it ie s was
dated September IS. On that day he was encamped a t tlie junction of the Big
OO
and L ittle Caney.
The captain reported that on h is way to th is camp he had
32Poland to Lt. Smith, Adj. Post, SEK, Oct. 29, 1870, in Dept, of
Ho. f i l e 1370, U25, YIDR, 1IA.
—*fw
00Polacd to Upham, Sept. 1G, 1870, in Dept, of iso. F ile 1870, TJ18,
f'TDRj aA*
3%pham to
1870, U17, 17DR, NA.
"enclosure."
AAG, Dept, of ho. Sept. 19, 1870, in Dept, cf Uo. F ile
For Captain Poland’s request of the
th irteen th seo the
35
See map facing p
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233
passed through two v a c a n t s e ttle m e n ts on Big Caney, S tro n g and Michigan*
The occupants of the vacant houses in these settlem ents had gone north
in to K ansas.
The c a p ta in w rote "Tomorrow I w i l l sco u t th e E a stern bank
of th e L i t t l e Cana, and Big c am from th e mouth o f L i t t l e Cana south to
Bog Creek w here, i t 13 re p o rte d , a few s e t t l e r s have gone."
According to C ap tain P o la n d 's r e p o r t , th e In d ian s had a lre a d y
d estro y ed a few houses and crops b e fo re he a r r iv e d , and he f u r th e r
a u th o riz e d th e Delawares and Osages to d e s tro y some hay houses which had
been b u i l t by th e in tr u d e r s .
36
On September 27, from a camp on Big Caney, n e a r E lg in , Kansas,
C aptain Poland re p o rte d a second tim e .
Up t o t h i s tim e th e two guides
t h a t C aptain C raig s t a t e d would accompany th e tro o p s had n ev er been seen .
The re p o rt s t a t e s t h a t Agent C-ibson wa3 a ls o a p p lie d t o f o r a gu id e, b u t
h is re p ly was th a t he had no funds w ith which to fu rn is h a g u id e .
At t h is
tim e C aptain Poland re p o rte d chat no fo rc e was n e ce ssa ry ' to e f f e c t removal
of th e in tr u d e r s .
They " w illin g ly l e f t t h e i r claim s and moved n o rth of
tho lin e as determ ined by m e
"
As to th e t r a d e r s , they were unm olested by C ap tain Poland u n less
th e y were u n a u th o riz e d , and then t h e i r goods were n o t se iz e d as d ire c te d
by th e agent*
C ap tain Poland c lo se d h i3 re p o rt of th e tw en ty -sev en th by o u tlin in g
h is f u tu r e p la n s .
" I propose to move to th e Arkansas R iv e r, 40 m iles w e st,
and re q u ire th e s e t t l e r s so uth o f th e supposed li n e to move n o r th , in to
th e s t r i p , or K ansas.
That w ill re q u ire two weeks tim e .
I s h a l l retu rn .
^ P o la n d to Upham, S o o t. 19, 1870, in D ept, of Mo. F i l e 1870, U19,
WDR,
W,
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234
r r n
e a stw a rd ly , soutli of tlie 37* P a r a l le l to C h ito p a, th en ce to camp.0
On O ctober 12* th e A d ju tan t G eneral of th e Army n o t i f i e d th e
cosarnandins g en eral of th e Department o f th e l& sso u ri t h a t th e S e c re ta ry
of % r d ire c te d t h a t he be in v e ste d w ith d is c r e tio n a r y a u th o r ity to d e lay
th e ex ecu tio n of the removal o rd e r "La any case where immediate removal
would r e s u l t in l o s s , h a rd s h ip s, o r s u f f e r in g beyond what is j u s t i f i e d by
th e n e c e s s ity f o r removing th e s e t t l e r s from th e s e d is p u te d lands*"
38
How­
e v e r, according to C aptain P oland’s f i n a l re p o rt (O ctober 29) on h is re ­
moval a c t i v i t i e s , i t is c le a r th a t t h i s d is c r e tio n a r y a u th o r ity to d elay
th e in tr u d e r removal o rd e r came to o l a t e t o a f f e c t m a te r ia lly th e r e s u l t s .
P oland’s f i n a l re p o rt oontains im p o rtan t f a c t s n o t m entioned in
h is p e rio d ic r e p o r t s .
For t h i s reason th e f i n a l r e p o r t has been, summarized,
n o tw ith sta n d in g th e r e a re some m inor r e p e t i t i o n s .
The Cherokee g u id es, who were promised b y Agent C ra ig , were to be
the persons who had taken th e census e a s t and w est of n in e t y - s ix , because
th e y wore -veil a cq u ain ted w ith th e l o c a l i t y sir.d knew where to f i n d the
s e ttle rs .
C ap tain Poland a rriv e d a t I'ontgomory a f t o r th e " tre a ty " had been
signed and th e rto o rm issio n e rsn had d e p a rte d .
The p r in c ip a l inducem ent h e ld
o u t to th o Osages to got th e n to sig n th e b i l l was th e removal o f tho in ­
tr u d e r s .
On September 15, Poland moved to B n n is v ille ,
The main s t r e e t of
°^Poland to M itc h e ll, S e p t. 27, 1370, in Cherokee F ile 1870, A1424,
IOR, HA.
38
Townsend to Commanding G eneral, Department o f th o M isso u ri, O ct.
12, 1870, in CSP 1070, A1557, IOR, HA.
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235
39
th is to m was one hundred yards north o f the sta te lin e .
From E n n isville,
Poland -went south as fa r as G illstra p ’s crossing on Big Caney.
was about th ir ty m iles below tho s ta te lin e .
This place
From G illstra p ’s crossing a
weatwardly course along the l e f t bank of Big Caney m s pursued up to Dyer’s
ford, or the Donaldson’s settlem en t, which was the la r g e st.
camped here two days.
Poland m s en­
Because of much sickness in th is settlem ent, four
fa m ilies—Lowe, Williams, Dyer, and Farley—were granted from seven to f i f ­
teen additional days time for removal.
On tiie twenty-fourth, Captain Poland moved to Sprague’s Valle y ,
or Elgin, on Big Caney.
At Erm isville Captain Poland had found a "tree"
lin e which he thought to be the Johnson lin e surveyed in 1856.
Sprague V alley a continuation of the "tree” lin e was found.
In the
However, the
regular government mounds in tlie v a lle y were a quarter of a m ile north of
the marker a t E rm isville.
A lso, a sawmill was found in Sprague’s Valley.
S e ttle r s were heart of as far west as the Arkansas River; so
Poland l e f t Sprague’3 Valley on the tw en ty -fifth and proceeded westward
twenty-two m iles to Suicide or Beaver Creek. The report sta tes that Poland
40
returned immediately to Elgin. This sudden return was in response to a
note conveyed
by a messenger.
Captain Poland remained in Elgin u n til
October 4 , when he marched baok to Beaver Creek by the way of F lat Rook Creek.
On the fifth , a sergeant with ten men patrolled Boavor Creek to i t s mouth
and found fiv e cabins.
From the Beaver Creek region, Captain Poland v isite d Arkansas City,
39
See maps facing pp. go-”* T.C0*
AO
The w riter presumes the tw enty-sixth, because Beaver Creek was
not reached u n til 9:25 o’clock on the evening of the tw en ty -fifth .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
236
where he net Surveyor Ifejc Fawoell, who had ju st fin ish ed running the th ir ty seventh p a r a lle l from the big "tree" at E n n isville to the Arkansas Hiver.
Fawcell explained the auartor-mile detour in Sprague*a V alley by sta tin g
f,
t
that at a certain place the surveyor’s compass would not work, so a supple­
mental lin e was run north and past the obstruction, then the true lin e was
taken, up again*
Captain Poland returned to Elgin again on October eigh th .
While
here he heard o f tvro bachelors on Bird Creek, but he passed them up*41
On
the tenth he returned to E n n isville and found that sickness m s s t i l l
ex isten t in the Donaldson settlem ent, and he granted additional time to
the Dyer, W illiams, and Farley fam ilies*
j
On October tw e lfth , the town o f
i
Parker m s reached, and on the twenty-third Captain Poland returned to the
camp from where he o rig in a lly s e t out, having been absent almost s ix weeks*
In commenting upon the removal expedition, Captain Poland stated
1 that h is hardest job was to inform tho s e tt le r s where the lin e m s located.
But in doubtful cases tho captain reports that ho "cheerfully” sh ifted the
re sp o n sib ility of lo ca tin g the lin e to tho s e t t le r s , because they had
boasted they wore going to force tho Osages out of the new reserve.
resp o n sib ility for the intrusion was placed by Captain Poland upon
the United States Government,
ike d irect cause of in tru sion , according to
i him, was that tho lin e had never been surveyed as provided fo r in the
Cherokee Treat-/ of 1866, and that a t the time of the removal of the in Ankrusv, a long and w ell known resident of Pawhuska, Oklahoma,
: m y have been one of the men alluded to in th is report* lie informed the
-writer that at th is time he was "baching" in a one-roam log house which
stood about where Soderstom's Grocery store is now located on Kihekah S treet
in Pawhuska* Ankrum was engaged in herding hogs in Bird Creek bottom but
on account of the s o ld ie r s, returned to Cedarvale, Kansas. Another ex-in ­
truder, CUal Byers, told the author that his fam ily at th is time moved back
in to Kansas, "just over the line*"
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237
traders the lin e was very obscure*
L astly, the report s ta te s that during the en tire removal opera­
tio n s , the moral e ffe o t of the presenoe of the troops was enough to m otivate the removal of th e intruders, and force was never used.
42
The o f f i c i a l m ilita ry report on the su ccessfu l removal of the
intruders does not harmonise with the statements of one of the intruders
who liv e d a t Dyer’s ford in the Donaldson settlem ent.
Captain Poland’s
intruder removal expedition, according to th is settler,w a s a fa ilu r e .
Ee
sta te s that "Hot very many o f the s e ttle r s l e f t a t that time . . . . they
were loath to give up a place where they had b u ilt su b stan tial improve­
ment, and a place they ca lled home . . . . .
The r e c a ll of these troops ended
th is l i t t l e incident; so we remained where we were, and during the year
of 1871 proceeded to put out another crop . . . . . "
The s e t t le r s , aooording
to th is ex-intruder, "were only ordered out" in 1870 and "were not molested
43
by tho troops . . . . .
Agent Gibson in te r e stin g ly commented upon Captain Poland’s re­
moval of the intruders as neglected protection wherein the government had
been careless o f i t s
o b lig a tio n s, and in d ifferen t both to i t s honor, and
to the rights of the Osages.
The speculative mood of h is righteous mind
ran thus:
I f the strong arte of the Government is not con­
tin u a lly extended along the lin e of Kens a s, the same
unscrupulous, mercenary, and p o litio a l elements that
in the past have brought disgrace upon the S tate, by
a cruel and unjust treatment of i t s Indian population,
^Poland to Smith, Oct. 29, 1870, in Dept.of Mo. F ile 1870, U25,
V i/D R , H A ..
Dyer, F irst VJhite Settlem ent, pp. 8f , 14f.
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238
w ill deepen th at disgrace by forcing an occupancy
in the Indian Territory. That ground should be
held saoredly as a sh e lte r to the poor Indian from
h is rapacious enemies . . . . . God speed the day when
the rights o f the red men may be held in the public
conscience sacred as those of white and black. 44
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^ H . Ex* Doc. Ed. 1, 42 Cong. 2 s e s s ., Ft* V, I (1505), 902.
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CHAPTER IX
UtiS RKMOTTAL COUNCIL
The lo ca l atmosphere in which the removal coun cil opened i s no
longer a fam iliar Osage scene.
!
When the Osages came in from the hunt,
cabin agency.
1
j
they put up th eir wigwams about h alf a mile from the log
I
Just outside of the wigwams horizontal poles rested on v e r tic a l uprights.
On the frames "jerked" buffalo meat, strip s approximately tv.elve inches
!
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long, were hung.
Around th e wigwams, w hich w ere made o f p o le s , canvas,
and buffalo sk in s, were many dogs barking and yelp in g.
The Osages "Wore
very l i t t l e c lo th in g - t h e i r s k in s were m o stly p a in te d , and they had sca lp
locks on their heads and feathers in th e ir h a ir.
with th e ir n ice brown skins and p ain t, of red
and yellow , ridin g on . . . .
l i t t l e Indian ponies", without a saddle or b r id le .
by a leather thong tiod to their lower jaw.
They looked very fin e
The ponies were guided
2
Amidst th is primeval Osage atmosphere, which was tru ly flamboyant,
*A. II. Gibson, a son of the agent who was ten years old a t the
time to ld the w riter that th is one-room log cabin was also th e ir home.
The family consisted of f iv e .
2
"The story of the trip of John V. Farwell, Jr. (aged 11 years)
to Kansas, in August, 1870, with h is father and John D. Lang and Vincent
Colyer, o f the Board of Indian Commissioners, ordered by President Grant",
MS, in a fold er marked "Parsons Osage L etters", Osage Museum, Pawhuslca,
Oklahoma. ■. copy o f th is unpublished manuscript may be seen at the New­
berry Library, Chicago, I ll i n o i s . Hereafter cited as Farwell MS.
239
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240
i the f ir s t formal meeting of the removal council was held on Friday, Septem­
ber 9, 1870.
For th is important occasion .igent Gibson b r ie fly wrote;
’’had
3
f i r s t council before Ds with Osages & Corns..—Cons..explained B i l l l. .'poke
t i l l a fte r dark—I net with chfs t i l l midnight—no conclusion —1,4
Saturday, September 10, was one of the greatest days in a l l Osage
h isto ry , because "at noon they decided to accept the B ill."
5
At th is h is ­
to r ic Osage assembly "All the tr ib e s, and bands of the Great and L ittle
Osages, —nearly twenty-eight hundred, excepting Watanka, or young ClarI
more’ s bond, were represented by the ch ie fs and headmen. . . .through th eir
S Governor Joseph Pra ne pro pah she [ Paw-ne-no-paahe], consented to the act
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j of Congress agreeing. . . . to remove into the Indian T erritory on lands
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selected for them, Immediately on the lin e west o f 96° at 50 cents per
3R. Vf. Dunlap founded Montgomery City at the mouth o f Drum Creek,
a few m iles southeast of Ind pendence, Kansas, in 1869. (History of the
State o f Kansas (A. T. Andreas, Chicago, 1863), p. 1583).
Dunlap was born in New York, u p -state, in 1838. He stopped at
Council Grove in 1851 enroute to C alifornia. At Council Grove he worked
as a blacksmith. Later he became a trader among the Osages at the towns
of Big Chief end Hard Rope on the Neosho River about f if t e e n m iles below
Council Grove, He learned to speak Osage exceedingly w e ll and was given
the name of Pah-hop-pa (White Corn), because he was always eating popped
corn when not at work. ( "Chal Byers Begins Story o f P. H. Dunlap," The
Cleveland iPierican, Sept. 16, 1937).
At the time o f th e removal cou ncil, Dunlap had ju st so ld h is store
at Montgomery to Dose Neal,
4
Isaac T. Gibson's Diary, 1870, September 9, an unpublished nianuscrip t in tho Isaac Y. Gibson Papers, a private c o lle c tio n owned by A. H.
and T. S . Gibson, 607 Grandview, Pawhuska, Oklahoma. Hereafter cited as
Gibson’ s Diary.
6
Report o f the Committee of the Board of Indian Commissioners,
Jan. 3, 1871, MS., in Neosho F ile 1871, CIS, IOR, Na, For the meaning of
j symbols see L ist of Symbols. The date and month as given in t h is document for
i the acceptance of the b i l l are both wrong. The date given i s august 11.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
241
The reported proceedings of t h is important day deserve sp ecial
atten tio n .
The Osages, under the d irection o f th e ir marshall, .hi-sha-pe-
she, assemhled at 2:45 under a big elm tree to accept or re je c t the b i l l .
They were seated in a sem i-circle around the committee, superintendent,
7
and agent.
a vast number of unite s e t t le r s were present to witness the
council proceedings.
The secretary of the committee, vincent Colyer,
opened the council on Saturday evening by invoking the b lessin g s of Diety.
Superintendent Enoch Hoag began the council proceedings by answering four
questions that were propounded by the governor and other 0sages.^
substance the questions were:
In
Would the Osages be protected in th eir new
home? Would th eir money be paid to them annually, or as they wanted it?
Would the Osages be permitted to have th e ir own regulation s in th eir new
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A woman who was w ithin th ir ty fe e t of the committee and Osages
while they were holding th e council apparently did n e t soe the b ig elm
tr e e . "The tent was an oval round one and blankets were spread on the
ground and in the center of the b ig tent was an iron pot containing dinner.
The Indians were dressed in blankets or in costume b e fittin g the occasion
and they and the whites were seated a lte r n a te ly . The Indians then l i t and
passed around a big pipe, on which each would draw a puff of smoke and then
pass i t on to the nest p a rticip a n t.................." (Mrs. Sarah DeVore, "Pioneer
Independence, Kansas Woman was Present when Osage Treaty was signed",
Kansas H isto rica l Clippings, 71, 234f, KSHS; Journal P ost, Feb. 14, 1926).
There was a youngster from Chicago at th e council who made an in­
te re stin g observation. He d eclares that the council "was held under a big
elm treo . . . . the Indian c h ie fs s it t in g around in a c i r c le , with pipes
of peace in th eir mouths smoking, with a f ir e in the center, and the white
man, including my father, Mr. Colyer, Mr. Lang and n y se lf, a l i t t l e b it to
one sid e. The Chief of the Indians was ca lled "Chief Joseph" . . . . .
He sat at the head of his c ir c le , a l l decked out in h is Indian barbaric
dress, and on his head he had a cap, something lik e the pope's m itre, which
was made e n tir e ly out of the head of red-headed wood-peekers sewed together.
I t certain ly was a very impressive and sta r tlin g head-dre 3s , which made him
look quite fie r c e ." (Harwell MS).
8
While the solemn removal council was in progress a group of Osage
and white boys, about six or eig h t years o ld , were p la y fu lly engaged in a
game o f tug-of-war. ( Journal P o st, Feb. 14, 1926)\
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242
home?
Could the 0sages have same of the money which was appropriated
for th eir re:aval expenses paid to then immediately?
To the f i r s t question the superintendent was as clever as he was
p o sitiv e and d e fin ite in h is affirm ative answer.
On th is question of in­
truders he read A rticle 27 of the Cherokee Ire at y of 1866:
"All persons
not in the m ilitary service of the United S ta tes, not c itiz e n s of the
Cherokee Nation, are to he prohibited from coming into the Cherokee Nation,
or remaining in the same . . . .
and i t is the duty of the United States
Indian agent for the Cherokees to have such persons, not law fully residin g or
i
sojourning therein, removed from the nation ................. Then he read his
j
telegram of .'September 2 from the O ffice of Indian /iffa ir s which stated that
!
troops were then in southeastern Kansas for the purpose of removing the in -
iS
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traders^®
The Osages indicated that th is explanation was sa tisfa cto ry .
To the second question* the superintendent framed a mild r e fu sa l.
Be said,
"on your new home, you w ill have your coun cils, where you w ill advise as to
the d iv isio n of your funds. . . . .
agent. . . . ."
You may decide under the advice of your
I t was also added that the Great Father had always tried
to abide by th eir d esires and would probably continue to do so.
I t is clear
on question number three that [Superintendent Hoag eith er hesitated to give
an answer, or e ls e he did not understand the question.
Obviously the
Osages wanted to know about control of th eir own tr ib a l a f f a ir s .
In h is
answer the superintendent rambled away from the point by t e llin g the Osages
about th eir right to participate in the Grand Council, an in te r -tr ib a l or­
ganisation for a l l tr ib e s w ithin Indian Territory.
On the fourth question
g
Charles X. Kappler (Comp), Indian A ffa ir s; Laws and T reaties, 2 e d .,
(Government Printing O ffice, Washington, 1904), I I , 949f.
^ F or a copy of th is telegram see p. 228.
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243
the answer vjss y es, but.
amount and tin e .
"Yes’’ vras sub hreg to lim ita tio n s both *3 to the
On the amount, Hoag told the Osage3 they could have one-
fourth of the removal fund, but th io :aaount night bo increased to one-half
if
the agent approved,
a .',
to tiv a ,
ifo a .;;
explained
to
the Quap e s that tna
ztonay could no a be paid to thorn iarced la te ly , but that iJennisaion would have
to be obtained from '.Vaahington, which would probably require a month.
In order further to f a c ilit a t e the removal n egotiation s v;ith the
Osages, the superintendent then to ld them that he had th e ir f a l l annuity
payment and al3o some presents con sistin g of food, cloth in g, blankets, ca l­
ico , sugar, tea , and c o ffe e, a l l of which he would give them before they
^ . 11
separated.
Joseph Paw-ne-no-pashe, the governor of the Osages, spoke a fter the
superintendent.
He reviewed the h istory of his tribe and recited the wrongs,
past and present, that the Osages had suffered.
Governor Joe said that the
Osages were w ell pleased with the price they were to receive for th e ir land
in Kansas, but that he wanted a paper to show that they would not be intruded
upon in th e ir new home in Indian Territory.
The p riv ileg e to hunt upon the
land west of the Arkansas River vrus requested by the governor, because he
said nothin-; would grov; upon i t .
The proviso in the b i l l reserving section s
^■September•2, the superintendent had telegraphed The Jouanissionor
of Indian ..ffa ir s for .permission to make the f a l l payment w hile the committee
vras meeting v;ith the Osages. He expressed it as his opinion, in the te le ­
gram that to make the payment during; the council would g rea tly f a c ilit a t e the
acceptance of the b i l l by the Osages. (Hoag to Parker, Sept. 2, 1370, in Neo­
sho F ile 1370, H1405, IQR, N.,). Before the superintendent promised the Osages
th eir f a l l annuity payment, he had probably received the approval of the Com­
m issioner o f Indian A ffairs. The semi-annual payment o f $7,500 was made on
Ponday, the tw elfth , which according to the Osage payroll made a par capita
payment of 32.25. (Osage ,jm uity R o lls, 1867-1875, M3., in Central Superin­
tendency Voucher No. 1, Abstract 17, Sept. 12, 1870, luK, 1; .) •
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244
s i x t e e n and t h i r t y - s i x o a t o f th e J .-a ..• r e s e r v e
p u r p o s e s d i d no.' p l e a s e --u'.'ornor l o o .
e i t h e r pay t.ie O sages f o r t n i a i n f ,
to r y in p i
jo o i
it,
-oovoruor Jo v
to n a n s a c f o r
n ilic
sch o o l
rta th o u g h t th e " G re a t F a th e r " s h o u ld
o r .fiv e tn o u .sore la n d i n I n d i a n T e r r i ­
u .lsq
th o u .•/»t n a s t th e use.,yes s h o u ld be
reim b u rsed , for th e t i m b e r tu h o n .-mid d e s t r o y e d , f o r n h
t h a t had been
s t o l o n , one. f o r a l l o t h e r l o s s e s t h a t th e s e t t l o r s hud i n f l i c t e d upon t h e
O sag es.
B i s H i l l J o e , a s he iu a f f e c t i o it a t e iy rem em bered by tiio s e who
him , iru s t iivive b e e n a n a b l e ,
extenpoiuueouo sp eu irer#
c u s s e d w ere w e ll i j r a a :ed and p e r t i n e n t ,
ls a v o c n o th in .': to b e d e s i r e d ,
m ew
The t o p i c s he d i s ­
i li a lo g ic i n p r e s e n t i n g them,
.nod when th e xve s p o . i s i b i l i t y o f announcing
th e a c c e p ta n c e ol' t h e r e m o v ;! b i l l d e v o lv e d upon t h i s n o m ad ic , b u f f a l o
h u n t e r be performed t h a t d u t y w i t h a l u c i d i t y se ld o m e q u a le d .
H ear th e
g o v e rn o r c l o s e h i s e p o c h a l s p e e c h :
My friends vxe now already have been se v e r a l days
consulting on t h is , that you have la id before us. Now,
a fter a long time, we have consented to l e t th is b i l l
pass, although these lands are very dear to u s. be want
when we ,.p to our new homos, to have i t to ou rselves,
and the >:hi toman to stop here, ye want you, and a l l the
w hites to understand i t . . . . , he have drawn up a
paper, which we want to carry to the Great Father at
Washington.
The paper to which Governor Joe alluded in h is speech was a potitioA *2
which the Osages hud prepared in a private council before form -lly accepting
the removal b i l l .
part,
The .substance of the p e titio n wan r e v i s e d , for the moat
by Governor Joe. The p e titio n or memorial stated th at the Osages wanted
'more land than the b i l l provided; they wanted the preferred protection from
■k^rhe manuscript o f tne Oca e p e titio n i s :n "enclosure" in
Report of the Committee of the Foal'd of Indian Commissioners, Jan. 3 , 1871,
biS., Neosho F ile 1371, 013. .'JLso printed in , H.
Doc. Ho. 151, h i Cong.
3 s e s s ., XII (1460), 2.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
in cornier u n t i l i n a y sn oul'i r ; . xn t ... ehuiiun; th e y r a n t e d the s:iiue number
of
.cron
t-u c
o:
\-y
hi. f o r
Lsn/iuc k t o
o: , La a d d i t i o n to a... 1: r e :ul.-.r ro a: r~-'s, us the
r a c isre f o r
r b r ic school purposes;
chey w a n te d th e
r i g h t t o h 's tt h u f f u l o on fcne p l a i n s c o n tin u e d ; t h e y r/ar.ted t o se n d d e l e g a t e s
to f a s h i n . ’to n to r e d r e
th e ir u r n ; ? ;
th e y w anted to s i g n the h i l l r i u h
th e unde r o t a i d in g t h a t t h e eorniiivhse ana t u o i r f r i o /i d c w-ould u j s i s t th e
C ... -on i n see u - ia r the r e a u s u t a out f o r t h in th e p e t i t i o n .
The p e t i t i o n c a n n o t c o r r e c t l y bo c o n s id e r e d a n y th in :; o t h e r t h a n a
rs.V aeot f o r iaodi f l o u t i o n , o r a ia s n d m n t o f t h e re m o v a l b i l l ,
t r u e t h a t th e O sages sh o u ld n o t h av e s ig n e d
d h ila i t i s
th e b i l l u n t i l i t had b e e n
c h a n je d t o s u i t th a n and t h e e o a iiiitta e d i d n o t h a v e a u t h o r i t y t o mahs any
c h a n g e s , th e p e t i t i o n does, i n d i c a t e t h a t t h e r e w as not- a harm onious- m e e tin g
o i i'linds nfc t h e c o u n c i l .
b ill,
I t i s a ls o tr u e
i t c r.s th e l u s t v.ord so f n
t h a t o n ce tiie O sages had s ig n e d th e
a s Xsacs was c o n c e r n e d .
t i o n vras ju s t, so ...uch v e r b i a g e , b u t h i s t o r i c a l l y
tu d e o f th e 0;-.;.ges on t h e i r re m o v a l fro m K a n s a s .
L e g a lly , th e p e t i ­
is p re s e n t8 th e tru e a t t i ­
T h e re c a n be no d o u b t
t h a t two n a rib c rs o f t h e a x .w tltte e view ed t h e c o n t e n t s o f th e p e t i t i o n as
j u s t and r e a s o n a b l e ,
Jo h n D. Long and V in c e n t C o ly e r w ro te on th e p e t i t i o n
a s t h e i r e n d o rs e m e n t, 5*Tho above p e t i t j . c n i e raco;a:;ended t o tiB f a v o r a b le
c o n s i d e r a t i o n o f t h e . ’r e s i d e n t and S e c r e t a r y o f t h e I n t e r i o r . "
1^
The S a tu r d a y s o r-s jo r of aha c o u n c i l e n d e c r i i h a f .-.rev,ell from
°Thy t r i a d member o f th e c o i.u u .tte e , Jo h n V. F .r rw e ll, p r o b a b ly d id
n o t e n d o rs e t h e O sage p e t i t i o n f o r t h e r e a s o n t h a t he had a lr e a d y d e p a r te d
f o r C h ic a g o . " F a r r e l l S t a r t e d home t h i s j n r g . . a t 1 0 ."
(G ibnon’ s Di.’ir y ,
1870, S e p t . 1 0 ) .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
?A£>
C o ly e r.
He s a id :
"’Via have done
a
a re a t \ a r k f o r you, -Aixi we ..’e e l croud
t n a t you h a v e behaved so v .o l l, and I s h a l l n l a - 3 rem em ber y.,.u 'o r k i n d ly
s ig n in '.; t h i s p a p e r , and hone y.ju v. i l l
and harm ony oao : 1 th a n o th e r ,! "
The h naJter
o co y o u r honies, and l i v e
in p eace
14
‘'ra n t T or t h e 0n--.?<?£- r e c o r d e d b r i e f l y
zm
dram > tie
e v e n ts o f th e l a s t day o f th e c o u n c i l i n t h i s lu n o n er. ‘’a t 1 n e t u n d e r t i e
B iy J im & made S p e e c h es answd c iu e s tio n s & made o u t p e t i t i o n s t i l l d a rk —
a t 3.7 to 10 f o u r p r im e ..C h e f s & j o v . . s e v e r a l o t h e r s s ig n e d t h e B i l l — th e
de e d i s done & now f o r t h e B io s sin.-; o f D iv in e G oodness on i t & i t s f u t u r e - H ow ever, t h e c o u n c il d i d n o t r e a l l y end on S a tu r d a y , S e p te m b e r 10 ( 1 3 7 0 ),
P r o b a b ly w luit ra ig h t he te rm e d a p o s t c o u n c i l m o o tin g was h e l l by V in c e n t
C o ly e r on iionduy, t h e t w e l f t h .
16
The c o u n c il on Monday, a c c o r d in g to A ppendix L , an d th e c o m m itte e ’ s
r e p o r t , w as h e ld to a c c o m o d a te t h e B la c k Do? and C lu r a o r e
not appear u n t i l th a t day.
17
b a n d s who d id
T h is e x t r a s e s s i o n mot a t 9 :4 5 , vmhen C o ly e r ex ­
p l a i n e d t o t h e n e t.ly a r r i v e d O sayos t h a t th e re m o v a l b i l l had
;ro;m o u t o f
t h e S t u r ^ a s T r e a ty and t h a t t h e g o v e rn m e n t th a n p ro p o se d t o buy a l l o f
t h e Osage la n d and pay s i x
tim es as much f o r i t .
^ a p p e n d i x L ( c l i p p i n g s , one p ie c e o r S e c t i o n i s d o s i n g , fro m th e
In d e p e n d e n c e P i o n e e r , S o p t, (n . d . ) , 1 3 7 0 ), D e p o rt o f th e C u a n i t t e s o f th e
B oard o f
I n d ia n G ow m iaoianors, I a n . 3 , 13 7 1 , I B . , i n n e o sh o F i l e 1 3 71, C IS ,
I Oil, K-i,
F o r a r e p o r t o f th e s p e e c h e s o f th e c o m m itte e : V in c e n t C o ly e r,
Jo h n v. F a i-w e li, aucl Jo h n I . Long:, a t t h e c o u n c i l a e s ha.,is.;o I k d l y s t a t e
■Record, S o p t. J 5 , 1870; K ansas D a ily T r ib u n e , S e p t . 1 5 , 1 8 70,
15
G ib s o n ’ s D ia r y , 1 8 70, S ep tem b er 1 0 .
15
Jo h n D. Lang and _noch Hoag d e p a rte d fro m t h e a y e tiey on Sunday,
S ep tem b er 1 1 . Gibson* s D ia r y , 1 8 7 0 .
17
e u t G ib so n r e c o r d s in h i . cli.-.ry t h a t i t -..-as th e Bir, C h ie f u s i
B la c k Dog
b an d s t h a t a r r i v e d on holiday S ep tem b er 1:;.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
2 47
B la d e Dog* s c o u n s e l o r , "Tav;-t _'i-*k.i''
c h -ti-a n -k u ),
TF
s ta te d th e ir
band d id n o t know t h e c o o a i t t e e was a t tn e ag en cy u n s i l to ro o d a y s b e f o r e .
He th e n i n s i s t e d t h a t n i s band sh o u ld 1i_ve bad so m e th in ;; to say a b o u t th e
" t r e a t y . " 19
The s u b s ta n c e o f t h e s p e e c h e s o f t'a j O sages a t t h e e x t r a s e s s i o n
'.-/as t h a t t h e y d e s i r e d more la n d
th a n th e re m o v a l b i l l 'p ro v id e d .
They
w an ted t h e i r new r e s e r v a t i o n i n I n d ia n T e r r i t o r y t o e x te n d t o th e s a l t
p la in s «
The two b a n d s r e q u e s t e d p e r m is s io n to h o ld a p r i v a t e c o n f e r e n c e
and p ro m ise d t o make a r e p o r t in two h o u r s ,
when th e y d i d n o t r e p o r t a t
th e end o f two h o u r s , C o ly e r a tte m p te d t o h u r r y th e O sa g e s i n m aking t h e i r
d e c i s i o n b e c a u s e he was v e ry a n x io u s t o le a v e t h e a g e n c y in o r d e r to c a t c h
a tra in .
l y ,.
I n h i s h a s t e h e s u g g e s te d t h a t t h e O sages s ig n t h e b i l l im m e d ia te ­
B la c k Bog’ s c o u n s e lo r ,. " w a n -tu n -k a " ( B a h - t i - a n - k a ) ,. rem ark ed , t h a t h e
th o u g h t i t w as to be a lo n g c o u n c i l and t h a t he w as s o r r y C o ly e r c o u ld n o t
s ta y .
Out o f t h i s unhappy s i t u a t i o n came u n n e c e s s a r y , s h a r p w o rd s.
y e r r e p l i e d , i n th e form o f a u ltim a tu m , t o th e c o u n s e l o r .
m ent was s ta g g e r in g :
g o in g .
C o l­
H is p ro n o u n c e ­
"You c a n s ta y a s lo n g a s y o u w is h , b u t we m ust be
Y our p r e s e n t s w i l l b e h e re i n t h r e e d a y s , . . .
a s f o r your n o t
^ T h a o f f i c i a l r e p o r t o f t h e c o m m itte e h a s t h e name s p e l l e d " b a t a n k a " and s t a t e s t h a t he w as t h e h ead c o u n s e lo r o f t i e " L i t t l e C laym ore" b a n d .
A /tent G ibson s p e l l s th e name m.V ytanka". B ut a s t o th e i d e n t i t y o f th e i n ­
d i v i d u a l t h e r e c a n b e no d o u b t, s i n c e a l l t h e s e s o u r c e s a g r e e t h a t t h i s i s
th e Osage t h a t a s s e r t e d h i s d i g n i t y by c o m p la in in g t h a t he was n o t c o n s u lte d
b e f o r e t h e re m o v a l b i l l was s ig n e d on S e p te m b e r 1 0 . a n o th e r s p e l l i n g i s
Y'.Fa h - t a n k - k a . " ( T a l l y K ansas S t a t e 2 s c o r d , S e p t . 1 7 , 1 3 7 0 ) .
^ .V ytanlca p i t c h e d i n t o C o l y i e r Sc t h e r e 3 t a b o u t S ig n in g . B i l l b e f o r e
he came— * (G ib so n D ia r y , 1 8 7 0 , S e p t. 1 2 ) . S e v e r a l y e a r s l a t e r - i h - t i - a n - k a
was d e s c r i b e d by a g e n t 01bson a s t h e m o st f o r c e f u l man i n th e Osage t r i b e .
See h is p i c t u r e o p p o s ite p .2 5 8 .
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I
248
[
s ig n in g i t ,
|
j
j
1
j
enoncdi o f th e C h ie f s , headm en, and h a l l '- dr e e d s , have s ig n e d i t to make i t
s i g n i t o r n o t I h ave no tim o to t a l k .
|
j u s t as you p l e a s e . "
(
t h a t w i l l m ice no a in f e r e n c e i n th e r e s u l t .
a la;*/, a l r e a d y .
iI
■
Hie r e s u l t and v a l i d i t y o f i t
The g o v e rn o r and
th e gains, w h e th e r you
J i t h e r s ig n i t o r l e t i t a lo n e ,
To t h i s c u r t an d i n d i f f e r e n t a l t i t u d e th e o ld c o u n s e l o r f o r B la c k
i
i!
I
Dog p h i l o s o p h i c a l l y r e p l i e d :
" I t h i n k you c a n w a i t t i l l we -.ck o u r s e n a
f e w - q u e s t io n s , and t h e n you c a n t r a v e l a l l n i g h t — go th e o c e a n ,
i f you l i k e . "
A f t e r t h i s u n f o r t u n a t e e p is o d e and a f t e r f u r t h e r c o n s u l t a t i o n among
th e m s e lv e s th e two b a n d s o f O sages a g re e d to s i g n t h e b i l l
20
an d th e n " C o ly e r
|jwas]o f f t o L ad o re a t 4 w i t h C r i s s —
JThe s i x b a n d s and t h e i r c h i e f s who a c c e p te d t h e re m o v a l
b i l l w e re :
J
t h e b ig H i l l b a n d , F o - w a n - g e - h i; t h e / .k it e H a ir b a n d , C h e -u h o -w a h -ta h -n e -k a h ;
|
t h e L i t t l e Osage b a n d , H o -p a -w a h -la ; th e B la c k Dog B and, B la c k Dog; t h e H a lf -
I
b r e e d s b a n d s , no c h i e f l i s t e d ;
th e Old C la re m o n t b a n d , C la rm o n t.
From S t . L o u is C o ly e r s e n t a te le g r a m
OO
(S e p te m b e r 14) t o t h e S e c r e ­
t a r y o f t h e I n t e r i o r i n w h ic h he r e p o r t e d upon t h e c o u n c i l w hich had j u s t
|
1
ended.
The S e c r e t a r y o f th e I n t e r i o r w as in fo rm e d t h a t t h e c o u n c i l w as h e ld
J
on Drum C re e k and was a t t e n d e d by a l l t h e headm en o f t h e Osage N a tio n ; t h a t
|
a l a r g e c o n c o u rs e o f w h ite p e o p le w ere p r o s e n t , b u t t h a t t h e b e s t o f f e e l i n g
.Appendix L ( c l i p p i n g o f t h e In d e p e n d e n c e P i o n e e r , S e p t . ( n . d . )
1 8 7 0 ) , R e p o rt o f t h e C om m ittee o f t h e B oard o f Indium C o m m issio n e rs, J a n . 3 ,
1 0 7 1 , ] £ . , in F i l e 1 8 7 1 , C13, I0R , HA.
21
G ib s o n 's D ia r y , 1870.. S e p t . 1 2 .
22
A ppendix K, R e p o rt o f t h e C om m ittee o f t h e B oard o f I n d ia n Com­
m i s s i o n e r s , J a n . 3 , 1 8 7 1 , M S., i n Neosho F i l e 1 3 7 1 , 0 1 3 , I0R , HA,
The
s p e l l i n g i n Appendix Y h i s not b - e n c o r r e c t e d . To t h i s r e p o r t w h ic h only
shows s i x b a n d s A gent G ib so n added t h e B ^ av o r band and l i s t e d G eorge B e a v e r
an c h i e f .
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249
prevailed and a l l seemed, pleased with the r e su lts of the council,
.So presents or other temptations, reported Colyer, were used to
get the assent of the Osages to the removal b i l l which was accepted on i t s
m erits.
This statement seems untrue in view o f the Osage p etitio n which
preceded the acceptance o f the removal b i l l and which was in fa c t a re­
quest for m odification o f the b i l l . 23
But no defense can be made for the
■.eal. aamar in which that d esire was manifested.
The distinguished a r tis t who served as secretary of the committee
closed h is telegraphic report by s ta tin s that the Osage ch iefs were eloquent ?4
The o f f i c i a l report of the committee on the removal council was made
to the Comioissioner of Indian if fa ir s on January 3, 1871.
On January 31,
the Commissioner of Indian a ffa ir s reported at length on i t to the Secretary
of the In terio r.
Item.by item the p e titio n of the Osages as submitted be­
fore signing the removal b i l l was discussed by the commissioner, ’Sly S.
Parker.
He pointed out that both the ;.ct of July 15, 1870, and the Cherokee
Treaty of 1865 lim ited the amount of land that the Osage3 could s e le c t for a
new home.
"The quantity sp ecified . . . . i s moreover deemed su ffic ie n t for
a l l the reasonable wants or requirements of 3uid Indians", reported Parker.
The Osage request for a formal treaty expressing governmental protec­
tio n from white intruders ?ras opposed by the commissioner.
He stated that i t
was the policy of the government not to make any more tr e a tie s with tie various
ort
3&q p. 244.
24tiQtif Telegram:Colyer to Cox, Sept. 14, 1870, 83. , in Ifeosho F ils
1370, 11560, I0K, Nu; Report o f the Committee of the Board of Indian
Commissioners, Jan 3 . , 1871, C13, IOR, Hu.
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250
Indian tr ib e s .
He was opposed to making such a treaty, because he thought
a trea ty upon the subject 'was e n tir e ly 'useless,
as evidence of h is con­
ten tion he cited Section 10 of the act of June 50, 1 3 5 4 ,^ which provided
for the removal o f a i l parsons found in the Indian country contrary to law.
By tn is act Parker reasoned that the President could U3e m ilitary force to
e ffe c t the removal of intruders i f necessary.
Parker further cited Section
2 o f the act of June 12, 1858, ^ which empowered the Indian Commissioner,
with the approval of the Secretary of the In te r io r , to remove from any
tr ib a l reservation any person found thereon contrary to law whose presence
was detrim ental to the peace and welfare of the Indians.
This act also
provided that m ilitary force might be used fo r such removal.
The treaty
item in the Osage p e titio n was dispensed with by saying that he thought
the statutory provisions which he had cited were ample p rotection and guar­
antee to the Osages against white intruders.
The Osage request that they be permitted to con trol some of th eir
funds wa3 considered by the Commissioner of Indian Iffa ir s as being too
in d efin ite to merit a recommendation.
Parker was favorable to the request that the Osages be allowed to
hold th eir land in common.
To the Osage request fo r compensation fo r the
Osage lands reserved to the State of Kansas fo r public school purposes by
the removal b i l l , Parker readily agreed.
He thought the request was just
and proper and recommended that Congress be asked to give the matter favor­
able consideration.
As to the right requested by the Osages to hunt buffalo
2t>4 S ta t. L ., 729.
27
11 S ta t. L ., 332.
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2 51
on the public lands of the United s ta t e s , iVrker reported that he thought
the p r iv ile g e should be granted,
'i'he p e titio n also contained a request to
send an Osage delegation to aisnington to attend to th e ir business.
Parker
stated there were no funds available fo r the purpose, but that when funds
were available he thought the Osages should be permitted to send delocations
to Dashington.^®
The Secretary of the Interior referred Parker’ s report to the
Speaker of the House of Representatives on February 11, 1871, and called his
a tten tio n to the fact that the u»t of July 15, 1870, reserved sections
teen and th ir ty -s ix in each township of the Osage reserve
s ix ­
to Kansas for
public school purposes without providing any payment fo r the same to the
Osages.
The e th ic a l question of vfcether an ob ligation ex isted on the part
of the United S ta tes to pay the Osages for the school land 3 reserved to the
State of Kansas was l e f t for th e consideration of Congress.®®
The school land question which the Secretary of the Intorior, Col­
umbus Delano, ’’l e f t for the consideration of Congress" was no small matter.
The t o ta l amount of Osage land sold under the removal act of July 15, 1870,
was 8,000,000 acres.
30
Of t h is amount the act roserved to Kansas one-
eighteenth or 44,444- acres fo r public purposes.
it one d ollar and twenty-
fiv e cents an acre th is amount would have brought $555,555.
I t was not u n til
^^Parkor to Delano, Jan, 31, 1871, MS., Report Book No. 20,
(Sept. 10, 1870—Sept. 8 , 1871), pp. 143-150, I0R, Ml; H. Sx. Doc. No. 131,
41 Cong. 3 s e s s ., XII (1480), 2-5.
29
Delano to James S. Blaine, February 11, 1871, j£3., Record of
Letters Sent (Secretary of Interior) l'nd. Hi sc. Book No. 10, 1870-78, pp.
168f, IOH.Nl.
30
See snap facin g p. 29.
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232
to n y t a r a l a t e r (1880) t h -t Con.-ress g a s s e d on a c t to guy th e 0 o .-;b j
;r
the s c h o o l la n d .31
J u s t how and when th e c o u n c i l u is c a n s io n cook g l ^ e e in v o lv in g the
p r i c e to be p a i l to th e Cherokees f o r th e new Osage rcooi-va in 'In d ia n T e r r i­
to r y i s n o t r e v e a l e d .
The d i a r i s t says th a t on .-.ugust S I, 1370, " C o l..
Van curae t h i s i*r£..& w ants 1A
. $ p e r aorc f o r th e se l a nd—
The r e p o r t of
th e committee s t a t e s th a t th e re v a s much d is c u s s io n upon cho q u e stio n ox*
p r ic e , bu t no d a te o r d is c u s s io n is g iv en .
The r e p o r t sim ply s t a t e s th a t
the committee ex p lain ed i t s i n s t r u c t i o n s , and th e 0sage3 f i n a l l y agreed to
pay f i f t y c e n ts p e r a c r e .
The n e g o tia tio n s on p r ic e sosni to have passed th ro u g h
a sev e re c r i s i s , a t l e a s t f o r th e Osagas:
Col.Vann, a g e n t f o r th e Cherokees was e a r ly on
th e grounu lo o k in g o u t f o r th e i n t e r e s t o f h is people and
was z e a lo u s i n endeavoring to g e t one 25/100 d o l la r p e r
a c re f o r t h i s land from th e O sages. So e a r n e s tly d id .h e
p r e s s t h i s , th a t th e Osages seemed a t one t h e to be
f u l l y persuaded th a t th e y must pay th a t p r ic e f o r th e
new la n d s and t h is h in d ered our p ro g re ss c o n s id e ra b ly ,
Ve aucceodod however in s a ti s f y i n g th e Osages t h a t th e
P r e s id e n t would n fo* rtr make them -any more than f i f t y c e n ts
an acre . . . . .
The n e g o tia tio n s between tho Cherokee d e le g a te , C olonel Vann, and
th e O sages, r e l a t i v e to the p ric e o f th e Cherokee lan d in In d ia n T e r r ito r y ,
were elided by September I f , f o r on th a t d a te the Cherokee d c la -.ato w rote th e
31
21 f t a t . L ., 291f; R alph A. barney (Comp.), Laws o f Osage T ribe
of In d ia n s Prom May 13, 1324 to March 2 , c l9 l9 (The Osage P r in t e r y , P u b lis h e rs ,
Pawhuska, Oklahoirca, 1929), pp. 24f.
32
Gibson’ s D iary, 1870.
35
R eport o f the Committee o f th e Board o f In d ia n Commissioners,
Ja n . 3 , 1371, M3., in Keosho F il e 1371, C13, I0R, NA.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
26 3
Osage
:eiit as follow s:
I know that you have at heart the violf.ue o f th is
poeple [ s i c ] —you can e a s ily 366 the advantage o f having
then s e t t le th is mutter between themselves,
I know the Quays3 w ill agree to nothing but a low
pi’ic e —but no matter how -lor: the price agreed upon—I think
i t would be better to have the t-;/o Nations agree to i t ,
than to have the price set by the aoverruns a t, fo r then we
may expect more c o rd ia lity and cooperation. ?h ', price I
offered the Lands at was the maximum, and not having the
Heat o f Delegation with roe, I did not f e e l authorized to
make any oth er.34
From another le tte r in which Colonel Vann reported upon h is nego­
tia tio n s with the Osages to the ch ief of the Cherokee Nation, i t is certain
that
he did not try to close the deal with the Osages, but purposely kept
the price high and the question open for future discussion and negotiation.
His diplomacy, although clever, is obviousi
Herewith enclosed I have the honor to transmit
a copy of a communication addressed to the Chiefs and
Councillors of the Osages—in rela tio n to the price of
the lands west o f 96° upon which the United States Seveynmeat
f s i c ] proposed to lo ca te them, As no other member
of the delegation was present at the council I did
not f e e l authorized to do more than is indicated in
the communication refered to and attempt to keep the
question open as the same lands are included in the
negotiations now pending before the United States
Government—35
In a speech on November 11, 1870, Chief Lewis Downing o f the Charokee Nation told the Cherokee National Council that for various reasons be­
yond the control of the Cherokee commissioners, who had been appointed to
Vann to Gibson, Aug. fsept.J 12, 1870, in Gibson Papers, "C",
Same to same, in which sp ellin g and ca p ita ls have been changed, No. " a ”
in a c o lle ctio n of le t te r s marked "correspondence,” in CSF 1871, H47, IOR,
NA.
35
• C. N. Vann to Lewis Downing, Sept. 26, 1870, M3., in Cherokee
Foreign Halations F ile , 1155-B, Archives D ivision, 05HS. Col. Vann’ s
communication to the Osages could not be found.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
254
c o n fe r with, the Osages upon th e purchase of la n d in In d ian t e r r i t o r y , the
o
nj.
ci 1 0
-
■ .
t u
.
...
o l ' ^ o e
.
^ C
e l .
o* .
a'*.
/ a o p
c
a
m
\
o i i e
o
n
l y
o n e
p
r e s e n
t
d id n o t f e e l a u th o riz e d tu j.ct -alone, und o n ly nssoiied to a c t as an a d v iso r,
t u t no n»jiajcd o i j m t t o i '
to 1- uve iu to be s e t i l e d by uuo. n a tie n u l
C ouncil, to vi.icii the b u s in e s s ie .p i'o iu ate iy boLoiipS.
The O sajos re fu s e d the p r ic e ashed by th e Cnerokee d e le g a te , but
Vann in s is te d th a t Gibson co ntin u e th e Chsrokee-Gsage p ric e n e g o tia tio n s and
not r e f e r th e m u tter to th e P r e s id e n t, a s he thought a p r ic e could be agreed
upon.
F u rth e r e f f o r t a t p ric e n e g o tia tio n , Vann th o u g h t, would p re se rv e
rr f j
f r ie n d ly f e e lin g between the t r i b e s . 0 '
A cco rd in g ly Gibson ag reed "to have
a n o th e r c o u n c il down in the Cher, c o u n try on th e lan d th e Osages proposed
buying where th e p r ic e could be s e t t l e d —
I n consequence of t h i s ag ree­
ment to d e fe r the p r ic e n e g o tia tio n s , th e O sages, on September 17, 1870,
in c o u n c il, appointed a com m ittee to a s s i s t Gibson in fo rm ally s e le c tin g
t h e i r new horns
Vahcn the quant io n o f p ric e f o r a new home fo r th e Osages was de­
ferred by m utual agreem ent, i t never a g ain p re s e n te d i t s e l f in such a
manner as to have any f u r t h e r c o n n ectio n w ith th e rem oval o f th e Osages
from K ansas.
'Foe c o u n c il did not end when th e f o r m a litie s o f sig n iiio 'she b i l l
* 7 t*
""^Correspondence (R ), a p rin te d e x t r a c t p a ste d on a sh e e t which i s
in s c rib e d : "Message oi L. Downing, P r in c i p a l C h ief o f Cherokee N ation, to
th e R a tio n a l C ouncil — 11“ l'o.. 19* 1870", in CC-F. 1871, H47, IOR, M . There
i s a ls o a copy of t h i s p r in te d e x t r a c t in th e Gibson P a p e rs.
37
Memorandum, undated and unsigned bu t in th e haudwri tin g o f . g o n t
Gib eon, !£>., in Gibson ro p e rs .
38
Memorandum, "Com. P a rk e r, Dec. 29, 1870", MG., in Gibson P a p e rs.
Unsigned statem en t i n th e handw ritin g o f .gent G ibson.
39 Gibson D iary, 1870.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
,
Courtesy Haverford College
Twelve O’Clook
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
355
w ere
.Liio tL<.;
iT."/ co; n i t t e s —insn had d e p a r t e d .
The; G sa.-es rs n n in e d in
c o u n c il to r e c e i v e th e a 'm u iv y p a y n e a c ..A t h e p r e s e n t s
Lhnfc had b een a r t -
f - i l l y p ro m ised t h e :;.
un l e . i t - a b a r 11 (riun'h.y) G ibson gave a r e c e i p t to L u p o rin te -rie n c Hoag
f o r •■£•?, 500, a n n u it y money f o r th e O sv -^ n .
On t he tw elfth tlie L it tle O sage,
Big Chief, ana Black le g hands ■ere e n r o l l e d .
.-igent Gibson x-ecords that he
commenced t h e per capita payment o f 32.25 t o t h e B l-ck Toys, Big Chiefs,
Vhita Hairs,- Boaters, and L i t t l e Gauges on the th irteen th .
The next day
he paid the Big H ills , ''Clamores*1, Half-bloods, and the Chiefs .$250, leav­
ing a surpltis o f $173,75 from the $ 7 ,5 0 0 .
On the fifte e n th t h e agent "was
going tc cou n cil, whon Osages o ff t o In d ., [independence} for a f r o lic
Suspending pouncil —"40
The id e a of procents for the Cannes at th is p articular council
originated w i t h th e “ s c r e t r r y of t h e I n t e r i o r ,
Crt Ju ly - 22, 1370, the Act­
ing Cotmisoioncr of I n d i a n . h i 'u i r s w ro te to th o Commissioner of Indian af­
f a ir s , who was th e n in Haw York City, sh ying:
1fI am d i r e c t e d by th e Hon.
Secretary of the In terio r t o info nr* you t h a t i t i s d e s i r e d to have some
presents purchased for the Osages, t o be is s u e d to them a t the council to
be held on or about the 20th proximo in the country to which they are to be
41
removed, —the kind are:; quantity of tho a r tie lo s to be determined by you,”
^ C ibson’s Diary 1870, Sept. 11-15.
41
Cady to Parker, July 22, 1870, SB., Letter Book Wo. 95 (March 14,
1870-Aug. 3, 1870), p. 518, IGR, 11,. In 1874 the ex-C om issioner of Indian
.'iffairs also t e s t if ie d that the Secretary of the Interior ordered the Osage
presents. (H. Report No. 59, 41 Cong. 3 s s s n ., (1464), pp. 3 1 f). The custom
of yivin." g i f t s or presents to the various Indian tribes when negotiating
with them seems to be as old as the American Government. As in ancient
in ternation al r e la tio n s , tho custom in rnnerica o f giving the Indian g if t s
seems not to have boan an occasional device but an in tegral part of a l l
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
Two New York City firms furnished the Merchandise that was used
as presents.
Buckle’/ , yelling & Co., supplied ;oods to the amount of
$7,484.82, and H. D. C la flin & Co, furnished good to the amount of $752.05.“
•Jnong the items furnished by Buckley, Y ellin g & Co. were two bales of Mexican blankets a t $6.50; fo ’ir bales of three point
at*
sc a r le t blankets at $8.00
f i f t y dosen butcher knives at »4.00; nine barrels of sugar at 121/; s i X fc^gg
of coffee at 22/; f ir e boxes o f tobacco at 70/; and cloth anou/h to bring
44
the t o ta l up to $8,256,87.
n egotiation s. President George i.asnington, in 1789, instructed h is com­
missioners to the southern Indians to give "Gifts in goods, or money to
some, and, i f necessary, honorary d istin c tio n s to others, o f the influen­
t i a l chiefs", (.uuerican State Papers, Indian a f f a ir s , I , 66) , Just before
the Sturgess Treaty was negotiated in 1888, the Secretary o f the In terior
expressed himself on the h isto r ic a l precedent and s p e c if ic a lly declared
the p osition of the government r e la tiv e to presents for the Osages: "It
i 3, I b eliev e, a uniform custom, which, from i t s Ion; observance, has a l ­
most acquired the force of law, to make presents to Indians on a l l occa­
sions .f making tr e a tie s with thorn; and I am advised by the Superintendent,
that great d iss a tis fa c tio n i f not serious trouble would be lik e ly to insue,
from a neglect of the custom in t h is instance." (Browning to Taylor, Ap­
r i l 3, 1868, MB,, Record of L etters Sent (Dept, o f In te r io r ), Book No, 9.
(1868-70), pp. 107f, I OR, III).
^ Indian appropriation Ledger No, 19, f o lio 179, M i,, in ID, OIA.
Both of these accounts are marked "Dry Goods",
43Some fin e blankets and wearing apparel s t i l l bear tie h isto r ic
price mark which was started one hundred and f i f t y years ago by the Hudson
'My Company. However, the point system, under our present economic system
i s now only a symbol of q u a lity . In the days of the fur-trad er, blankets
were one of the items used as u common currency in the exchange of commo­
d it ie s . The standard upon which the price of blankets depended was not the
gold standard but upon another standard of d esire—beaver sk in s, Blankets
were marked with burs indicating a point or beavor skin. A three point
blanket was a blanket of extra good c u a lity and worth the high price of
three large beaver skin s.
"Osage Presents Purchased Aug. 1870", in ITKF, 0A0L 1869-1870,
I0E, H . v . Tho purchases o f Buckley, .'oiling & Co. wore made on August 23.
(R equisition No. 1397, I.: ., Indian R equisition Book No. 41 (1009-1407),
IoR," & .).
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
On .jigust 29, when Vincent Golyer made tho trip to tcituci>U34,K to
telegrupn . no no yarbmsiit acout tlio i'uuot-..! ox iiixruaoix, u-j -lJ.00
ired
Vie Coamissij-er of Indian d’fairr; timt t;u pretunca hud rut arrived at
eith e r Oswego or Baxter
orin .s, uid lie r-a (nested to know to what place the
presents had u.-eu :ihipped.'io
The A!tin g Commissioner of Inf* inn -iffa irs,
Cady, rep lied on the same day by telegram to Colyerrs. taie.-.ra.:.:
lo r Osages shipped la s t wee be to Osage."
"Presents
47
The presents fo r the Osages did not arrive u n til a fte r the committee
had le f t the Dram Creel council ground.
They were delayed, agent Jibson
reported, because they were incorrectly marled, but at Oswego they were delayed, because o f the non-payment
of
fr e ig h t charges.
43
The a r r iv a l and
d istrib u tio n of the presents is described in Gibson*s Diary.
On Wednesday
September 14 the agent ''Bord.. ["borrowed] $200, of Zarle with draft on
Supt«.Boag to pay f r g t , . St dig s . . on Osage p r e s e n t s air Osnvego—Sant i t by
Harris at 5 P . K. t o Oswego & to b r i n g presents— " On tho fifte e n th two
. loads o f the presents arrived at the agency.
On the sixteen th "Two mors
wagons came—put a l l goods in my Stable—P d .. Teamsters *50.76 on 645 lb ©
.60— "
On the eighteenth a fte r Gibson heard that a wagon
of
ca lico and
muslin would arrive at the agency on the nineteenth, ho wrote: ''must d is ­
tribu te presents tom orrow -"
'a s la s t of the ********* a load of *rint3
4®See map on p. 1,
46
Colyer to Parker, Aug. 30, 1870, ] £ . , Letter Book No. 97 (Aug.
4, 1870-Dec. 30, 1870), p. 106. The index to incoming correspondence at
the O ffice of Indian A ffairs includes telegrams and i s usually marked
"Telegram," However, th is particular oomriunicat.ion does not have the usual
mark.
47Ibid.
48
Gibson to Houg, Oct. 1, 29, 1870, in ITKF, OAOL 1869-1870, I0R.NA.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
i *,
Courtesy Eaverford College
Wah-ti-on-koh, ch ief couaselor of Black
Dog's band
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
258
and muslin, arrived on tha nineteenth, and then. Gibson proceeded to d is­
tribute the presents bo the c h ie fs, and they to tlieir respective bunds.
But a l l was not peace and iuraoay when the presents were passed out.
The
"Big K ills f i t over th eir s —"49
Tho Tight araons the Osages over tho presents tvas lim ited to the
Big H ill band and came about notwithstanding Gibson had "very ca refu lly &
equally divided £theEij[ between chiefs" , as he had been requested to do by
the superintendent and the c h ie fs themselves.
th is manner.
The melee came about in
A fter Gibson had divided the presents, a half-blood o f the
Big H ill bajjud gave the governor a pony' fo r the. p r iv ile g e of distribu ting
the presents to the fa m ilies of that band.
At t h is point, the agent r e -
ported, a row developed which resulted in a general scramble.for the goods,
"iaany of the fam ilioa gettin g nothing" and a few g ettin g a l i i
The agent
|
observed tha,t there was quite u number of "bleeding noses* as a r e su lt of
i
the fr e e -fo r' -a ll scramble for the presents,.' 5un
|
j
Thi!? day that the agent distributed the presents, he entered in h is
diary a very brief comment on the q u ality of the goods he had passed out,
Kl
i "100 BU cts.. 3 p t . , poor—h e x . . b llc ts., poor—Cofee 2 q’X il.V
On October 1,
! he reported to his superintendent’'th a t h^'hed tlistributed the presents.
..t
I th is time ha discussed at length the poor quality of the p resen ts. He said
t•
| that two hundred pairs of tho tlirec point s c a r le t blankets wore not *~s ;;ood
i
;
491870, S e p t. 1 4 -1 3 .
50
Gibson to Hoag, Oct. 1, 1870, in IThJ’, O.vUL 1859-1370, 10?., If:-.,
I
:
51
1870,
o o p te n b e r 1 9 .
■
;
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
259
as expected from the price charged; that on© bale of f if t y pairs was not
as p.jod as the reao.
L'nsse blcJh-ets, wuim
aa--
■a*■'.'a
and a1
-!..'-posed, to be extra qu ality, wore not even !'co,vu:x;n"„
■: J.y.OO nor 1i Ir ,
Tie two hundred
Lexican blankets aero antra poor in u.uality; so poor, that they could he
penetrated with tho fin ger very e a s ily ,
-.libson remarked that a b etter
•quality of sugar, tobacco, and coffee could have he on obtained iriucu closer
to the agency.
But the pood pussier Agent was f u l l of gratitude for the
Osersa and tempered h is adverse criticism , of the presents which he thought
hud boon so generously bestowed.
He closed h is le t te r by saying:
"no
r e fle c tio n i s intended in these remarks on anyone— i'be Osages were highly
pleased to receive them as a g i f t from the Government— "
The f i s t i c encounter o f the Osages at the d istrib u tio n of the pres­
ents was o f short duration and mild La manner compared to the controversy
which Gibson p recipitated over the q u a lity and the payment for the presents.
I t cane about in th is way.
Vihile the prosente di.i not arrive before the
committee l e f t the council ground, tho invoice d id .
This fact was import­
ant, because the members o f the committee were also members of the P resi­
dent’ s Board o f Indian Commissioners 'and had a ssiste d the Commissioner of
Indian A ffairs before leaving Kew York City fo r the Osage reserve, in buy­
ing the annual needs fo r tho en tire Indian serv ice throughout the United
•States.
Consequently the members of the eomaintee remembered that the
blankets listed , on the invoice at AS. 00 had been offered to them at $6.80.
Because of th is fa c t tha committee, before leaving Montgomery, requested
Gibson to send them samples of the blankets, so th at they might make a
52(iibson to Hoag, Oct. 1, 1870, in ITKF, 0.10L, 1869-1870, I0R, NA,
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
£60
comparison.
On October 13 Gibson complied with the request of the committee by
sending Vincent Colyer a sample of both the "three point" am Mexican blan­
k ets with th is comment:
"The Mexican blankets are b ille d at $6.50 apiece.
They are not worth h alf that money to Indians, as a baby can s lip through
them without breaking a v/arp or f illin g ."
53
After Gibson had sent in samples of the blankets the secretary o f
the Board o f Indian Commissioners reported to the Secretary o f the Interior
that:
the same a r tic le charged to the government in the B i l l of
Buckley, h ellin g and company, dated august 23, 1870, fo r
Osage presents, 200 p a ir of three point sc a r le t blankets
at eight d o lla rs the pair—as our Board in i t s inspection
of goods a few days before i t s adjournment had rejected at
$6.80 the pair; while the im itation *mexican blanket’ o f
which there was 200 pair sent to the Osages, at $6.50 the
p air, our Board had refused to purchase a t any price
considering them o f such in fe r io r q u a lity . 54
The presents were paid fo r long before th oir poor q u ality was reported to
the Secretary of the In terio r.
They were paid for on September 10 and 17,
1870, even before the Osages received them*®®
53»»c*} Colyer to Delano, Jan 24, 1871, in Gibson Papers, The f i r s t
page o f th is le t te r can be read by holding i t before a mirror. See also H.
Report No. 39. 41 Cong. 3 s e s s ., (1464), p. 276.
54
”C", Colyer to Delano, Jan. 24, 1871, in Gibson Papers. I t should
be explained, however, that the Osage presents were a separate item from the
regular annual Indian service . equirement and were not a part of the bid sub­
mitted in consequence of previous advertisem ents. (H. Report Do. 59, 41
Cong. 3 s e s s ., (1464), p. 276).
55
"Buckley, 'Jellin g & Co., $7,484.82, R equisition No. 1397, mo.,
Indian R equisition Book No. 41 (1909-1407), I0R, NA; H. B. C la flin Sc Co.,
$752.05, R equisition No. 1423, ]S3. , Indian R equisition Book No. 42, (14081805), IOR, IT.; Indian .appropriation Ledger No. 19, f o lio 17D, MS., in ID, 01a.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
Courtesy Haverferd College
Black Dog, ch ief of tho Black Dog band
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
LG1
I t was not u n t i l March. 9, 1371, tu „ - th e o f f ic e o f In d ia n .a ffa irs
sent Gibson a statem en t showing the disbursem ent of th e reim bursable $50,000
fund which Congress Iiad ap p ro p ria te d on J u ly 15, 1870.
This fund i t w i ll be
r e c a lle d , was to remove th e Osagas to In d ia n T e r r ito r y and to e s t a b l i s h th en
th e r e in . 56
T h is o f f i c i a l f in a n c ia l statem en t \i as the f i r s t
r e v e la tio n
to
Gibson th a t th e c o s t of th e Osage p re s e n ts , the expenses of th e removal
c o u n c il, ahd the c o st of th e survey of th e n in e ty - s ix th m erid ian had a l l
been paid f o r ou t of the Osage $50,000 removal fu n d ,
th i3 was a reim ­
b u rsab le fund t h i s procedure meant th a t th e s e item s had been -p aid f o r w ith
Osage money.
In a l a t t e r to th e committee t h a t had induced th e Osages to
accept the--removal b i l l , Gibson s ta te d t h a t the t o t a l expensf of th e c o u n c il
i was 3 1 1 ,4 1 9 .4 3 .57
Gibson to ld th e committee th a t th e Commissioner o f In d ian ,:if fa irs ,
1
Ely
3. P a rk e r, had informed him th a t the reaso n th ese c o u n c il expenses had
* been p a id w ith Osage funds was t h a t th e re w ere no o th e r funds a v a ila b le f o r
: the purpose.
To comment a t le n g th upon t h i s b o ld , d a y lig h t robbery by gov­
ernment o f f i c i a l s would be c r u e l indeed,
f u f f i c e i% -to say, ‘th a t the S an ta
Claus s e a l of an o v e r-e n th u s ia s tic , irr e s p o n s ib le S e c re ta ry of th e I n t e r i o r
a ffo rd s no re a so n f o r s te a lin g the funds o f a h e lp le s s ward.
56
See pp,187f.
57
The a c tu a l c o st o f th e c o u n c il was $100.00 le s s th a n Gibson r e ­
p o rte d . The c o s t, item by item , was: J . N elson H a rris , fo r b e e f, *899.94;
C harles F. E a rle , f o r f lo u r , sugar, e t c . , *1664.62; Buckley, W elling & C o.,
$7,484.82; C la f lin & C o., $752.05; A. 11. P e rry , $618.00, making a t o t a l of
$ 11,319.43. (In d ia n .a p p ro p ria tio n Ledger Ko. 19, f o li o 179, MS., in FD,
OIA). The H a rris r e q u is itio n shows th a t he fu rn ish e d 14,999 pounds o f b eef
a t &<? in September to th e Osages, (R e q u is itio n No. 1581, MS., In d ia n Re­
q u is itio n Book No. 42- (1408-1805), IQP, N .). The s u p p lie s of f lo u r , su g ar, and
c o ffe e fu rn ish e d by C harles F. E arle was on August 19, (R e q u isitio n No. 1582,
MS., i b i d ) .
There is a lso a f in a n c ia l sta te m e n t in the Gibson P apers t h a t the
w r ite r has v e r if ie d as being a copy o f f o lio 179 o f the In d ia n A p p ro p riatio n
Ledger No. 19 from which th e expenses of th e rem oval c o u n c il were ttaken.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
2G2
As a so lu tio n for t h is unjust s itu a tio n , the former secretary
of the committee was implored by Gibson to use aiu influence to help obtain
other money with which to meet chin cou n cil expense before the Osages found
out that th eir own funds had been used.
Otherwise, Gibson wrote the com­
m ittee, superintendent, and agent would be denounced by -cue Qsuges as lia r s
and unworthj’- o f any further confidence.
53
The Neosho Agent also directed an appeal for r e lie f to the Office
of Indian A ffa irs.
I
i
!
!
He enclosed a copy of h is -le tte r to the former secretary
o f the committee of the Board of Indian Commissioners, to the Commissioner of
Indian fsffairs and said:
"I do earn estly request that money may be obtained
from some source to refund to the §50,000 appropriation the sum o f §11,419.43
which embraces the P resents, Subsistence fo r Council, and Survey of 96”
Meridian— :t
In th is le t t e r G-ibson desperately sought temporary r e l i e f un­
t i l Congress could be asked to appropriate fo r the misused funds.
However,
the amount of the misused funds seems to have been of l i t t l e or no concern
|
to the Quaker j^ent as compared to h is high standard of honor.
h is appeal to the Comaiasioner of Indian A ffairs by saying:
He closed
"The money is
a mere b a g a telle, comoared with the invaluable confidence those Indians have
in the o ffic e r s o f the Ind. Department (o f recent grovrth), a l l of which w ill
be swept away, & W3 w i l l be regarded by them as capable of the lowest duplicit y in a l l our transactions with them h ereafter--" 59
The Acting Commissioner o f Indian A ffairs did not seen to rea lize
58
"C”, Gibson to Colyer, Lang and Farwell, March 30, 1871, enclo­
sure in Neosho F ile 1871, H374, I OH, &>.$ Gibson Papers.
59
Gibson to Parker, March 30, 1871, in Neosho F ile 1071, HS74,
I OK, N l: "C", ib id . , in Gibson Papers.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
263
w ith Gibson that the honor o f a great United S tates was in jeopardy.
He
rep lied to Superintendent Hoag, A pril 13, that i t was not advisable to
seek an appropriation fo r the misused Osage funds from the Congress then
in sessio n .
However, the Acting Commissioner o f Indian a ffa ir s stated that
the question would "be duly considered and i f deemed absolutely necessary",
the next sessio n of Congress would be requested to r e lie v e the Osages.
60
In 1872 the Commissioner o f Indian A ffairs, Francis A. Walker, wrote
the
Secretary o f the In terio r that in order to secure attendance at the Osage
council in August—September 1870, " it was deemed necessary that some induce­
ment shoul d be held out to them by way o f presents or otherw ise. . . .
Walker stated that $10,801.43
61
worth of goods and provisions were purchased
under the d irectio n of the Secretary of the In terio r, which the records of
the Indian O ffice showed were intended as presents for the 0 sages.
As Osage
funds were used to pay fo r these expenses Commissioner ta lk er stated the
Osages should be reimbursed.
62
January 16, 1872, Edward S arle, chairman of the Washington Committee
o f Friends on Indian a ffa ir s 63 and the general agent o f the Associated
Exec­
u tive Committee wrote to Secretary Delano th at the Osages thought that the
goods which were d istrib u ted at the 1870 coun cil were intended as presents
and th at the Board o f Indian Commissioners thought they were intended as
^°Clum to Hoag, A pril 13, 1871, MS., Letter Book No. 99 (Finance
■*' w scella n so u s), p. 385, IOR, HA.
AT
Apparently the cost o f the Perry survey was not included.
62H.
E x.
Doc. No. 146, 42 Cong. 2 s e s s ., X(1513), I f .
63
The Washington Committee o f Friends was a subcommittee of the
Associated Executive Committee o f Friends on Indian A ffa irs.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
264
g i f t s to the Osages.
As a r esu lt of t h is u n ity in thought, the Commis­
sioner o f Indian A ffa irs, the Friends, and the Secretary o f the In terior
recommended to Congress February 15, 1872, that an appropriation be made
to repay the Osages.
64
Congress, a 3 usual, was d ila to ry in attending to th is matter.
In
October, 1872, the general agent for the Associated Executive Committee r e ­
commended that the Friends Associated Executive Committee urge the President’ s
3oard o f Indian Commissioners to use th e ir influence to obtain a refund fo r
Osage money used to purchase the presents . 65
The fin a n cia l h isto ry o f the Osages was in ten siv ely in vestigated from
1870 to 1880.
On June 16, 1880, Congress passed an act providing fo r a gen-
e r a l settlem ent between the Osages and the United S ta te s.
ss
As a resu lt of
t h is act the com ptroller-general of th e United S tates Treasury made a detailed
report o f the fin a n c ia l a ffa ir s of the Osages with regard to the d isp o sitio n
o f th e ir land in Kansas fo r the period 1870-1880.
This report,
6?
the Indian
Appropriation Ledgers in the F is c a l D ivision of the O ffice o f Indian A ffa irs,
and the S tatutes at Large were in vestigated , but no evidence was found that
the misused funds o f $11,319.43 were ever repaid.
64
H. Ex. Doc. , No. 146, lo o , c i t .
Minutes of the Associated Executive Committee of Friends on In­
dians A ffa irs, Oct. 16, 1872 [ II (1872-763, 7, J&S., in Department of Records
of the Yearly Meeting o f the R eligious Society of Friends- of Philadelphia
and V icin ity Under The Representative Meeting, 302 Arch S treet, Philadelphia, Pa.
66
21 S ta t. L ., 291f,
67
Printed Records of the Court of Claims No. 677, p . 289.
R eproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
265
At the f in a l b rief session of the removal council, the Osage ch iefs
signed the annuity receip ts and then the old
September 20:
fa ith fu l d ia r is t v?rote on
63
”8one Osages l e f t la s t night & the b a l.. by noon—"
68
Gibson* 3 Diary, 1870.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
CHAPTER X
THE OSAGES LEAVE KANSAS
The departure o f the Osages from Kansas, lik e the n egotiation s
at the removal cou n cil, was complicated by a few o f the h alf-b lood s . 1
While the various mass meetings and reso lu tio n s held out to the h a lfbloods ju stic e and fa ir n e ss, the very opposite was th eir unfortunate l o t .
On Saturday September 24, 1870, nearly a l l o f th e h alf-b lood s
met the People’ s Committee at Independence by appointment and "corttd..
2
t i l l 3* day—"
On the twenty-ninth the People’ s Committee advised the
h alf-b lood s, upon the recommendation of Gibson, to become c itiz e n s o f the
United S ta te s.
By v irtu e o f th is suggestion nineteen o f them went be­
fore the D is tr ic t Court Clerk, L. T. Stephenson, and f ile d th eir papers o f
5
in ten tio n .
They were: Joseph "Moshier"(2 8 ), Francis M itchell (45),
W ritin g from Montgomery Post O ffice, Agent Gibson stated that
"most o f the h a lf breeds make t h is v ic in it y th e ir h o m e .....n (Gibson to
Hoag, Aug. 20, 1870, in ITUF, 0A0L 1869-1870, IOR, NA. For the meaning
o f symbols see L ist o f Symbols). There were only 250 h alf-blood s accord­
ing to an enrollment which the agent made a t the removal council. (Isaac
T. Gibson’ s Diary, 1870,. September 13* An unpublished manuscript in the
Isaac T. Gibson' Papers, a p rivate c o lle c tio n owned by A. H. and T. E.
Gibson, 607 Grandview, Pawhuska, Oklahoma. Hereafter c ite d Gibson’ s D iary).
2
I t seems to have been a Quaker custom to re fe r to the days of the
week by number beginning with Sunday as the First-D ay.
3Gibson*s Diary, 1870,
4
Ibid *
®The age o f the various Osages i s indicated by the fig u re s in
parentheses.
266
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
267
Alexander Beyett (38), Heweh-ha-ka Toby (3 0 ), WiH Cat (30), Martin Red­
man (25), Wooster Bigheart (28), Peter Chouteau (40), John Fitzgerald (25)
George Redeagle (35), Cyprian Tayriaa (34), Joseph M itchell (30), Dodridge
Boonby (48), Jack' Eatsataneka (2 3 ), Peter 0*Carter (35), Mad Chief (35), Teka-ah-ke-pa-na (26), Gesso Chouteau (48), William Tinker (30),
The language
and form o f the Osage ap plications for United S tates citizen sh ip is highly
in terestin g :
United States o f America
State of Kansas
)
)
Montgomery County)
SS
Before the Clerk of the D is tr ic t Court of the Eleventh
J u d icia l D istr ic t of said S ta te , personally appeared Joseph
Moshier a native o f Osage Nation U . a , A . aged about Twenty
Eight years, who, being duly sworn, upon h is oath declares
i t i s bona-fide h is in ten tion to become a c it iz e n o£ the
United StateB of North America and to renounce and abjure
forever a l l allegiance and f id e lit y to every Foreign Power,
Potentate, State and Sovereignty whatever, and p articu larly
110
Chief o f Osage Nation,
Sworn to and subscribed before me, t h is 29 day of Sept saber,
A, D. 1870.6
C learly, the aim o f these half-bloods was to remain in Kansas with th e ir
white brothers.
The sa tisfa cto r y and peaceful settlem ent at the removal council
o f the half-blood d iff ic u lty did not long endure.
Agent Gibson reported
on December 24, 1870, to Voncent Colyer, that the h alf-b loods were having
much trouble with the white s e t t le r s . The agent*s le t t e r re la te s a series
o f fr ig h tfu l tra g ed ies.
The outrages of the s e t t le r s were not confined to
F ir s t N aturalization Record Book A, pp. 12-22, MS., in Eleventh
(now Fourteenth) Ju d icial D is tr ic t Court, Montgomery County, Independence
Kansas.
Copies of the individual applications may be seen a t the Osage
Museum, Pawhuska, Oklahoma, in a folder la b elled "Parsons Osage le tte r s " .
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268
persons, but extended to property; domes were burned and torn down, by
the "demons in human s h
a p
e 15118 i l l treatment of the "thirty"
half-bloods, by the "Christian land thieves" caused most o f them to revert
to savage l i f e —abandon th eir improvements and follow the r e s t of the trib e .
The sad but eloquent le t te r continues:
"Twelve yet remain under unbearable
persecution, which they endure with the patience & forbearance of Christian
martyrs.
Their names are Alexander B eyett, Gesso Choteau, Peter Chateau,
Joseph Hosier, Frank M itchell, Joseph M itchelle, Martin Redman, h alf breeds;
and Toby Mogrey, Red Eagle, Mad Chief, L it tle Wildcat, and H lah-se-jack, f u ll
bloods."
The negotiations w ith the half-bloods by the s e t t le r s were also b i t ­
te r ly denounced in Gibson’ s report as gross misrepresentation:
That great mass meeting of Trespassers, held at
the agency (when you were here to o ffe r the Osages the
Congressional B ill) which passed heavy R esolutions o f
protection to the half-breeds i f they wished to become
c itiz e n s & enter th e ir improvements, to induce the h a lf
breeds to withdraw th e ir ob jection s to the B i l l , and
appointed a committee of distinguished s e tt le r s to see
that they were protected, has proved a great swindle.
While the half-blood situ a tio n must have been a condition t o be de­
plored, Gibson’ s report explained that the in e r tia of the settlers'com m ittee
had a p o lit ic a l sign ifican ce which blocked h is and the Osages’ appeal for
protection from the jumpers.^
The agent affirmed that the mass meeting
had r e a lly gone back on the committee as was evidenced by the fa c t that two
members of the committee (Judge Emmerson and S h eriff White), who he s ta te s
were disposed to carry out the intent of the resolu tion s, were badly de­
feated at a recent e le c tio n .
A land
f u lly .
In t h is way p o lit ic s were described as a
jumper i s a person who s e iz e s another person’ s claim unlaw­
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269
deterrent to ju s tic e .
Consequently, as most lawyers were p o ten tia l p o lit ­
ic a l candidates, the agent explained, they were lo a th to aid the h a lfbloods, e sp e c ia lly i f they had l i t t l e or no moaey.
The a ttitu d e of the s e t t le r s was, "The Osages have signed the
«
B i l l and we have got the land, l e t the half-breed 3 go to h e ll."
As a
consequence the agent suggested that Congress be appealed to for the re­
l i e f o f the h alf-b lood s, and he even intimated that the President should
be informed o f the condition o f h is "dependent children".
Gibson’ s long le t t e r of December 24, 1870, reporting on the h a lfblood controversy, was appended to the Report of the Committee o f the Board
of Indian Commissioners of January 2, 1871, with t h is comment by the board:
"The outrages therein d etailed are so wicked and unjust that it is to be
hoped some remedy may be found to correct them before the President formally
issu es h is proclamation declaring the act of Congress to have become a law— "
On January 18, 1871, the secretary of the Board o f Indian Commissioners no­
t if i e d Gibson that h is le t t e r o f December 24, 1870, and the committee’ s
report of January 3, 1871, had been la id before th e P resident.
8
On September 17, 1870, the Osage council appointed "4 Delegates
9
to the Grand Council in Cherokee Nation— "
One o f th ese Osage delegates
was Augustus Captain.
In the course of the se ssio n of the Grand Council,
^Appendix N, Gibson to Colyer, December 24* 1870, MS.. Report o f
the Committee o f the Board o f Indian Commissioners, Jan. 3 , 1871, in Neo­
sho P ile 1871, C13, IOR, NA; Colyer to Gibson, Jan. 18, 1871, in Isaac T.
Gibson Papers. Hereafter c ite d Gibson Papers.
9Gibson*s Diary, 1870. The Grand Council, composed o f represent­
a tiv e s from the various trib e s in Indian Territory, held i t s meetings at
Okmulgee in the Creek Nation.
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270
one o f the members o f t h is committee th at had met with the Osages on
Drum Creek in September requested Captain to report to the committee on
the condition of the Osage half-b lood s that had taken claim s.
To th is
request Captain rendered a report which shows the Osage claimants and
the white jumpers.
Alexander B eyett, jumped by M itchell Burch and Rey­
nolds; Peter Choteau, jumped by Fan Dusan VI. Wilson and W. Taylor; Lewis
P. Choteau, jumped by James McNary; James G. Choteau, jumped by Andrew J.
Brans; Samuel "Bevenau", jumped by Wilson Isaac; Joseph M itch ell, jumped
by Mr. Meddows; Joseph Hosier, jumped by Dr. Campbell; "Hewah har Ca "Toby
jumped by John Brost; V/ah le che ne ca, jumped by C. W. Yeager, Mr. Olney
and Mr. Hoffman; Mad Chief, jumped by W. M. Bays and Dr. Newell; Cyprian
"Terrian", junped by G ilbert Delee; "A. Captaine", jumped by J. L. S cott.
To Captain, s report Gibson added a post scrip t; Peter 0*Carter, jumped by
Turtle and Hook.
Captain a lso stated that he had sold h is claim to a Mr. K ilgo, and
that Cyprian Terrian had sold h is to a Mr. Madden. 10
The Osage, half-blood question developed into a three-sided a ffa ir
in which land, race, r e lig io n each played a sig n ific a n t part.
The Ita lia n
nobleman, eth n o lo g ist, h isto ria n , and m issionary 11 v iv id ly portrays the
half-blood situ a tio n a fte r a personal v i s i t to the former Osage reserve in
January 1871;
^Augustus Captain to John D. Lang, John 7 . Farwell and Vincent
Colyer, Jan. 16, 1871, in Neosho F ile 1871, C98, IOR, NA. Another l i s t
o f claimants and jumpers, not id e n tic a l in personnel, was furnished the
Commissioner o f Indian A ffa ir s. (J. L. Emerson, probate judge, t o Parker,
Jan. 3, 1871, ib id ) .
• ^ o r a biographical sketch, see "Chapter V" footnote No. J l .
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271
I l e f t Fredonia and went down the Verdigris v a lley
to see the Osage Half-breeds Settlem entHare I found that the Settlem ent had been e n tir e ly
abandoned with bat few exceptions. The only one I net in
th is place was Joseph Monjeon and h is w ife. This man f e l t
very glad in Seeing me* and . . . . began to t e l l me a
painful Story of the abuses that both he and h is w ife are
bound to Suffer from th e ir neighbours because they are
Indians, and above a l l because they are Catholics 1They
have'Said he’ in many ways tr ie d to put us out of our
house, and rob us o f our land; they have repeatedly menaced
to k i l l me, i f I do not leave t h is p la ce, they have robed
us o f our p rovisions, and are bound to be always at home
for fear that i f we would leave for a moment, these people
might get in and take possession of our house. Father, Said
he at l a s t , we are very unhappy, were considered worse than
dogs, we have done no harm t o any body, the reasons why we
are So persecuted are because we have an ex cellen t piece of
land which they would lik e to take away from, us, and because
we do not take part in t h e ir r e lig io u s m eetings.'
A fter lis te n in g to t h is ta le o f wo®, the J esu it fath er r e la te s that he ad­
monished the unhappy Osage fam ily to endure th e ir troub les for God’ s sake
and then he passed on.
The p rela te’ s sad le t t e r continues;
"But a few
days had passed Since I had Seen t h is unhappy fam ily, when those weaked
people came to Joseph’ s house by n igh t, and though he was in very bad
health they threatened to k i l l him, i f he would not leave on the spot."
After sta tin g that the Osage fam ily fle d to the woods and that the house
was f i r s t robbed, then the house and corn crib burned, the le t te r sta tes:
"This i s but one o f Several Other Sim ilar cases which I could bring out
to prove how the Indians are treated by th e ir w hite neighbors.
What won­
der i s i t then i f they hate c iv iliz a tio n ? "
In t h is le t t e r to h is p rovincial the p r ie st reported that the
12
Osage half-blood, Joseph Monjeon, died because o f exposure.
12
Paul Mary Ponziglione, S. J . , to Very Rev. Fr. Coosemans, pro­
v in c ia l Jan. 16, 1871. This le t t e r may be found in a folder labelled: "IXP77G Writings Ponziglione Osages", J esu it Archives far the Province af Mis­
so u ri, S t. Louis U niversity, S t. Louis, M issouri.
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272
Joseph Hosier was another Osage victim o f the half-blood s e t t le r
c o n flic t.
Mosier was an ex-Union so ld ie r , who had served three years in
the Math Kansas Cavalry and had been honorably discharged.
He was born in
1841 amd had been educated at the Osage Manual Labor School.
His home was
attacked at night, he was dragged from h is bed, h is home burned, and he
was compelled to walk f iv e m iles in a tw elve-inch snow to a neighbor*s
house,
m died o f pneumonia January 7, 1871.13
Agent Gibson has been
quoted as saying thafMoshlei*'was driven from h is cabin and so v io len tly
treated th at he went insane and died a s a r e su lt of the ill-trea tm en t re­
ceived from Dr. Campbell.^
In h is diary Gibson does not expressly at­
trib u te Moshier*s death to Dr. Campbell.
On January 11, 1871, he wrote:
"Dodgson fu r trader came in - said Mosher (-£ breed) was dead (the 7")
nothing le s s than a murder
In January, 1871, a sp ecia l b i l l allowing the Osage half-bloods to
taks up th e ir claims and become c it iz e n s o f the United States was prepared
by the Secretary o f the In te r io r .
This b i l l was sent to tte House of Repre­
se n ta tiv es, where i t was attached t o the Indian appropriation b i l l and
passed without ob jection s.
On the half-blood b i l l , the secretary of the
President*s Board o f Indian Commissioners wrote:
"We have our doubts
whether the half-breeds w i l l care to a v a il themselves of i t s p r iv ile g e s,
but as they seemed to ask for i t , we thought i t would do no harm to give
the r ig h t i f they choose to use it * w^®
13
Oklahoma, S p ecial Limited B dition, (American H isto rica l S ociety,
Chicago and New York, 1916), p. 267.
14
Colyer to Delano, Jan. 21, 1871, in Gibson Papers. The f i r s t
page o f t h is le t t e r may be read by holding i t facing a mirror.
15_
Colyer to Gibson, Jan. 31, 1871, in Gibson Papers.
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373
The general Indian Appropriation b i l l which was approved March 3,
1871, permitted Osage h alf-bloods or mixed bloods to a llo t f r e e , on the
m
diminished reserve, one hundred and six ty acres, provided they
improvements prior to the passage of the a c t ,
made
The Osages who accepted
the b e n e fits o f t h is act fo r fe ite d a l l in ter est in th e new Osage reserve
in Indian Territory,
Allotments taken under t h is b i l l could not be a lien ­
ated, without th e eonsent o f the Secretary o f the In terio r and the approval
o f the P resident,
The ru les and regu lation s fo r making allotm ents to the
half-bloods were to be prescribed by the Secretary of the Interior,^ *
A fter the passage of the half-blood b i l l , the Commissioner o f the
General Land O ffice published the ru les and regu lation s (March 38) pre­
scribin g the manner o f allotm ent fo r the mixed-blood 3 o f the Osage tr ib e .
The regu lation s provided that the in dividual was to make an a ffid a v it to
the R egister and Receiver o f the Humboldt Land O ffice c e r tify in g that he
or she was a half-blood or mixed-blood Osage over twenty-one years old or
the head o f a fam ily.
The claim and improvements had to be described, and
the a ffia n t and h is a lle g a tio n s had to be supported by two w itn esses who
were under oath.
Proof thus prepared was then to be sent to the Department
of the In ter io r , and there i f found to be sa tisfa c to r y , a c e r t ific a t e was
provided and the R egister and Receiver authorized to issu e the same to the
IS
16 S ta t. JL., 557: United S tates Session Laws, 41 Gong. 3 s e s s .,
p. 557; Ralph A. Barney, Laws R elating to Osage Tribe o f Indians from
May 18, 1834 to March 3 , 1939 (The Osage Printery, P u blish ers, Pawhuska,
Oklahoma, c l9 2 9 ), p , 14*
Hereafter cited Barney, Laws R elating to 0sages,
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274
Osage a llo t t e e ,
17
3y April 2, Gibson reported n il but ton o f the Osages who had in­
tended to remain in Kansas and become c itiz e n s of a .great and free democ­
racy had been forced by "atrocious persecution" to abandon th eir claim s,
or talcs what they could g e t, and trek a fte r the r e s t of the t r ib e ,
Gibson
reported that the ten Osages who s t i l l intended to become United S tates
c itiz e n s had been enrolled as h alf-b lood s.
they had abandoned the chase,
This was done, he sa id , because
us a matter of fa c t, Gibson wrote, f iv e ox
the ten Osages so enrolled were r e a lly fu ll-b lo o d s.
The agent requested
to be informed whether the fu ll-b lo o d s could be entered as h alf-blood s or
18
mixed-bloods as provided in the A c t of March 3, 1871.
In rep ly, Gibson was informed that "each applicant must make a f f i ­
d avit that he or she i s a half-breed or mixed blood of the Osage tr ib e .
F u ll blooded Osages would therefore be excluded from the b en efits o f said
enactment."
However, the Acting Cosmissioner of Indian A ffairs wrote that
i f any fu ll-b lo o d Osages had already become c itiz e n s of the United States
and given up t h e ir in te r e st in the tr ib e , they could f i l e on the land the
same as any other ordinary c it iz e n .
19
Clum’ s d ecision l e f t only fiv e of the ten remaining Osage claimants
17S fillis Drummond, Comr.» o f the General Land O ffice, t o Columbus
Delano, Secretary o f the In te r io r , Febr. 8 , 1872, in Indian
0
No. 211 (In terio r Department), L etters Rec’ d From GLO, Sept. 10,1852Oct. 30, 1873, I0R, NA. . I t appears that these le tte r s v;®r9 0^ g^ ^ (t
arranged chronologically by date. See a lso "Ruling o . the Land O ffice ,
Lawrence Tribune (supplement), March 28, 1871.
18Gibson to Parker, A pril 3 , 1871, in Neosho F ile 1871, H287, IOR,
NA’
19Clua to BOaga April 14, 1871, IE ., Letter Book No. 100 (Dec. 22,
1870—April 19, 1871), p. 533, IOR, NA.
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275
e lig ib le to f i l e and re m a in in Kansas by virtue of the - c t of t o r c h 3,
1871.
Accordingly on September 15, 1871, fiv e patents fo r Osage h a lf-
bloods were recommended f o r approval.
Ibur days la te r , the Acting Secre­
tary o f th e In terio r marked on the General Land O ffice Commissioner's l e t 20
te r of recommendation "approved."
The f iv e ism3- c e r t ific a t e s , a consequence of the half-blood con­
troversy, were issued to Peter "Chouteau", Gesso "Chouteau", Alexander
B eyett, Prank James and Nancy Mosier (widow of Joseph H osier ) .21
The quarter section s o f land that these f iv e patentees received
were located as follow s: Alexander B eyett, SW^ Sec. 9, T. 32, R. 16; Peter
"Choteau",
Sec. 8 , T. 32, R. 16; Heirs o f Joseph Hosier, N5% Sec. 4 ,
T. 31, R. 16; Prank James
Sec. 9, T. 32, R. 16,
Sec. 9, T. 31, R. 15; Gesso "Choteau", W*
22
Persecution of the Osage half-bloods did not end even a fte r land
patents were issued to them, and they had become f u l l fledged c itiz e n s of
tbs United States Goveraront.
Early in 1872 the Heosho Agent reported to the
Secretary of th e Interior:
20fl. w. Cortis to B. R. Cowaa, Sept. 15 1 8 7 in M i a n D ivision
P ile No. 211 (In terio r Department), Letters Received from GLO, Sept. 10,
1862—Oct. 30, 1873, IOR, NA.
l a t e n t M isc., Record Book No. 474 (Donation Patent Records), pp.
348f351f, 354, MS., in D ivision B, o f GLO,
Washington, ,D. C. The f i r s t
patentees in"the l i s t abate were a lso a llo tte d e i f % h « e s under
A rticle 14 o f the Osagp Treaty of 1865. The patents under th is treaty were
issued on June 10, 1870. (Ib id *. PP* 67> 69> 52'*
^Memorandum in the Gibson Papers. The statement has no t i t l e , i s
undated, and unsigned, but i t i s in the handwriting of the Neosho *gent,
Isaac T, Gibson.
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276
Those 5 mixed biocd Osages have proved up th e ir
claims and obtained patents a s provided, by law, but tne
b itte r h o s t i l i t i e s o f the w hites continues.
S e ttle r s p e r sist in elui&ing and occupying each of
th a ir tr a c ts of land, s e llin g and destroying the timber
howling o ff the r a i l s aiads and la id up in fence hv these
mixed bloods, digging up fr u it tr e e s s e t by these mixed
bloods, and carry them away, and in one case preventing
the owner (a widow) from liv in g on her tr a c t fo r fear of
her l i f e , her husband . . . . having died from the i l l
treatment received from a mob of s e t t le r s th at burned his
house and e f f e c t s .
These heathenish persecutions are permitted and
countanaeed in the Courts of one of the moat densely
populated counties o f the State o f Kansas—a c itiz e n who
i s a prominent marker of tha bar and the clerk of the
D istr ic t Court recen tly expressed to me hia determination
to disposals;.; tnose 5 Oaage C itizen s o f th eir homes, since
they received th e ir P atents, alled gin g that the Courts o f
Kansas #ould do so and g iv e tlxs land to tha w hites "jumpers"
now occupying thes^—3uit8 have already been brought for
chat purpose*”—
!!© romanced tim t the b ettor c la s s of people
could not to le r a te those Indians among the®, that he was
not w illin g h is children should attend school with those
o f the mixed bloods A c., which I repeat to show the un­
reasonable prejudice that e x is ts on the border against the
Indiana.
The self-su p p ortin g capacity of thooo Osage C itizen s,
th e ir m orality, th e ir virtu© and th e ir honesty has not been
questioned-—1They ars in te llig e n t and industrious and provide
w ell fo r th e ir fa m ilie s. The number o f white persons on
the Kansas border vrhc are th e ir peers in point o f c iv iliz a ­
tio n i s so lim ited th e ir influence afford s no protection from
the outrages tout public sentiment parsiits end encourages*
Under these crushing discouragersents they have con­
cluded i o u se less to p e r s is t longer in t h e ir f r u it le s s
attempts to remain C itizen s o f the United S tates ana they
ask me to r e sp e c tfu lly p e titio n tha ikm. Sec. o f the
In terio r for permission to s e l l th eir homes in Kansas for
a nominal p r ic e , i f they can obtain anything, and follow
tha trib e to the Indian Country and there share w ith them
in the parch.,t># o f a now Kesorvation.
They ea rn estly request an affirm ative answer as
early as p racticab le, so that they may bo able to s e l l »»d
give such possession as thay can to purchasers who may
p o ssib ly prevent the "jumpers" p lanting a crap on th e ir
lands th is spring.
One of them, the widow has already so-ld her land—
her deed to tb© purchaser ia enclosed herewith subject to
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277
thy imjt fic tio n s and approval or di siapproval*
23
Uventaally the half-bloods who bacaics c itiz e n s of the United sta te s
sties to have rejoined the trib e in Indian T erritory.
Tho C iv iliz a tio n Party
among the Osages p e titio n s the 0-sage ,r-ent in 1875 not tc permit tha h a lfbloods from Kansas to share enu.dly with the f all-blooda unless they r e ­
funded tha pries o f the l*nd vf.ich they h..d received on tbo Ifeoaho and
Verdigris Rivers.
The C iv iliz a tio n Party further rviuested that the statu s
o f the Oflaje half-blood 3 from Kansas he I®torained by tha Osago National
Council . 24
Ob. October 26, 1870, th s Osage cosnnittee, which had bean appointed
by the council or fep timber 17 to formally s e le c t a new home in Indian
Territory, met at Cnxtayvill® {S ilv er Lake)**'®
There were fourteen Osage
committee-men to a s s is t Agent Gibson in th is important task .
They •were
Governor Joe, Nopowallu, L it tle Chiof, ito Heart, /dexauder B eyett, Augus­
tus Captain, Sam Bienvineu, T-ton-shou-fcah-eJti, Ua-hoh-kah, Hard Hope, Che02
topa, •.'ah-t:t-an-ka, Old Cl&rraoro, and Black Dog.
R elative to what action
the Committee took in regard, to s e le c tin g a new home Gibson wrote;
"In
regular Council ca lled for th at purpose the 25" of 10" Ko/70 they formally
selected th oir new home, situated equally on both sid es o f the 9S° west
23Gibaon t o Delano, Pebr. 28, 1872, MS.. Neosho Agency L etter
Press Book "A”, pp. 2 4 3 ff, in Gibson Papers.
24
Osage P etitio n , to Gib non, A pril 3 , 1875, MS., in Gibson Papers.
25
See maps fa cin g pp. 206 , 208.
26
"Minutes o f Osage Council Appointing D e l., to Cherokee Nation
10/26/70." These minutes are on the back o f a le t t e r , Acting Com?., h* S.
Clum to J , Nalson H arris, care Isaac T. Gibson, Oct. 4 , 1370, in Gibson
Papers. A photostat o f these minutes i s in a f i l e la b elled "Barsons Osage
L etters", In the Osage Museum, Pawhuska, Oklahoma.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
278
longitude, and extending
from th.9 Kansas
3tata lin o on thenorth, to the
Creek Him on the South,
making a tract 60 m iles long & 16 2 /3 m iles
wide comp r isin g 640,000 acres or 160 acres for each o f the 40C0 popular
tio n
27
Gibson, explained the
number
of acres selected by him and the
committee by saying that the la te census showed a population oi 3130 but
• *
23
the Osages claimed there were 830 absentees which made the t o t a l 4,000.
The committee o f the Board o f Indian Commissioners reportad that
the Osages, at the September cou n cil, gave 3,500 a3 the number of th e ir
population.
The committee also reported that the Osages agreed to ac­
cept the land immediately west o f the n in ety -six th meridian at f i f t y cents
per acre*54® And i t was upon th is report, not the s e le c tio n made by the
Osage committee on October 16, th at the Secretary of the In terio r, Colum­
bus Delano, based his executive order of March 27, 1871, designating the
f i r s t o f f i c i a l Osage reserve in
Indian Territory.
Delano’ s "Executive
Order" reads:
I concur in your recommendation that there be
assigned and sot o ff to th e Groat and L ittle Osages a
tract situ a te w ithin the Cherokee country described as
follow s: Beginning a t a point where the ninety six th
meridian of longitude west from Greenwich in ter sects the
southern boundary of Kansas; thence south along said
meridian to the lin e separating the Cherokee country
from the Creek country; thence westward on said lin e
to a point so th at a lin e running from such point par­
a l l e l to said meridian t o the said boundary of Kansas
and w ith said boundary to the place o f beginning w i l l
^ S e e map fa cin g p. S®3 *
^Gibson to Parker, Dec, 20, 1870, "Description o f Land Selected
by the Osages fo r a home and reasons fo r the same," in CSP 1870, H47, IOR,
NA, A copy o f t h is le t te r which i s in the Gibson Papers i s not dated,
29Report January 3 , 1871, M3., in Neosho F ile 1871, CIS, IOR, NA.
R ep ro d u ced with p erm ission o f th e copyright ow ner. Further reproduction prohibited w ithout p erm ission .
27 9
enclose an area containing 560,000 acres.
30
Tims were the Ganges o f f i c i a l l y located in Indian T erritory.
The p hysical removal o f the Osages from Kansas was not only a
piece-meal a f fa ir s , but a by-product of buffalo hunting,
according to
Gibson’ s annual report, soon a fte r the cou n cil in September, 1870, the
greater portion of the trib e went to the p la in s fo r the f a l l and winter
hunt*
Others l e f t for the hunt after they had o f f i c i a l l y selected th eir
new home on October 26, 1870.
32
I t i s not probable that very many of the Osages who did not go on
the winter hunt moved to S ilver Laic© in Indian T erritory before th e ir new
home was selected by th e ir committee and agent on October 26.
However,
the transfer of th e ir camping place from Montgomeiy Post O ffice to S ilver
T>kfi - a distance of about s ix ty m iles - must have taken place soo:n a fter
th eir future home was se le c te d , fo r on December 5, Gibson wrote that "most
of them are on the hunt, except the old & decrlpid and those without ponies,
who have by my d irection removed to the Indian T erritory on the L ittle Yerdig r is River, West of tha 96-“ Meridian, where it has been calculated for years
33
past to locate the Osages— "
30C. Delano to Commissioner o f Indian A ffa irs, March 27, 1871, MS..
o rig in a lly in Neosho F ile 1871, 1253, now in "Executive Order F ile" which
i s arranged by date. Printed in Executive Orders R elating to Indian Re­
servations From May 14, 1855 to July 1., 19131 Government P rin tin g O ffice,
7/ashington, 1912), p. 145,
31
ARCIA. , 1871, p . 489.
3SGibson to Parker, Dec. 20, 1870, "Description o f Land selected
by the Osages for a home and reasons for the Same".,lo c . c i t .
33Gibson to Parker, Dec. 5, 1870, in Neosho F ile 1870, H1668, IOR,
NA.
R ep ro d u ced with p erm ission of th e copyright ow ner. Further reproduction prohibited w ithout perm ission.
I
I
C o u rtesy M rs. W. I* H o sie r
Josep h H o sier
R ep ro d u ced with p erm ission o f the copyright ow ner. Further reproduction prohibited w ithout p erm ission.
280
The number wiuj did not go on the winter hunt of 1870-71 was
about three hundred.
ment funds*35
34
These were subsisted a t S ilv e r Lake out o f govern­
On September 13, 1870, Gibson enrolled tha Osages and
found there were 3,145 members of the tr ib e .
36
Therefore, about 2,850
went on the hunt immediately a fte r the removal co u n cil.
The Osages who went from Montgomery Post O ffice on the f a l l and
w inter hunt returned to S ilv e r Lake in th e Cherokee Nation about the middle
o f March, 1871.37
Gibson arrived at S ilv er Lake from Washington, D. C .,
March 22, 1871, and entered in h is diary for the tw enty-third, "Osages
*
mostly in 4^om 'the hunt— "
\
14 April a l l the bands, except the L it t le Osages, went back to
Kansas "for th e ir things."
38
The general Indian appropriation b i l l of July 15, 1870, Section 12,
contained a provision "to defray the expenses of said removal, and to aid.
in the subsistence o f the said Indiana during tha f i r s t year, there i s here­
by appropriated out o f the treasury , • • » the sum o f f i f t y thousand d ollars
to
bereimbursed to the United S ta te s ,. . .
39
34The new lo ca tio n o f th e Naosho Agency,
Gibson to My Dearly Beloved'Mother,' Febr. 12, 1871, in Gibson
Papers,
^Memorandum near the back o f Gibson’ s Diary, 1870.
37
■ARCIA. , 1871, p . 490.
^ I b id . , April 27. For th e lo ca tio n o f the various Osage towns
see map fa cin g p . 282.
®®16 S t a t , L ,, 362; Barney, Lews R elating -to Osages, p. 12.
a f u l l te x t o f sectio n 12 o f the b i l l see Supra. ppT"l87f.
R ep ro d u ced with p erm ission o f th e copyright ow ner. Further reproduction prohibited w ithout perm ission.
For
281
The disbursement o f tM s fund throws some additional lig h t on
the removal n egotiation s.
On October 5, 1870, Enoch Hoag, the superin­
tendent, requested $25,000 o f the removal fund fo r subsistence and other
r e l i e f for the approaching w inter.
He wrote that in arranging fo r the
removal of tbs Osages "they, a t th e ir urgent request, were promised a porv
40
tio n o f the $50,000 appropriated fo r that purpose, at once —"
A fortnight la te r the superintendent again wrote to the Commis­
sioner, Ely S. Parker, and th is time requested $10,000 with which to make
a Peg capita payment to the Osages.
He reitera ted that they had been
promised a portion of the removal fund by the committee.
The superintend­
ent explained that the obligation to make a per capita payment to the Osages
came about at the removal negotiation s.
At f i r s t the Osages were urged to
l e t the government provide them with su b sisten ce, but a t the removal council
the Osages in siste d on a per capita cash payment fo r the reason that they
owed some small debts which they wished to pay; and because they desired
to trade a l i t t l e before going on the hunt.
hadbeen encouraged to expect a
For the reason that the Osages
per capita payment, the superintendent
thought i t would be a breach of fa ith not to comply with th e ir request,
e sp e c ia lly since they had assured him that no part o f the removal funds
41
would be necessary to pay th e ir actual removal expenses.
This second appeal and fo r c e fu l argument moved the Commissioner
o f Indian A ffairs to a favorable a ctio n .
On October 25, Hoag was n o tified
that $10,000 had been placed to h is cred it in the National Bank o f Lawrence,
40
Hoag to Parker, Oct, 5 , 1870, in Neosho F ile 1870, HL616, IOR, NA.
^Hoag to Parker, Oct. 20, 1870, in Neosho F ile 1870, H1545, IOR, NA.
R ep ro d u ced with p erm ission o f th e copyright ow ner. Further reproduction prohibited w ithout perm ission.
R eproduced with permission of the copyright owner. Further reproduction prohibited
R eproduced with permission of the copyright owner. Further reproduction prohibited without permission.
283
the "presents" in 1870.
The account was f in a lly balanced on June 30, t
1878, by a surplus warrant fo r $9.00 %o <1* Federal treasury . 45 I f these
funds properly belonged to the Osages, i t seeias that th ey should hare been
transferred to sons a ctiv e Osage account rather than to th e Treasury of the
United S ta tes.
Below is an. itemized statement of the dlsbursanent of the
en tir e $50,000 removal reimbursable fund:
1870
Oct,
17 H. B. C la flin & Co
«
"
25 Enoch Hoag, Supt. Osage Agency
31 J. Nelson H arris, Beef
Beq. No. 1397,
ft
n 1428,
f? it
1545,
If
it 1581,
n 1582,
9 tC .
$7,484.82
752.05
10,000.00
899.94
1,664.62
Req. NO. 1788
it
n
1868
»
n
2067
n
it 2320
618.00
105.00
11,430.00
17.045.57
sq . ooo-.oo46
1871
Jan. 19 A. H.
Feb. 11 Enoch
A pril 13
"
July 1
it
Perry Surveying
Hoag Supt.
"
"
Neosho Agency
it
n
b i l l and the bright prospects for the future, the Osage did not depart
from th e ir old home in Kansas without displaying a great feelin g of regret.
"At early dawn o f the day a fte r the trea ty had been signed the a ir was -fille d
with c r ie s o f the old people, e sp e c ia lly the women, who lamented over the
. graves of th eir children, which they were about to leave forever . . . .
*"4^
I ................ :.......................................... ................ ..... ............................................................................... ......
45
Indian Appropriation Ledger No. 19, f o lio 179, MS.. In FD, OIA.
46
Ibid . The Osages repaid t h is $50,000 on June 28, 1876 when
$166,174.63 was taken from th eir funds to cover a l l reimbursable funds that
had been advanced them from 1869 to 1872 in clu siv ely . (0. F. Far, Acting
Commissioner o f Indian A ffa ir s, to Kappler and M errillot, Nov. 18, 1908,
Fi^Le Ifo, 67738 - 1908 - Osage 220v IOR, NA),.
'
47
r ’
■ '%
"Report o f the. Committee o f t he* Beard o f Indian Commissioners,
Jan. 3 , 1871, HS., in Neosho F ile 1871 ,^.01$, ^xSfci-%4: D aily
Bacord, Sept. 17, 1870.
~
—— —
R ep ro d u ced with p erm ission o f the copyright ow ner. Further reproduction prohibited w ithout p erm ission.
284
About a weak a f t e r th e rem oval b i l l bad been s ig n e d , some of th e
Osages p a id Independence, K ansas, a v i s i t to b id t h e i r p a le - fa c e b ro th e rs
good-by.
T h is v i s i t h a s b een d e sc rib e d by P r o fe s s o r N. B o le s, who was th e
p r i n c i p a l of th e sc h o o l a t Independence a t th e tim e and p a r tic ip a te d in th e
f i n a l Osage p a r tin g ceremony.
P ro fe s s o r B o les e s tim a te s th a t about f i f t y
Osage w a rrio rs w ith t h e i r w ives and c h ild r e n encamped in th e c e n te r o f In ­
dependence.
H ere, a f t e r consuming about an hour in a p p ly in g p a in t o f v a rio u s
c o lo r s , th e y gave a grand w ar dance and sang w ar songs around t h e i r drum*
At
th e c lo se of th e dance ceremony, Konsaka h o la , co u n se lo r fo r th e Big H i l l band,
made a fa re w e ll speech in which th e b e au ty and rhythm o f a war p a in te d Osage’ s
sad b u t p o e tic a l mind i s ad m irab ly re v e a le d i f P r o fe s s o r B oles was an accur­
a te r e p o r te r :
B ro th e rs o f th e p a le fa c e s : I w ant to make a
t a l k w ith you. We have danced f o r you o u r l a s t w ar
dance and sung you our l a s t w ar so n g . Many moons ago
th e Osages w ere a g re a t n a tio n . Our w a r r io r s and women
and c h ild re n ware a s many a s th e s t a r s o f th e sk y , the
le a v e s o f th e t r e e s , and th e sands o f th e se a shore;
now th e y a re m erely a h an d fu l • • » • • Upon the b r ig h t
w a ters of t i e T e r d ig r is , the E lk and F a l l r i v e r s we have
s a ile d in our l i g h t canoes to s p e a r th e f i s h and h u n t th e
w a te rfo w l. Over th e s e b e a u t i f u l h u n tin g grounds we have
chased the d e e r, th e b e a r and b u f f a lo . By the s id e s o f
th e se green g rd v e s we have b u i l t o u r wigwans, danced our
war dances and lig h te d up o u r c o u n c il f i r e s . We lo v e th e
la n d s w hich th e G reat S p i r i t gave u s lo n g b e fo re th e p a le
fa c e s came a c ro ss th e g r e a t w a te r . L a s t week we signed
th e t r e a t y a t Drum Creek t o s e l l o u r la n d . . . . . Now
we go away.4®
48P r o f . N. B o le s, "S ig n in g o f th e Osage T re a ty " , in Independence
T ribune ( I l l u s t r a t e d e d i t i o n ) , J u ly 2 4 , 1901.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
BIBLIOGRAPHY
I*
M anuaoript M a te ria ls
1#
N a tio n a l A rchives
In d ia n O ffic e R ecords, R e tire d P il e s N a tio n a l A ro h iv ea, W ashington, d . C.
S tate^D epartm ent S eeo rd s, In d ia n T r e a t i e s , N a tio n a l A rc h iv e s, W ashington,
War D epartm ent R ecords, D epartm ent o f th e M isso u ri,
W ashington, D.C*
2*
N a tio n al A rc h iv e s,
*
N a tio n al D epartm ental A rchives
G eneral Land G ffio e . O ffic e Commissioner o f th e G eneral Land O ffic e .
Departm ent o f th e I n t e r i o r , W ashington, D.C.
In d la ! f Cl S ? ! . E! S r ? “ '
I«>4 D l r t . l c o . O ffic e Com niseloner
o f In d ia n A ffa irs * Department o f th e I n t e r i o r , W ashington, D.C*
S ta te D epartm ent R ecords,
S ta te D epartm ent, W ashington, D.C,
War D e p a rto e n tR e o o rd s , O ffic e rs D iv is io n .
D epartm ent, W ashington, D.C*
S.
A d ju ta n t G eneral»s O ffic e , War
S o c ie ty A rchives
Bureau o f C a th o lic In d ia n M issio n s, W ashington, D*C.
J e s u i t A rchives F o r th e P ro v in ce o f M isso u ri, S t , Louis U n iv e r s ity , St*
L o u is, Mo*
Kansas S t a t e H is to r ic a l S o c ie ty , Topeka, Kansas*
Oklahoma S t a t e H is to r ic a l S o c ie ty , Oklahoma C ity , Oklahoma.
Q uaker R ecords. D epartm ent o f Records o f t h e Y e a rly M eeting o f th e R elig io u s
S o c ie ty o f F rien d s o f P h ila d e lp h ia and V ic in ity under The R e p re se n ta tiv e
M eeting, 302 Arch S t r e e t , P h ila d e lp h ia * P a ,
285
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
286
4*
T r ib a l C o lle c tio n s
Cherokee R ecords, P rank P h i l l i p s C o lle c tio n ,
S om an, Oklahoma,
U n iv e rs ity o f Oklahoma,
Osage R ecord#, R e tire d P ile s j Osage Museum P i l e s , Osage Agency, Paidmska,
Oklahoma.
5,
P r iv a t e C o lle o tio n s
C larice, Sidney* L e tte r s and Papers
This v a lu a b le c o l l e c t i o n , 'which i s u n c la s s if ie d and w ith o u t any a rra n g e —
m ent, is now owned by Sidney Clarice J u n io r o f 729 North Broadway,
Shawnee, Oklahoma. I t seems t h a t Congressman Clarice c o lle c te d m ost
o f t h i s m a te r ia l w h ile h e was a R e p re s e n ta tiv e from, Kansas (1865-1871).
There a r e about tw enty thousand l e t t e r s i n t h i s c o ll e c t io n most o f
which a r e l e t t e r s re c e iv e d and r e l a t e to e v e ry c o n ce iv a b le su b je c t*
U n fo rtu n a te ly v e ry few co p ies o f o u tg o in g l e t t e r s w ere made o r have
been p re s e rv e d . Many Kansas newspapers a r e i n th e c o lle c ti o n a s w e ll
as f e d e r a l docum ents, b ooks, a few v e ry im p o rtan t pam phlets and some
maps. Much o f t h i s m a te r ia ls r e l a t e s t o In d ia n s o th e r th a n th e O sages.
The c o lle c tio n c o n ta in s some i n t e r e s t i n g m a te r ia l on th e t e r r i t o r i a l
h i s t o r y o f Oklahoma and th e Boomers, There a r e a ls o some fa m ily Revo­
lu tio n a r y War re c o rd s and p r iv a te correspondence (o a . 1775-1800) t h a t
seem t o have an h i s t o r i c a l v a lu e .
G ibson, Is a a e T. L e tte r s and Papers
This c o lle c tio n i s now owned by A. H. and T, B» G ibson, 60'7 Grandview,
Ffcwhuska, Oklahoma, This c o lle c tio n i s d o u b tle s s th e b e s t s in g le
so u rc e o f Osage h is t o r y f o r th e p e rio d 1869-1876. W hile t h i s ju n g le
o f r ic h m a te ria l is u n c la s s if ie d and w ith o u t tiny arrangem ent i t appears
t h a t Agent Gibson n o t o n ly p re se rv e d ovory l e t t e r which he r e c e i v e d o f f i c i a l , u n o f f i c i a l and fa m ily —b u t made c o p ie s (From 1872 he k e p t
l e t t e r p re ss books) of a l l outgoing l e t t e r s o f w hatever n a tu r e . He
r e l i g i o u s l y k e p t a day by day d ia r y and i n a d d itio n he f r e q u e n tly
j o t t e d down memoranda on lo o s e s h e e ts a p p a re n tly a t th e tim e im p o rtan t
ev en ts t r a n s p ir e d . There a r e thousands o f th e s e l e t t e r s and te n l e t t e r
p re ss books (500 pages to th e book) s ix y e a r ly d i a r i e s , many new spapers,
f e d e r a l docum ents, maps and oopies o f r e p o r ts t o th e S o c ie ty o f F rien d s
and to th e O ffic e o f In d ia n i f f a i r s . L e tte r s t h a t a re e x c lu s iv e ly
p e rs o n a l- to h is c h ild r e n , w ife and m o th o r-are e x ce e d in g ly r i c h in Osage
h i s t o r y . Hot an unim portant p a r t o f t h i s m a te r ia l i s a o o lle o tic m of
many p ic tu r e s o f th e im p o rtan t O sages, and two o r i g i n a l draw ings o f
th e agency a t Peep Ford (Pawiiuska).
There seems to be c o n s id e ra b le Freedman m a te r ia l in th e o o lle o tio n
p a r t i c u l a r l y p e r ta in in g to th e e sta b lis h m e n t o f Negro sch o o ls i n th e
S ta te of M issouri*
Mr. Gibson a p p a re n tly added to h i s p ap ers u n t i l h i s d e a th i n 1915
b u t seem ingly a f t e r 1885 th e m a te ria l p a rta k e s o f a p e rs o n a l n a tu re
on ly —r e lig io n *
A t0hi? S
S a n ta Fe R a ilm ys C o ., S ta tio n L e tt e r F i l e 1959,
xwohusic&f Oklahoma*
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
887
6.
State Court Records
Kansas Eleventh (nor Fourteenth) Judicial D istr ic t. F ir st naturalization
Reoord, Book A, D istrio t Court, Independenoe, Kansas.
II*
O ffic ia l Doqujnents
1.
Federal
1774-1927 3he Continental
^
£ f^g rcB 8io n a l
S
S
'
ty~-n£ iSE5'
irth Congress
Congress M
j o j ^ e Tsix
ix ty
^alFoIT‘4 *
lusiTQ, C
I UovemSent
—
W eH H eSW
r P-AT»V"n,W
r E ffiT O T o-r—
.:
33 Cong, 1 s e s s , , P a r t 2 j
2
37 Cong. 3 s e e s , , p&rt I t
S i : 8 }• Z‘ 3 - ** 40 Cons. 3 s e a s . ,
’
U nJ.
* 2‘
5* 6‘
* « » « « . O ffice,
C ourt of Claims R e p o rts, V ais. XX, XLV.
— ' 'y ^ y S - . T T - ^ r f r f
^
Fro® Itay 14, 1855 t o J u ly
-i* i £ i 2 (Government iH n H n g O iTioe, M a s k in g !!^ T S fejT ------ ' -----Heitman, ^Francis B ., Comp.
H is to r ic a l H e g is te r and D ir e c to r s
+•*>» nw<+~,»
“ ^ I S tt^ o l; ^ S & g j £ 5 ^ - a - a («—
House Poo, go. 538, 56 Cong. 2 a e s s .
5 2 !2 ^ S i T T lf1 ! ® ’ ^ ' 222I — — • & S £ £ . ' l n ‘ 381« S7* « Oong.
i
I
n
J 3 > e r R n g . 2 s e e s .} J g T ® 7 n Cm*. T T m I t ! Noe.
"“**- —sfvw *»«• s
so! S ;
5£2& r i ' o ^ . S 3^ s' 5 — •* * • a s -41C8^ 1 88«->
~ ig ^ 3 S g .% e 2 .? r ^ .2i5 iir 4 « ^ % n ;8f Bms’ s sMa** £ •
c°*g»
« i f ^ l r e , Leon, y d Treaties (Goron®**
Printing O ffice, Washington, T ^ -l& g T r ^ d l s .' l i , i f f ; 17.
18
< « •" —
» M n t i® ,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
288
Priated Records o f the Court of Claims Bos. 258, 518, 877.
(Coterm eat P ria tia s
~-w r^ *r* xouj» _£«*£, -lobs , zees, i
2 ^ ^ r W r T O x f 3 5 r o f 7 f ^ , mEinsEmLj
^SSS^^SL £ s& * * u f — 1522 (O^rnmeat Printing office, YJashington,
Richardson, Janes D., Comp, A Compilation of the Messases and Papers of
•S£ ^5.slden^. CGoTernraent Printing OfTToeTTSanSlfe^
m .
Royce, C. C. "Indian land Cessions", Eighteenth Annual Reports o f the
Tz3S£J£ 45S S ^ , - ^ S ^ Z ^ giT g q o r e t a S r S T T g r T E S r a s a m
^ ^ ro r^ g g :
"~~~TcriC> ^ de?t ^a l Ete^ tlT-g j - *8 <*»*. 1 M I* .| C onfidential Executive a
L 6e
-----------C onfidential Doetmente, C. 3 . S en ate™ 38
and 39 C ougrseae a . Tfid.?-T?>rp.
I ” ™ ? 1.*8 I - 3• S en ate 40 C o n g ress. 1867-1869.
S en ate Poo. Bo. 519, 58 Cong. 2 sess*
5aaT O .^ :,^ |r s i c2o^“i^ .^ 41
S e n a te ^ u t i v e
J o u r r a l.
!
*• 12.
Y o ls. X7I (1867-1869); J 7 I I (1869-1871).
iSSS^JS}® * Doo* |2 *
40 ConS* 2 s e a s . ; Bo. 34, 40 Cong. 3 s e s s . . Bo.
l b 41 Cong, r ^ s e s s . j Bo. 137, 42 Cong. ? ~ s e s 8 .
—
S e ssio n Laws, 41 Cong, 3 s e s s .
Statutes at^Lar|e^<
2# Psmphlets
Clarke, Sidney, Remonstrance Against the Treetv m **, +»,A
Osage IndianTT f c A r e . ^ ^ f S n lg n T O
T ^
...
L ittle
~
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
m
^
- WlDdl6 (G ibson B a t t l e r s , P r i n t e r s ,
“^ T o I 7 ^ ^ ?‘ °f *** Kaasa® S ta te H is to r ic a l S o c ie ty , Topeka, K ansas,
K a llo ch , I . S . , Kobiason 0 . , B lack led g e, A. 1U, and Baboook, 7«n. The Osage
| r e a t £ ( n . p . , 1868)% Osage Museum, Pawhuska, Oklahoma? SicEorTOrEe
L e tte rs and P ap ers, 729 N orth Broadway, Shawnee, Oklahoma,
£«S^ ^ .g 2 1
-
S ls fe ’
on In d ia n A f f a ir s ,
A S T I H a s r r a i ; --------
(ate“
* “
o f * m t '“
S ° “! K » ^ a (» •* . « * - . p . ) . Osage tm m m . P a n ta e ta ,
Oklahoma; S id n ey tileries l e t t e r s and P a p e rs, 739 fforth Broadway, Sheenes!
Oklahoma.
5% Law B r ie f
IS 2 5 **£
r r r ^ f . r r ^ t ?a ^
0s&s® N atio n o f In d ian s (W. H%
lo o r e T P r ^ te r , 511, l l t h S t. f lT W r ^ e T O g E o C T .T f T ^ ^ d . )
4% M iscellaneous
e d ite d ^ H a lte r Lowrie * t a l . (In d ia n A f f a ir s , I ) .
(G ales and B eaton, W ashington, 18S3-1861), "ToTT V,
B anks, E l l i o t t . R eports o f Cases Argued and P e te m ined i n th e Supreme Court
« £ 3 2 1 .S ta te of Kansas ( S ta te Jroum aTTteam power J ^ M iT M a E T T T TT.----Konkin & C o., Law rence, K ansas, 1 8 6 4 ).
'S'tate P r in tin g House, Topeka, K ansas, 1870).
In d ia n Documents o f th e Oklahoma S ta te H is to r ic a l S o c ie ty (Tfet. p . A d air
C o lle c tio n ) , Oklahoma C ity , Oklahoma, Y o ls. I I , XIY, X7.
K a n sa s^ H isto rio al Clip p in g s o f th e Kansas S t a t e H is to r i c a l S o c ie ty , Topeka,
Ig g s -gg. Jfoe Cherokee N ation Passed D uring t h e Y ears 1839-1867, Compiled ta
!± R e l a t i o n a l C ouncil (M dsaourl b e a d o ra t I V l n t r ^ C \ w f i r
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
290
Woodstock L e tte rs * (Wcodstook C o lleg e, Woodstock, M aryland). Vols* XI*
X II.' "These l e t t e r s were o r i g i n a l l y is s ued in pam phlet form a t reg u ­
l a r i n t e r v a l s . However, th e v a rio u s J e s u it i n s t i t u t i o n s d id n o t
hind, them in a uniform manner* At St* Louis "U niversity each volume,
one hook, re p re s e n ts a year* At Georgetown U n iv e rs ity two volumes
a ro hound in one hook*
III*
Hews papers
A d v e rtis e r, The. C ouncil Grove, K ansas, Hay 21, 1870*
A dvocate, Tho*
Tahlequah, Cherokee N atio n , A p ril 18, 1874*
A tohiaon D a ily Champion* A tc h iso n , K ansas, March 2 5 , 1880*
C leveland American*
C leveland, Oklahoma, S e p t. 16, 1937.
D aily Kansas S ta te Record* Topeka, K ansas, S e p t. 3, 13, 17, 31, 1870.
D a ily Oklahoman, The.
Oklahoma C ity , Oklahoma, June 2 , 1929, A p ril 6 , 1939.
Emporia T ribune, The*
Emporia, Kansas, May 18, 1870.
F o r t S c o tt M onitor, The.
li^ t T H 'S S 'e .—
F o rt S c o tt, K ansas, June 10, 17, 24. J u lv 6 . 18.
F o rt S c o tt Weekly M onitor, The* J u ly 8 , 1868*
Independence P io n e e r,
Independence, K ansas, S e p t. n . d* 1870*
Independence T ribune,
I l l u s t r a t e d e d ., Independence, K ansas, Ju ly 24, 1901.
Iro n to n R e g is te r,
Iro n to n , Ohio, O ct. 14, 1875.
Jo u rn a l P o s t, Kansas C ity , Mo* Feb. 14, 1926.
Kansas D a ily T ribune, Lawrence, K ansas, J u lv 4 , 1868, June 13, Aug. 5 , 1869,
?ep fT T 57T ^ T :
Lawrence D a ily R epublican.
Lawrence, Kansas, J u ly 1 , 9, 11, 1868.
Lawrence T rib u n e, Supplem ent.
Lawrence, K ansas, March 28, 1871.
M onitor, The. F o rt S c o tt, K ansas, Aug. 26, 1868, J u ly 20, 2 6 , 1876.
N a tio n a l F ree P re s s * W ashington, D. C.» A p ril 10, 1880.
Osage M ission J o u rn a l. M ission T om , K ansas, Aug* 5 , 20, 1868*
Oswego R e g is te r, The*
Oswego, Kansas, A p ril 10, J u ly 2 , 1869.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
291
S t . P au l J o u rn a l, The.
Sun, The.
S t . P au l, K ansas, Aug. 4 , 1938.
Pars ana, Kansas, S e p t. 30, 1876.
W estern Home J o u rn a l.
Lawrence, K ansas, March 18, May 6 , 1869, S e p t. 1 , 1870.
IV.
Craw ford, S . J .
1911).
S ta te H is to rie s
Kansas in th e S ix t ie s
(A. C. McClure and C o ., Chicago,
H is to ry o f th e S ta te o f Kansas C o n tain in g A F u ll Account o f I t s Growth
From on ifn in h atilied T e r r ito r y to a We’altK y and Im p o rta n t S t a te ; I t s
5apid~~5iorea8e in P o p u la tio n , And The Ifetrrolous Development o f TEs
G reat Ba t u r a ! Resource s . A lso , a_ Supplem entary H is to ry and D e sc rip tio n
o f I t s 'C ounties, C i t i e s , Toms’ a n d V illa g e s , T h eir A dvantages, i n d u s t r i e s ,
T S h u fa ctu rin g and "domaeroej To'"Wfiioli a re Added S io g ra p h ic a l Sketches
and 'P o r tr a its of" Prbininent“ Men and 'E a r ly "SeEEIeriT l l l u s t r a t ’ed^(A.
7 7 “Andreas, Chicago', 1883).
Oklahoma S p e c ia l Lim ited E d itio n (The American H i s t o r ic a l S o c ie ty , Chicago
and! Hew Kork, 1916).
P r e n t i s , Noble L. A H is to ry o f Kansas (P u b lish ed C a ro lin e E . P r e n tis ,
Topeka, Kansas'! 1S>64).
Thobum, Joseph B ., and W rig h t, M u rie l. Oklahoma A H is to ry o f th e S ta te
and I t s People (Lewis H is t o r i c a l P u b lish in g C o ., I n c . , ‘SeW~Ydrlc, 1929),
T O .~T 7
W ild e r, D aniel W. The Annals of Kansas
in g House, T o p e ^ ,'’KansasT^i^7,^y«
(George W. M a rtin , Kansas P u b lish ­
V. County and Local H is to r ie s
C ase, N elson, H is to ry o f L a b e tte County, Kansas, From th e F i r s t S e ttle m e n t
t o th e C lose or
(drane and C o., " P u b lish e rs, TopeJca, K ansas, 18^3)•
D yer, T. J . . F i r s t W hite S e ttle m e n t i n Oklahoma - A S to ry o f th e F i r s t
W hite S ettlem en t' in What i s now th e S ta te o f"*Oklahoma, th e n Known
as Indfan t e r r i t o r y , and TTQie'r S to r ie s (B y T . J. S y e r, Alva, Oklahoma,
cT9‘337T
G raves, W. W. H js to ry o f Neosho County Newspapers (The S t . P aul J o u rn a l,
S t . P a u l, K ansas, T53&JV
— ■
— « Annals o f Osage M ission (P u b lish ed by W, W. G raves, S t . P a u l,
Kansas , ci^S’^ J .'
—Hr— P o r t r a i t s and B io g ra p h ic a l Album o f Henry County, Iowa (Acme P u b lish in g C o.,
I 8M ) .
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without permission.
292
V I.
S p e c ia l Monographs
Brown, L ula Lemon. The Cherokee N e u tra l Land C o n tro v ersy (The G irard
P r e s s , G ira rd , JaZ saa T T m T *
------------------------------Buckingham, S h an eser, Comp. Solomon S tu rg es and H is Descendants A Memoir
And A Geneology (The G rafton P re ss,N e w Y orkM ChV lI).
D a n g e rfie ld , Hoyden J . JEn Defease of t h e S e n a te , A S tudy in T reaty TifeiHng
(U n iv e rs ity o f Oklahoma P re s s ,”*Woroan, ^ ia lio n k y l9^3~JT
F it z g e r a ld , S i s t e r Mary P a u l. Beacon on The P la in s (The S a in t Mary C o lleg e,
Leavenw orth, K ansas, 1939}*
Foreman, G ran t. In d ia n s & P io n e e rs , The S to ry of th e American Southwest
‘b e fo re 1830 (Tale tfn T v e rsity ^ r e s s , fW Haven, l9$'0
F rench, H. W. A rt and A r t i s t s in C o n n ecticu t (Lee and Shepard P u b lis h e rs ,
B oston, C h arles "T• D illin g h am ,' 'Sow Y ork, 1879).
K elsey, Hayner rtiokersliam. F riend s And The In d ian a 1655-1917 (P u b lish ed
by th e A sso ciated E xecutive Committee o f F rie n d s on In d ia n A f f a ir s ,
P h ila d e lp h ia , 1917).
Schm eckebier, Laurence F* The O ffice o f In d ia n A ffa irs I t s H is to ry , A c t iv iti e s
and O rg an izatio n (The Johns Ifopkins 3?ress, lla ltim o re , 1927 J.
S t a r r , Etasdt. H is to ry o f th e Cherokee In d ian s and T h e ir Legends and F olk
Lore (The Warden Company,’ Oklahoma "(J'i’t y ,' 152TJ7"
V II.
Biography
G raves, ¥ • 1?. L ife and L e tte r s o f F a th e r P en a lg lio n e Schoenmakers and O ther
E a rly J e s u its ' aT "dsage M ssT o n ’’—* Slcetoh 'o f S t. F ran cis Church.; L ife '
o f llfctker Sridfget' ' (P u b lish ed by W. W. (jrav es, S t . P a u l, Kansas, 191S).
— — . L ife and L e tte r s o f Rev. F a th e r John Schoenmakers, S . _ J., A postle
to th e Osage's (lhe~Cojaneroial tub'lisW rs, Parsons, Kansas"^ clDt'S JT.
V III,
C yclopaedias
C ath o lic Encyclopedia An I n te r n a tio n a l Work o f R eference on th e C o n s titu tio n ,
Oootrine, jjiso'i'piEne, and History of the Catholic" 'CburoE"Ttfbe Encyclopedia
-------------------------------------
l b lo n e , Dumas, e d . D ic tio n a ry o f American B iography (C h arles S c rib n e r’s Sons,
Hew York, 1 9 3 3 W / x , M 7
P o r te r , K irk H ., Comp, n a tio n a l P a rty PlatformB (The M acmillan C o ., Hew
Y ork, 1 9 2 4 ) . --------------------------------------
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293
IX.
C om pilations o f Osage Laws and T re a tie s
B arney, Ealph A. Laws He l a tin g to Osage T ribe o f In d ia n s from. May 18, 1824,
to March 2, 1§21T (The O s'age'Trint'ery^ PaTjhuska, Oklahoma el9§977
F it z p a tr ic k , W. S . , Comp. T re a tie s and Laws o f th e Osage N ation as Passed
t o November 26, 1890 (ftresa o f ^Ee C 'e d a r^ a le C o m e rc ia l, Ce3ar V ale,
lansasTTMbTT -----X.
S p e o ia l A r tic le s in P e rio d ic a ls and P u b lic a tio n s
o f Learned S o c ie tie s
Chapman, B e r lin B. "Removal o f th e Osages from K ansas", The Kansas
H is to r ic a l Q u a rte rly , VII (A ugust, 1938), 287-297.
F itz g e r a ld , S i s t e r Mary P a u l.
(J u ly , 1936), 182-199.
"A J e s u it C ir c u it R id e r" , M id-A aerica, V II
------------------
F rie n d , The. " L e tte rs from th e Osages The In d ia n Payment-The Osage T re a ty ,"
By TT.“ F . G. , X LIII (Seventh D ay, Tenth Month £3, 1869-1370), 69-70;
76-77.
• "Second Annual R eport o f th e A sso ciated E xecutive Committee of
F rien d s on In d ia n A f f a ir s " , XLV (Seventh-D ay, llin th Month 23, 1871), 37.
F rie n d s Review. R eports o f v a rio u s com m ittees, XXIII (1869-1370), 684-687.
J e s u it B u lle tin (F ebruary, 1940), e t passim .
Kansas H isto rica l C o lle c tio n s , "School Land on th e Osage R csan rab io n ", V
r is s i-iw j;
-------— ---- .
"George A. Crawford" VI (1897-1900), 236-249.
— —- •
" In d ia n T r e a tie s and C ouncils A ffe c tin g K ansas-Dates and P laces
Where H eld, Names of T rib e s , Commissioners and Indiana Concluding Same,"
com piled from "In d ia n A ffa irs Laws and T r e a tie s ," V ol. I I , "com piled
by C harles J . K appler, 'Washington, 1S04; a ls o o th e r a u th e n tic so u rc e s" ,
XVI (1923-1925), 746-772.
L angsdorf, E dgar, "S . C. Pomeroy and the New England Em igrant Aid Company,
1854-1868", Kansas K is to r io a l Q u a rte rly , V II (Aug. 1938), 227-246*
N icholson, W illiam . "A Tour o f In d ia n A gencies in Kansas and th e In d ia n
T e r r ito r y in 1870", Kansas H is to r ic a l Q u a rte rly , I I I (Aug. 1934),
289-326.
~
"Osage M ission During The C iv il War From th e D iary o f Rev* P aul M.
P o n z ig lio n e , S .J .% S t . Louis C a th o lic H is to r ic a l Review, IV (O ctober,
1 9 2 2 ), 219-230.
- :
W hite, W illiam A lle n .
pp. 1 6 , 6 3 -6 5 .
" I t s Been A G reat Show", C o llie r s , (Feb. 12, 1938),
*
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294
XI.
Reminiscences
1.
Printed
Some R ecollections of John V• Farweil* A Brief Description of His Life and
ffusireW ^caajnxaoenoes^R. R. Donnelly & Sons Company/Thica^o, 19XIJ*
2*
Personal InterviaTvs
Ankrum* John* Paniiusba, Oklohe~.&, 1S37.
Byers* Chal.
Cleveland, Oklahoma, 1937.
Gibs or., A. H* Pa-whusks., Oklahoma, 1937.
Rogers* Sue M.
(Formerly Hrs. V.zi. P. A d air)., iazskogqe* Oklahoma, 1037.
Reproduced with perm ission of the copyright owner. Further reproduction prohibited without perm ission.
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