chiefs, and my father was one of them. I had a talk with you (speaking to Mr. Lang, one of the commissioners) the other day, and guess we are about the same age. We are so old that there is no one living to say who saw daylight first. I am getting old now, and can't stand as much as a young man. I think the Great Father should give me more than he does the young men; give me something every month. I want you to tell the Great Father to give me a pension.

COLYER. By a clause in this treaty, in section 12, the Indian shall have the right to stay here until the President shall issue his order concerning the same. That is, the treaty will not become a law until accepted by a proclamation by the President; and the Indians, of course, will have the undisputed right to remain in this country until the said proclamation is issued.

WA-SHA-PE-SHE, chief marshal of the Osage nation. Commissioners, and my friends: The business which you have come here for has this day been completed. The Great Spirit has given us a good day, and caused the sun to shine on us. I was present when the line was made between our nation and that of the Cherokees. Afterward the Government run the Kansas line, and this is what made the strip. We want the white man removed from our new home, and kept off of it. If they are kept off we will live in peace.

THUNDER AND LIGHTNING. I want to say something on the same subject. When the line was run between us and the Cherokees, I was there. I saw them as plain as I see you now. The Osages lived down the Verdigris; and I saw the white men pulling the chain along, and followed them. It went past the round mound, that bald mound in the south part of this county.

BIG JOE, the governor. My friends, we now already have been several days consulting on this bill that you have laid before us. Now, after a long time, we have consented to let this bill pass, although these lands are very dear to us. We want, when we go to our new homes, to have it to ourselves, and the whites to stop here. We want you and all the whites to understand it, and we want the white man to treat us liberally. We have drawn up a paper, which we want you to carry to the Great Father at Washington. (See Appendix 18.)

The council adjourned until after supper.

8.30 P. M.-The council met in front of R. W. Dunlap's residence.

The GOVERNOR. We have concluded, after much talk, that we will sign the treaty, and also four of my head chiefs, and the balance will sign it on Monday morning. COLYER. We want more than four chiefs to sign it. We don't want to carry it to Washington with so few names signed to it; but would like if all would sign it tonight.

TO-WAN-GA-HE. Our agreement was that only four chiefs should sign it until Monday morning, and we cannot do so now, as it is too late.

HOAG. I told you I wanted this business finished this forenoon, so that I could pay you this afternoon; but it has taken all day, and I cannot pay you to-morrow, as it is the Sabbath day, and the Great Father don't work on that day. I will either leave it, or come back in a month. You will have some 9 barrels of sugar, 600 pounds of coffee, 800 blankets, 2,000 yards of muslin, nearly 2,000 yards of calico, besides butcherknives, tobacco, &c., &c.-all presents from the Great Father. So you see you won't need your money so soon, as they are worth some $10,000.

The bill was then signed by Joseph Paw-ne-no-pa-she, governor, Clairmount No-pawa-la, To-wan-ga-he, Chish-a-wa-tunga, and Che-to-pah.

CHE-TO-PAH. One thing they wish me to ask you, and ask you to reflect on it; and if you think it all right, to recommend it. The chiefs say that it is the custom to have a copy of the treaty, and hand to every chief; and the commissioners generally distribute copies to all, and wish you to do the same now. They also want you to distribute medals, flags, &c.

COLYER. We have done a great work for you, and we feel proud that you have behaved so well; and I shall always remember you for so kindly signing this paper, and hope you will go to your homes and live in peace and harmony one with another and with your white neighbors.

Black Dog's and Little Clymore's bands did not arrive until Monday morning. They got together about 9.45 a. m., when the following proceedings were had:

COLYER. Perhaps you may wish me to explain this bill?

BLACK DOG. Yes; I want to know all about it, and what has been done by the other tribes.

COLYER. It has always been the custom to hold the council, and then the commissioners report to the Great Council at Washington. This time Congress has held its meeting first. When the Indians agree to this, it becomes a law. By the treaty of 1868, you were to get only a little over nineteen cents per acre. It was a railroad company, and not the Government, that was to get your land by that treaty. Now, if that railroad company had failed the Indians would have got nothing. The Great Father said this was not right. The Indians are my children, and I must take care of them. The Government said we will buy their lands. The Government won't fail.

You are to have $1 25 per acre. That is six times as much as the railroad was to give you. The land is to be sold to the white settlers for the same as is paid to the Indians. So all the money-every penny-goes to the Indians. That also is good enough. A small portion-only the one-eighteenth-comes out of the amount for school purposes, for the State of Kansas. It is so small that it is not worth talking about. Now, the Government agrees that, as you must lose this home, she will get you a home in the Indian Territory. The Government could have driven off the settlers, but she did not wish to do that. But she will sell the land and give all the money to the Indians. You are all familiar with your new home. You can buy one hundred and sixty acres for every man, and one hundred and sixty acres for every woman, and one hundred and sixty acres for every child. So you see, every member of the family can take just as much as a white man can take. The Government got your land as near your old homes as possible. It is the same kind of land, and timber, and water, &c., as this. It is twelve or fourteen miles east and west, by about sixty miles north and south, and takes in the Cana water and timber. You can go out and hunt buffalo as heretofore.

WAW-TAN-KA, one of Black Dog's councilors. I think we ought to have something to say about this treaty. We never got the word till three days ago that you were here, and when we got here this morning we find the other chiefs have signed it.

COLYER. Word was sent to you nearly six weeks ago. The Little Osages got the word three weeks ago, and studied over it till we had to send for them and make them come in. They had their minds made up when they got here; and considered it a good thing. The Great Father has a great many children, and must take care of them. WAU-TAN-KA. All Osages know that I am one of the head men of the nation. My men are here with me. You have gone to work and completed this without my being here, and for this reason we cannot sign it. I am a man who has always dictated concerning the disposition of our land. Nothing is more dear than land. Off the land we get our living. We can't eat money. The chiefs have told me that they have given this to the Great Father. I want you to tell the President that we want the land west of the ninety-sixth parallel. That is the mark I have laid down. I feel myself as a human being, and am able to study for myself. What I breathe sometimes spreads about. My desire is land, no matter if it costs $5,000,000 to buy it. We want to know when we will get our money.

COLYER. You will get $50,000 immediately, to pay for your removal to the Indian Territory.

WAU-TAN-KA. I am well aware that we are to have a part of it now, but when are we to get it yearly?

COLYER. Lands settled on at present will have to pay for them now, or in ten months from this time. They have twelve months from the time the act was passed, two months of which time has already gone.

THIRD CHIEF. I think our bands have got some influence. What we say, is the same as if all had spoken.

LITTLE CLYMORE'S COUNCILOR. We have got chiefs here who are head men, too, and I think they own a part of this land. The first man was a councilor in the same standing that I am, and I agree with him in what he has said. The ground we walk on is dear to us. We live on what the ground produces. I want to talk without being interrupted. The land out on the plains is not good for cultivation-you can't raise anything on it. I think we ought to have all of it to hunt on as long as the buffalo continues plenty and we want to hunt.

BROKE ARM. I have a few words to speak. I don't know anything about maps, or surveying, but know how this land lays, and all about our new home. The councilors have told you that we have land, big land. We are well acquainted with the salt plains, and we want that land. We don't know anything about sectionalizing land. I want the President to do as he promises before we sign the treaty. KNIFE MAKER. You have heard my councilors talk to you. I think they have good reason to talk as they have. Nothing is more dear than land to us. the desires of the Great Father, but think there is no room for them. land as far as the salt plains. What has been promised I want to see. them we will sign the paper. If you give us all this land, and the interest on $4,000,000, we will sign it.

I have heard We want the When we see

The Indians asked a little time to talk among themselves before signing it, and agreed to give an answer in two hours.

As they did not report at the appointed time, it was determined to go and get their answer before the commissioner left, for he was anxious to reach the railroad in time for the cars. We were invited by Mr. Colyer to take a seat inside the wigwam, which invitation we gladly accepted.

WAU-TAN-KA. What we have said we want you to report to Washington.

COLYER. Yes, of course I shall do that. As it is getting late, and we must reach the railroad in time for the train, I suppose you had better sign this immediately, order that we may be going.

S. Ex. 39-6

WAU-TAN-KA. I thought you had come prepared to keep us as long as we wanted to stay. I am sorry you cannot stay for a long council.

COLYER. You can stay as long as you wish, but we must be going. Your presents will be here in three days. I have to go and hold a council with the Pottawatomies, and visit other tribes of Indians. As for your not signing it, that will make no difference in the result. The governor and enough of the chiefs, head-men, and half-breeds, have signed it to make it a law already. The result and validity of it is the same, whether you sign it or not. I have no time to talk. Either sign it or let it alone, just as you please.

WAU-TAN-KA. You have plenty to eat, and I think you can wait till we ask our men a few questions, and then you can travel all night-go to the ocean, if you like.

After considerable talking among themselves, they at last consented, and signed the bill. In a short time the last of the commissioners had taken their leave, carrying the treaty with them, "signed, sealed, and delivered." DAVID STEEL, Reporter.

Hon. J. D. Cox,

APPENDIX 16.

[Telegram to the Secretary of the Interior]

Secretary of the Interior, Washington, D. C.:

After three weeks' earnest consultation the Osages agreed to accept the act of Con gress providing for the sale of their lands in Kansas, and their removal to the Indiau Territory. The council was held at their old home on Dunn Creek, and was attended by all the headmen of the nation and a large concourse of white settlers. The best of feeling prevailed, and all seemed pleased at the result.

No presents or other temptations were introduced. The liberality of the act induced them to consent. The chiefs were very eloquent, and showed us treaties and medals from the Government, from Jefferson on to Lincoln. One treaty, elaborately engrossed on parchment, with gold chain and seal attached, guaranteed them perpetual possession of their land. It was signed by Dearborn, Secretary of War, 1804. The chiefs earnestly appealed to the commissioners to see that the present law was not violated, like the others. VINCENT COLYER.

APPENDIX 17.

General Dearborn's letter.

CHIEFS AND WARRIORS OF THE OSAGE NATION OF INDIANS: The President of the United States takes you by the hand and invites you and all other nations of red people within the Territories of the United States to look up to him as their father and friend, and to rely in full confidence on his unvarying disposition to lead and protect them in the paths of peace and harmony, and to cultivate friendship with the brothers of the same color and the citizens of the United States. We have now made the chain of friendship bright between us, binding us all together for your and for our sake and for the sake of your and our children. We must prevent it from becoming rusty; so long as the mountains in our land endure and the rivers flow, so long may the red and white people dwelling in it live in the bonds of brotherhood and friendship.

In order that this friendship may be perpetuated, and to prevent, as far as possible, every cause which might interrupt it, it is hereby announced and declared by the authority of the United States that all lands belonging to you lying within the territory of the United States shall be and remain the property of your nation unless you shall voluntarily relinquish or dispose of the same; and all persons, citizens of the United States, are hereby strictly forbidden to disturb you or your nation in the quiet possession of said lands.

The President of the United States sends you, by your beloved chief now present, a chain. It is made of pure gold, which will never rust, and may the Great Spirit assist us in keeping the chain, the friendship of which this golden chain is an emblem, bright for the succession of ages.

Given under my hand and the seal of the War Office of the United States at the city of Washington, this 18th day of July, in the year one thousand eight hundred and four, and of the independence of the United States the twenty-ninth.

[L. S.]

H. DEARBORN.

[The above letter was beautifully engrossed on parchment and adorned with a gold chain five feet in length.]

V. C.

APPENDIX 18.

OSAGE AGENCY, KANSAS, Montgomery P. O., 12th Month 24, 1870. DEAR FRIEND: Our half-breed Osages are in much distress, and ask me to appeal to you, and the commissioners that were here, for advice and assistance. About thirty of them, on my advice, filed their intentions with the proper court, of becoming citizens. The tribe moving down into the Cherokee country are going on the hunt. The threats and ill treatment received from the settlers soon forced the most of them to abandon their improvements and follow the tribe, and they were virtually driven back to a savage life so far as those "Christian" land-thieves could do so. Twelve yet remain under unbearable persecution, which they endure with the patience and forbearance of Christian martyrs. Their names are Alexander Beyett, Gesso Choteau, Peter Choteau, Joseph Mosher, Frank Mitchell, Joseph Mitchell, Martin Redman, half-breeds; and Tobey Mogsey, Red Eagle, Mad Chief, Little Wild Cat, and Hlah-so-Jack, full-bloods.

One week ago to-night Joseph Mosher was taken, with his wife (who is near confinement) and their child, from their beds, not permitted to dress themselves, their house and all its contents burned. They were beaten with revolvers and their lives threatened if they did not leave the country, and they were marched to the woods ostensibly to be murdered. This cruel outrage was perpetrated by the Campbell family and their friends, who were incensed beyond measure because Mosher had become a citizen and was likely to enter the claim he has lived on for four years, and had improved with a good cabin, about twenty acres in cultivation, and some fruit trees, and other outbuildings. This was his only crime. He is a quiet and peaceable man. This Dr. Campbell (you know the commissioners became acquainted with this case when you were here, which has culminated so wickedly) "jumped" this improvement about one year ago, and has been carrying on this warfare till now to force Mosher away from

his home.

A short time since the court granted Campbell an injunction against Mosher, even preventing him from cutting his fire-wood on his claim. This is a sample of the justice afforded to a citizen of Indian descent by the courts of the State-at least of this part of it. Why this people worship the negro and persist in crucifying the poor, inoffensive Indian, is a problem.

Peter Ocaster had a good cabin and 15 acres in cultivation. He filed his intention of becoming a citizen. His house was burned by some incendiary, his ponies stolen. He came to me and said he would have to leave his farm and go with the Indians, for he believed they would rob him of all his property and then take his life. He did go. Two white men divided his farm between them, which tells to the observer who committed or instigated these crimes.

A few days since Martin Redman's house was torn down. Little Wild Cat has been forced by threats of violence to quit improving his claim. Tobey's house was entered by a settler and his family, while he was at this agency on business, and he is not permitted to live in it. He has made a hut, and is waiting for justice, and all of them are suffering in divers ways from these border ruffians. While the Government is spending millions of money annually for the civilization of Indians, why is it that these demons in human shape are allowed to thwart all its efforts in that direction? That great mass meeting of trespassers, held at the agency, (when you were here to offer the Osages the " Congress bill,") which passed heavy resolutions of protection to the half-breeds if they wished to become citizens and enter their improvements, to induce the half-breeds to withdraw their objections to the bill, and appointed a committee of distinguished settlers to see that they were protected, has proved a great swindle.

The poor half-breeds now say they were fools to place any confidence in men who had overrun that country. They, with myself, have followed up that committee sharply, and begged for protection against those "jumpers," who, as I have related, are destroying the houses and property and timber of these citizen Osages, and threatening their lives. But this committee are powerless, or those of them who are willing to render any assistance, for the mass meeting has " gone back on the committee."

This remark explains the whole of it: "The Osages have signed the bill, and we have got the land; let the half-breeds go to h-l."

Two of the committee, Judge Emmerson and Sheriff White, were disposed to carry out the resolutions and give their personal influence in favor of justice, and as a consequence were badly defeated for offices they were candidates for at a recent election.

These dozen Osage citizens may be killed or forcibly ejected from the country within the next fortnight. They are citizens, and are from under my protection or care as agent, though I aid them all in my power. They are poor, without means to pay large fees to lawyers. The attorneys are mostly expecting to run for some office, hence are averse to taking their cases or assisting them. What can be done for their immediate relief and protection?

Could not Congress be induced at once to pass an act authorizing those I have named

to enter their claims on the quarter-section, including most of their improvements which would work no hardship to any but willful thieves?

Congress could never do a better, a nobler act. If the President knew of their situation he would certainly extend his hand for the protection of his dependent children. Thy friend, ISAAC T. GIBSON,

VINCENT COLYER,

United States Indian Agent.

Secretary Indian Peace Commission.

APPENDIX 19.

OSAGE AGENCY, KANSAS, Montgomery Post Office, January 12, 1871.

DEAR FRIEND: About one week ago Joseph Mosher brought me the inclosed discharge of his, and asked me to send it to thee, as he thought something was due him yet from the Government, and as he was all burnt out he needed all the money he could get. He also said the enrolling officer was a Dutchman, and could not pronounce his name properly.

Several of those fiends who perpetrated this crime were arrested, and after a protracted examination before a new justice in Independence, three of the Campbells (the doctor and two of his brothers) were bound over for arson. Mosher was much frightened at the time, as they broke in the door at midnight where he was asleep, and, before he could realize the situation, seized him, and they were hurried to the woods, while some of the party burned the house.

The abuse and threats and excitement at the time and since then-being under apprehension daily of being assassinated--was too hard for his rather feeble constitution. Of nights he was much alarmed about those things in his sleep; a fever and inflammation of the brain naturally followed, then spasms, and five days ago he died. A cold-blooded murder. Are there any punishments meet for these Campbells short of an eternal hell? They are out on bail. 'Tis said the settlers are at last realizing the enormity of their crimes. A large mass meeting was appointed to meet on this claim yesterday to take steps for securing the claim to his widow and child. From what I have heard within a few days I will not be surprised to hear that some of these Campbells were strung up yesterday. Two settlers, neighbors of poor Mosher, should have their names written in gold. At the imminent risk of their lives and property they have been mainly instrumental in securing the arrest and conviction of those men, and have furnished him and family with provision and shelter. Their names are J. B. Dodgson and George Cadwell. They have done much to educate public sentiment, and but for them no effort would probably have been made by the settlers to punish those murderers. Some special legislation is necessary to protect the Indian citizen. Mosher was about one-sixteenth Osage, his wife white, and he was intent on becoming a citizen. Had served faithfully in the army of his country, and then to be persecuted to death because he preferred a civilized to a savage life, is a disgrace to Church and State in this boasted land of freedom and equality. Since I wrote, three of those Osage citizens, whose names I sent, came to see me, and said they could not live with these whites as citizens; that they had bound them up with injunctions and threats till they could not sell any wood or logs so as to make a living or make money to enter their homes. I promised them food for thirty days till I could hear from thee, and pledged my friends to advance them money to enter their lands, till they had a reasonable time to make it, if they would remain. They went back much encouraged.

If these Osages could have any chance for their lives and property, at least fifty, with their families, would have become citizens.

Hard Rope is very anxious his name should be attached to the bill. I inclose his name and others.

The Cherokees have dodged us around in the most aggravating way. We have exhausted patience and reason trying to keep peace with them, (as they have intimated they would be out of humor if we sent the subject to the President for determination,) and have sent our troubles to the President. When the papers reach the Commissioner's office, please read them over, and help the Osages in their request.

I am so sorry we did not go to those mountains and hills, and try to travel across and through them. You would have had a very different opinion of the country from what is made up from the part that we did travel over.

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We must have one-half of the reservation east of 960, if money can buy it. Those mountains are a great nuisance and drawback to their civilization, and I hope the Government will not say the Osages must take much of their land there. If Colonel Vaun, or any of the Cherokee delegation, controvert any of the statements I