clusive, and for losses, as per abstract 'B' and statements numbered from 1 to 28 inclusive, and also for losses by the depredations of other Indians, as per abstract 'C' and statements numbered from 1 to 5 inclusive, is a reliable and proper person to perform such service. Also, that I have been acquainted with the Sac and Fox Indians for six years; that from my personal knowledge of these Indians I believe their statements reliable; that I have been acting as agent for the Indians of the Sac and Fox tribe since May 28, 1859, and can certify to the correctness of their statements in regard to losses since that time, and that they have actually lost the property named in said abstracts, which bear date since the 28th day of May, 1859; and that all lawful means have been used to recover the same and apprehend and bring offenders to justice; that there is no record in this office showing that any Indians whose names appear upon the foregoing named abstracts have ever been indemnified, either in whole or in part, for these losses; that the Indians whose names appear upon said abstracts, nor any of the nation to which they belong, have ever sought personal revenge, or attempted to obtain satisfaction by any force or violence. "PERRY FULLER, "United States Indian Agent. "SAC AND FOX AGENCY, January 3, 1861." Testimony of John B. Scott. John B. Scott, of Leroy, Coffee county, Kansas Territory, being duly sworn, says: I have been a trader with the Sac and Fox tribe of Indians for fourteen years. I speak their language, and can identify nearly every Indian whose name appears in the abstract of the evidence taken by J. M. Luce in regard to the horses, ponies, and mules stolen from different members of the tribe. I know they have had a large number of horses stolen, and from my personal knowledge of the Sac and Fox Indians I believe their statements to be true, and that the prices claimed for their property are reasonable. "JOHN B. SCOTT. "Sworn and subscribed before me, at my office at the Sac and Fox agency, this 27th day of December, 1860. "PERRY FULLER, "United States Indian Agent.' Mr. Scott is a republican, and a man of high standing and influ ence. Testimony of H. S. Randal. "The general character of these Indians for truth and veracity is good. Since the settlement of Kansas Territory by the whites, the Indians have had a large number of horses, mules, and ponies stolen from them which they have been unable to recover. I have looked over the abstracts marked A, B, C, accompanying their evidenc in relation to the loss of horses and ponies. I know, personally, nearly every Indian whose name appears therein, and can identify many horses and ponies that I knew, and I believe the price put to each was not above their actual value at the time they were stolen; and from my acquaintance with the Sac and Fox Indians I believe their statements to be true. "HARKER S. RANDAL. "Sworn and subscribed before me, at the Sac and Fox agency, the 6th day of December, 1860. "PERRY FULLER, "United States Indian Agent." Mr. Randal has been many years trading, under license, with the Sac and Fox Indians, and is a man of wealth, and is well qualified to testify as to the facts in this case. Similar testimony, by deposition of Theodore J. Dawes, Mr. S. Sheppard, and E. S. Buckner, who were residents and traders with the Sac and Fox Indians for a number of years, with the additional statements and testimony of over one hundred of the principal Indians, establishes the claim satisfactorily to the committee. It is in evidence that all proper efforts were made to recover this property without resorting to violence, and proved unavailing.-(See evidence. in abstract A, No. 100.) The 16th section of the act of 1834, volume 4, United States Statutes at Large, page 724, provides as follows: "That where, in the commission by a white person of any crime, offence, or misdemeanor, within the Indian country, the property of any friendly Indian is taken, injured, or destroyed, and a conviction is had for such crime, offence, or misdemeanor, the person so convicted shall be sentenced to pay to such friendly Indian to whom the property may belong, or whose person may be injured, a sum equal to twice the just value of the property so taken, injured, or destroyed. And if such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the treasury of the United States: Provided, That no such Indian shall be entitled to any payment out of the treasury of the United States for any such property, if he or any of the nation to which he belongs shall have sought private revenge, or attempted to obtain satisfaction by any force or violence: And provided also, That if any offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the treasury as aforesaid." The testimony and the reports of the government officers sustain these claims. The precedents, the law, and the treaties are in their favor. These Indians are peaceable subjects of the United States, and while they have been bound by treaty stipulations not to redress their own wrongs, nor resist aggressions by violence, they have been persistently plundered by border men, regardless of all justice or law. These Indians raise no other stock but horses, consequently they are of the best class. They cultivate little or no land, and when deprived of their horses, which they use in the buffalo hunt, or sell to supply pressing wants, they suffer, and many have actually died from starvation. To alleviate their sufferings and meet present wants, the Commissioner of Indian Affairs and the Secretary of the Interior recommend that a sum sufficient to cover the amount be appropriated by Congress, and that a special agent be sent out with a part of it, and in conjunction with the resident agent retake the testimony and make such awards and payments as they may find just. None of these claims have been assigned to second parties. In harmony with these recommendations, the committee present the accompanying bill. ABSTRACT A. Ke-o-kuk (Sac chief) says, that on or about the 10th day of August, 1860, three horses belonging to him were stolen from the Sac and Fox reservation by white men. He says he used all lawful means within his power to apprehend the thieves and obtain his property. He says the three horses were worth seven hundred dollars, and that he has not been indemnified for his loss. Attest: J. M. LUCE. KE-O-KUK, his x mark. We know the above statement to be true. Attest: J. M. LUCE. SO-SQUAW-CO-PEE, his x mark. I certify on honor that the above is a correct interpretation of the testimony of Ke-o-kuk, of So-squaw-co-pee and Op-wy-o-sah; that I have fully explained the same to them, and they say it is true. EDWARD MCCOONSE, his x mark, Attest: J. M. LUCE. SAC AND FOX AGENCY, October 24, 1860. United States Interpreter. Deposition of J. L. F. Leonard. J. L. F. Leonard, of Franklin county, and deputy United States. marshal for Kansas Territory, being duly sworn, says, that on or about the 10th of August, 1860, three valuable horses belonging to Ke-o-kuk, a Sac chief, were stolen from the Sac and Fox reservation. At the request of Major Perry Fuller, United States Indian agent, I obtained a warrant (in blank) for the thieves. I employed Joseph Harr as bailiff, or assistant, and immediately started in pursuit of the offenders. We went to Lawrence, Leavenworth, and Atchison, Kansas Territory, and to St. Joseph, Missouri, but could get no trace of the thieves; then returned to this agency and started into the southern portion of the Territory. At Central City, Kansas Territory, we got what we believed to be a definite trace of the thieves-the description of the horses leaving no doubt of their identity. We followed on in the direction which they were supposed to have taken, going nearly to Fort Scott, Kansas Territory, but could get no further trace of the thieves. We then travelled to most of the towns in southeastern Kansas, but as we could get no trace of the thieves, and having been diligently riding for fifteen days, and believing it impossible to apprehend the thieves or obtain the property, we returned. I believe the thieves were citizens of the United States, and that they cannot be arrested or the property obtained. J. L. F. LEONARD, U. S. Deputy Marshal. Sworn to and subscribed before me. PERRY FULLER, SAC AND FOX AGENCY, December 3, 1860. Ke-o-kuk (a Sac chief) says, that on or about the 10th day of May, 1857, one horse belonging to him was stolen from the Sac and Fox reservation by a white man by the name of H. Crane. He says that he has been unable to recover the horse or to bring the offender to trial, and that no definite trace of the thief could be found after he got off of the reservation, and that he nor any of his nation has ever sought private revenge or attempted to obtain any satisfaction by force or violence, and that the horse was worth one hundred and fifty dollars. Attest: J. M. LUCE. KE-O-KUK, his x mark. I know that Ke-o-kuk had a horse stolen by a man by the name of H. Crane, and that it has been impossible to arrest the offender or bring him to trial. The horse was worth one hundred and fifty dollars, and was stolen from the reservation in the spring of 1857. WAW-PO-MACK, his x mark. Attest: J. M. LUCE. I certify, on honor, that the above is a correct interpretation of the testimony of Ke-o-kuk and Waw-po-mack. H. S. Randal, of Franklin county, Kansas Territory, being sworn, says, that on or about the tenth day of August, A. D. 1860, three valuable horses belonging to Ke-o-kuk, a friendly Sac Indian, were missed from the Sac and Fox reservation. I believe the horses were stolen by citizens of the United States, and that the amount claimed by Ke-o-kuk, viz: seven hundred dollars, is not above the actual value of the horses at the time they were stolen. He has been unable to recover the horses or bring the offenders to trial. H. S. RANDAL. Sworn to and subscribed before me, at the Sac and Fox agency, this 6th day of December, 1860. PERRY FULLER, United States Indian Agent. |