A report of the commissioners appointed under the 13th article of the treaty between the United States and the Senecas and mixed Senecas, Shawnees, and other Indians, concluded February 23, 1867, to ascertain and report the amount of money due by the United States to the Wyandott Indians. MARCH 19, 1869.-Referred to the Committee on Indian Affairs and ordered to be printed} DEPARTMENT OF THE INTERIOR, Washington, D. C., March 17, 1869. SIR: The 13th article of the treaty between the United States and the Seneca and mixed Senecas, Shawnees and other Indians, concluded in this city on the 23d of February, 1867, authorizes and directs the Secretary of the Interior to appoint three persons whose duty shall be to ascertain and report to the department the amount of money, if any, due by the United States to the Wyandott Indians under existing treaty stipulations, and the items mentioned in Schedule A, appended to the treaty. Commissioners were accordingly appointed. On the 2d instant they submitted a report to the Commissioner of Indian Affairs, from which it appears that they have concluded their investigations on all matters, except those relating to depredations on Wyandott property; and they were of opinion that their inquiries in regard to such depredations could be more successfully prosecuted in Kansas than in this city. Instructions were given to them accordingly by my predecessor on the 26th ultimo to proceed to Kansas to complete the investigation. I do not deem it proper to await the completion of the work of the commissioners, and, pursuant to the terms of the treaty, have the honor to submit a copy of the report herewith for such action as Congress may deem necessary in the premises. Very respectfully, your obedient servant, Hon. SCHUYLER COLFAX, J. D. COX, Secretary. Vice-President of the United States and President of the Senate. WASHINGTON, D. C., March 2, 1869. SIR: The commissioners appointed in accordance with the Senate's amendment of the 13th article of the Treaty of the 23rd of February, 1867, , three hundred and eighty thousand dollars, to be equally distributed and paid to all the individuals and members of the said nation, in three annual instalments, payable in the month of October, commencing in the year one thousand, eight hundred and fifty-five. According to this stipulation, each of the annual instalments amounted to $126,666 66; and the last clause of said 6th article of said treaty provides that "such part of the annuity under the treaty of 1842 as shall have accrued, and may remain unpaid at the date of the payment of the first of the above mentioned instalments, shall then be paid to the Wyandotts, and be in full and final discharge of said annuity." According to a statement of the Commissioner of Indian Affairs, now before us, it appears that "such part of the annuity" was paid in October, 1855; and we are of the opinion that said payment was in full and final discharge of the annuity due under the treaty of 1842. But as the payment of less than one-half of the first instalment, under the treaty of 1855, was made in October, 1855, and the entire balance of said first instalment was not paid until October, 1856, and as successive payments were all equally deferred, we have considered it just and proper to allow interest, at the rate of six per cent. per annum, on all these deferred payments; which, being carefully calculated and added to the small balance of principal due, amounts to eleven thousand six hundred and twelve dollars, ($11,612,) on the 4th of March, 1869. By the 7th article of the treaty of 1855 it is provided that "the sum of $100,000, invested under the treaty of 1850, together with any accumulation of said principal sum, shall be paid over to the Wyandotts in like manner, with the $380,000 mentioned in the next preceeding article, but in two equal annual instalments, commencing in one year after the payment of the last instalment of the said above mentioned sum." The first instalment, therefore, of this $100,000 was payable in October, 1858, and the second in October, 1859. By the statement of the Commissioner of Indian Affairs, now before us, it appears that the govern ment did not pay these instalments in money, but in lieu thereof delivered to the Wyandotts, (who received them under protest,) on the 13th of May, 1859, $52,000 in Tennessee six per cent. bonds; $1,000 in Missouri six per cent. bonds; $594 53 in United States six per cent. bonds, and on the 24th of March, 1860, $53,000 in Tennessee five per cent. stock. By evidence now before us it is shown that the Wyandotts sold the stocks first delivered to them, (on the 13th of May, 1859,) at the highest market price, for $38,407 50, being $11,592 50 less than the first instalment due the previous October. This loss, together with interest thereon at six per cent. per annum for 10 years, amounting to $18,547, we consider justly due to the Wyandotts. June, 1804, липи P-་པ་ པལ, which stood credited to the Wyandotts by appropriation in fulfilment of treaty stipulations under the following heads: These appropriations should have been paid on the ratification of the treaty of January 31, 1855, and are now due with interest from that time, amounting to $3,844 69. By the fourth article of the treaty of January 31, 1855, with the Wyandotts, it is stipulated that, "none of the lands thus assigned and patented to the Wyandotts shall be subject to taxation for a period of five years from and after the organization of a State government over the territory where they reside." The authorities of the then Territory of Kansas construed this provision of the treaty to mean that, though these lands were to be exempt from taxation for five years after the establishment of a State government, yet they were taxable up to the time such State government should be so formed, and accordingly taxed the lands, for the years 1859 and 1860, to the amount of $11,703 56, as is shown by the statement of Byron Judd, the treasurer of Wyandott county, Kansas, (in 1859 and 1860,) where these lands are situated. From a statement of the Commissioner of Indian Affairs, and from the affidavit of John T. Cochran, who made the treaty under the direction of the Commissioner, there can be no doubt that the spirit and intent of the foregoing stipulation was, that the Wyandotts should be exempt from taxation from the date of said treaty until five years after the formation of the State government. Justice therefore requires that the $11,703 56 paid by the Wyandotts to the territorial government for taxes, in 1859 and 1860, should be refunded to them, with interest at six per cent., from the time of payment on the 26th of January, 1864, to the 4th of March, 1869, the whole amounting to $14,582 62. By the 14th article of the treaty of February, 1867, it is stipulated that the sum of $5,000 shall be paid to the Wyandotts to enable them "to establish themselves in their new home," which sum, never having been paid to them, is still due under said treaty. The foregoing sums we consider justly due to the Wyandotts from the United States, to wit: A.-Interest on deferred payments. B.-Loss on sale of bonds May, 1859, with interest . $11, 612 00 18, 547 00 ཞུISS V་ པསས་ ཟUཔཟ}/ བu་ IUSSS ཅ་ ས་P་་་ཨ་IDIIS property between the years 1847 and 1863, amounting, in the aggregate, to $34,342 50. Many of these claims are not sustained by any testimony whatever, and where testimony is furnished it is not sufficient to warrant us in allowing the claims. It is the opinion of the commissioners that these claims should not be allowed until their validity can be more fully established by evidence taken upon the ground where these depredations are said to have been committed. All the papers in our possession upon which the foregoing report has been based, and marked respectively A, B, C, D, and E, with the same marginal reference to the items above allowed, are herewith returned. In support of item D will be found an abstract (so marked) taken from the records of the Indian Bureau. In support of item E the 14th article of the treaty made with the Senecas and other tribes on the 23d day of February, 1867, is referred. to, and a copy of said treaty is filed. All of which is respectfully submitted. Hon. N. G. TAYLOR, Commissioner of Indian Affairs. JAMES H. EMBRY, Commissioners. In compliance with a resolution of the Senate of the 17th instant, correspondence between James Buchanan, President of the United States, and Lewis Cass, Secretary of State, regarding the policy to be pursued to avert the war of the rebellion. MARCH 30, 1869.-Read, ordered to lie on the table and be printed. To the Senate of the United States: In compliance with the request contained in the resolution of the Senate of the 17th instant, in regard to certain correspondence between James Buchanan, then President of the United States, and Lewis Cass, Secretary of State, I transmit a report from the Department of State, which is accompanied by a copy of the correspondence referred to. U. S. GRANT. WASHINGTON, March 29, 1869. DEPARTMENT OF STATE, Washington, D. C., March 27, 1869. The Secretary of State, to whom was referred the Senate's resolution of the 17th instant, requesting the President, "if not incompatible with the public interest, to communicate to the Senate a copy of the correspondence between James Buchanan, then President of the United States, and Lewis Cass, then Secretary of State, regarding the policy to be pursued to avert the war of rebellion then threatening, which correspondence led to the resignation of Mr. Cass," has the honor to lay before the President a copy of the correspondence called for. Respectfully submitted, The PRESIDENT. HAMILTON FISH. Mr. Cass to President Buchanan. DEPARTMENT OF STATE, December 12, 1860. SIR: The present alarming crisis in our national affairs has engaged your serious consideration, and in your recent message you have |