During the last session cf Congress when efforts were neing. inade to abrogate our treaties, to extend over our country s territorial

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1 \ \ p. J V H rc ILIA ; - WK, HIAKT./ashing ton V. September 30the 1870 Hon* ryant Principal Chief of the Choctsv Nation Ls*.r Lir: During the last session cf Congress when efforts were neing inade to abrogate our treaties, to extend over our country s territorial t.overrent and the adoption of ctr. r dangerous measures, inimical to our rational elf are, were oein t u r^ed, it oecame necessary, in the defense of ;..y people to employ counsel and to incur other expenses in trie way of printing documents which were to -e.-id efore Congress, I herewith enclose tne ill of the printers for their ycrkas this expense was incurred out sice of the rt '(«et.rrocaeas Cleira" I hope the bill will be allowed, end that the General Council will n.axe the necessary appropriation to pay it. I an entirely out cf funds myself, arc I would respectfully ask of the General Council that sr. advance o. a sun be made tc aid and assist ne in defraying my necessary expenses here at «.ashin? -ton, in the prosecution of Choctaw usiness, The said sun advanced to oe returned in a future settlement with the Nation, I would not make the above request did f not think I mi* nt justly ask this favor of the nation. Yours Very rtearectfully, Col, P. P. rid reouest respecting Pitchirm Printing account

2 41ST CONGRESS, ) HOUSE OF REPRESENTATIVES. ( Ex. Doc. 3d /Session. ) \ No. 58. BONDS TO INDIAN TRIBES. L E T T E R FROM THE SECRETARY OF THE TREASURY, IX ANSWER TO A resolution of the House of January 9, 1871, in relation to bonds of the United States issued to Indian tribes and other parties ; also the amount of the principal of said bonds. JANUARY 18, Referred to the Committee oil Appropriations and ordered to be printed. TREASURY DEPARTMENT, Office of the Secretary, January 17, SIR : I have the honor to acknowledge the receipt of a resolution ot the House of Representatives of the 9th instant, in these words : Resolved, That the Secretary of the Treasury be directed to inform this House if any bonds of the United States have been issued by his order, or if such issuance is intended, to any Indian tribe or other parties under provision of any existing treaty, without the consent or direction of Congress; also the amount of the principal of said bonds, the time they are to run, the amount of interest promised, and by what act of Congress, if any, the same is authorized. In reply to the resolution I inclose af memorandum, marked A, containing extracts from the various statutes bearing upon the subject; second, an account, marked B, showing the payments made to the Choctaw Indians under the several acts mentioned ; third, a letter from the Second Auditor of the Treasury, marked C, detailing the disposition of these several amounts. As necessary to a full understanding of the case, I also transmit a copy of a report and resolution, marked D, accepted and adopted in the Senate of the United States on the 5th of the present month. From this report and resolution it appears that it is the opinion of the Senate that no further legislation is necessary, and that there is full authority under existing laws to issue and deliver to the Choctaw Nation of Indians $250,000 of United States bonds. On the 20th of December, 1870, I transmitted to the House of Representatives a copy of the opinion of the Attorney General upon the question of the right of the Choctaw Nation to the bonds in question. In my communication to the House on that occasion, I stated the importance, in my opinion, of such action by Congress as would relieve the

3 2 BONDS TO INDIAN TRIBES. bonds, if issued, from any question affecting- tlieir legality or the obligation of the Government to redeem them at maturity. Very respectfully, " % GEO. S. B O U T W E L L, Secretary. H o n. JAMES G. BLAINE, Speaker of the House of Representatives. A. MEMORANDUM, m i l Statutes,- page 238.'" By an act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirty, eighteen hundred and sixty-two : For payment to the Choctaw Nation or tribe of Indians, on account of their claim under the eleventh and twelfth articles of the treaty with said nation or tribe made the twenty-second of June, eighteen hundred and fifty-five, the sum of live hundred thousand dollars ; two hundred and fifty thousand dollars of which sum shall be paid iu money, and for the residue the Secretary of the Treasury shall cause to be issued to the proper authorities of the nation or tribe, on their requisition, bonds of the United States authorized by law at the present session of Congress: Provided, That in the future adjustment of the claim of the Choctaws under the treaty aforesaid, the said sum shall be charged against the said Indians. 13th Statutes, page 562. By an act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending thirtieth of June, eighteen hundred and sixty-six, and for other purposes : SECTION 6. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized and directed, in lieu of the bonds for the sum of two hundred and fifty thousand dollars, appropriated for the use of the Choctaw Indians by an act entitled "An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June thirty, eighteen hundred and sixty-two," approved March second, eighteen hundred and sixty-one, to pay to the Secretary of the Interior two hundred and fifty thousand dollars for the relief and support of individual members of Cherokee, Creek, Choctaw, Chickasaw, Seminole, Wichita, and other affiliated tribes of Indians who have been driven from their homes and reduced to want on account of their friendship to the Government, as contemplated by the provision of an act entitled " A n act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty..stipulations with the various Indian tribes, for the year ending June thirtieth, eighteen hundred and sixty-three," approved July fifth, eighteen hundred and sixty-two. B. Payment to Choctaw Nation, for their claim for land* under.11th, and 12th articles treaty of June 22, 1855, act March 2, 1861, per act March 2, 1861, and March 3, Mar. 23 Apr. 5 Apr. 12 No T o D. H. Cooper! $50, T o D. H. Cooper 84, T o Choctaw delegates. 115, A p r. 13 B y appropriation, warrant No , Tune 30 T o balance 1*65. Mar Mar , T o Cronin, Huxtbal & Sears 139, T o W. G. Coffin ; 210, , July 1 B y appropriation, warrant Wo Julv J By balance BONDS TO INDIAN TRIBES. 3 c. T R E A S U R Y D E P A R T M E N T, SECOND A U D I T O R ' S OFFICE, * Washington, January 13, SIR: In reply to your letter of the 11th instant, requesting a statement showing the objects for which the sum of $500,000, appropriation to the Choctaw Nation for their claim for lands under the 11th and 12th articles of the treaty of June 22,1865, with said nation, per acts of March 2, 1861, and March 3, 1865, was expended, I have the honor to report that the records of this office show that on the 22d of March, 1861, the sum of $50,000 was paid to Douglass H. Cooper, Indian agent, by requisition on the Treasury, No. 5091, and on the 5th of April, 1861, the sum of $84, was paid him by requisition No. 5108, which sums he accounted for by the receipt of Allen Wright, national treasurer, and Alfred Wade, John Page, and" James Riley, Choctaw commissioners, approved by P. P. Pitchlynn, principal chief, for $134,512 55, dated May 4, On the 12th of April, 1861, the sum of 45 was paid to P. P. Pitchlynn, Israel Folsom, and Peter Folsom, delegates of the fchoctaw Nation, by requisition in their favor, No. 5118, which, with the above-named sums, makes the amount appropriated by act of March 2, 1861, viz, $250,000. Of the amount appropriated by act of March 3, 1865, $250,000, the sum of $210, was placed in the hands of William G. Coffin, superintendent Indian affairs, by requisition No. 7262, March 14, 1865; which he accounts for as. follows : Paid Perry Fuller, March 27, 1885, for corn, flour, beef, coffee, and similar merchandise ' $3, Paid McDonald & Fuller, March 2,1885, for corn, flour, tobacco, beef, prints, blankets, shirts, and other similar supplies 207, Paid to J. B. Davis for hogs and corn, taken from his farm about November 20, 1863, $450. Of this amount only $ is charged to appropriation of March 3,1865, the balance being charged to Choctaw general fund The sum of $39,293 86, being the balance of the appropriation, was paid to Cronin, Huxthal & Sears, by requisition in their favor, No. 7260, March 15, 1865, being the amount of their bill for blankets, kerseys, plaids, calicos, woolens, and similar merchandise. Very respectfully, E. B. FRENCH, Auditor. SECRETARY OF THE T R E A S U R Y. D. I N THE SENATE OF THE U N I T E D STATES, January 5, Mr. DAVIS, from the Committee on Indian Affairs, submitted the following report, which was considered and agreed to : The Committee on Indian Affairs, to which was referred the communication of the Secretary of the Treasury to Congress, transmitting a copv of the opinion of the Attorney General of the United States upon the claim of the Choctaw Nation of Indians, for two hundred and fifty thousand dollars of United States bonds, have had the same under consideration and report: They have examined the opinion of the Attorney General, and concur with him in his reasonings and conclusions. There is a subsisting treaty between the United States and the Choctaw Nation of Indians, which entitles said nation to two hundred and fifty thousand dollars of bonds of the United States of America, and which requires the President to make and deliver that amount of said bonds to said Indian nations. This treaty is the supreme law of the land, and the President is charged with its execution as a ministerial function. He has full authority to execute that law by the making and delivery of those bonds, in compliance with the treaty to the proper authorities of the Choctaw Nation : Wherefore, thev report this resolution: " Besotted, That the President, having full authority under existing law to issue and deliver to the Choctaw Nation of Indians two hundred and fifty thousand dollars of United States bonds, no other legislation bv Congress is necessary to that end." Attest: * GEO. C. GORHAM, Secretary. B Y W..T. M C D O N A L D, Chief Clerk..

4 h " W a s h i n g t o n, D. C. June 22d, To the Honorable th-e/$enate and House of Representatives: It is the purpose of this communication to call your attention to the memorial heretofore presented to*congress by me, on behalf of the Choctaw tribe of It ^iaus, asking for the delivery t o t r i b e, of two hundred and fifty thousand dollar^jfc he bonds of the United Spates, which provisiorii^fc ibq(toie in the act of Congress ma appropriations ' ^ ^ ^ i P ' c u r r e n t and contingent expenses of the Indian department, and for fulfilling treaty stipulations, & c. " Approved March 2, That clause of said act which relates to this subject, is as follows : 11 For payment to the Choctaw nation or tribe of Indians on account of their claim under the eleventh and twelfth articles of the treaty with said nation or tribe, made the twenty-second of June, eighteen hundred and fifty-five, the sum of five hundred thousand dollars, two hundred and fifty thousand dollars of which said sum shall be paid in money, and for the residue the Secretary of the Treasury shall cause to be issued to the proper authorities of the nation or tribe on their requisition, bonds of the United States authorized by law at the present session of Congress, Provided that in the future adjustment of the claim of the Choctaws under the treaty aforesaid, the said sum shall be charged against the said I n d i a n s, " 12 Stat, at Large, pp. 238, 239. So much of the above act of Congiess as made provision for the payment of two hundred and fifty thousand dollars in cash to said Indians has been fully executed, but the provision which authorized the delivery of the bonds of the United States to the amount therein specified to said tribe of Indians, remains unexecuted. The attention of Congress is directed to the subsequent legislation of Congress bearing upon this question. In the Indian appropriation bill approved July 2, 1862, there is found a proviso in the following language, to w i t : " That all appropriations heretofore or hereafter made to carry into effect treaty stipulations or otherwise on behalf of any tribe or tribes of Indians, all or an}' portion of whom shall be in a state of actual hostility to trie Government of the United States, including the Cherokees, Choctaws, and other affiliated tribes, may and shall be suspended and postponed wholly or in part, and during the discretion and pleasure of the President, Provided further, tl\at the V 1 T l S \ * :

5 2 President is authorized to expend such part of the amount heretofore appropiated and not expended, and hereinbefore appropriated for the benefit of the tribes named in the preceding proviso as he may deem necessary for the relief and support of such individual members of said tribes as have been driven from their homes and reduced to want on account of their friendshipt<uhe Government." >tat. at Large, 528. the 6th section of the act of C o m a k i n g appropriations for the expenses of the Tndiaff department, approved March 3d, 1865, it was provided as follows : / / ' t, #? i/ 3 " That the Secretary of the Treasury be and he is hereby authorized and directed, in lieu of the bonds for the sum of two hundred and fifty thousand dollars, appropriated for the use of the Choctaw Indians, by an act entitled an " an act making appropriations for the current and contingent expenses of the Indian department and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June thirty, eighteen hundred and sixty-two approved March 2d, 1861, to pay to the Secretary of the Interior two hundred and fifty thousand dollars, for the relief and support of individual members of Cherokee, Creek, Chocktaw, Chickasaw, Seminole, W i c h i t a and other affiliated tribes of Indians, who have been driven from homes and reduced to want on account of their friendship to the Government as contemplated by the provisions of the act of Congress approved July 5th, " 13th Statuates at Large, p Let it be borne in mind that the bonds which were authorized to be delivered to this nation of Indians, by the act of March 2d, 1861, was a portion of the compensation the United States had agreed to pay to this nation for lands ceded by them to the United States, under the treaty made by the United States with said nation on tlie _22d day of June, 1855 ; the obligations assumed by the United States to said nation under said treaty could not be discharged by a payment of the amount due to them, to any other nation or tribe. The only purpose of the act of J u l y 5th, 1862, was to suspend for the time being or during the pleasure of the President, the payment of all sums of money to those Indians in rebellion, except as the President should authorize. The act of March 3d, 1865, was but a continuation of the policy inaugurated by the act of July 5th, The last named act placed the money to be expended in the hands of the Secretary of the Interior, who was legally responsible for the care and conduct of all matters relating to Indiau affairs. This act of March 3d, 1865, does not by its terms propose to divest these Indians of thebonds to which they became entitled, under the provisions of the act of March 2d, It merely says these bonds shall not be delivered to the nation so long as it is disorganized, or a portion of it engaged in rebellion. The delivery of these bonds to the nation shall be suspended until the relations %< of the natiou to the United States are restored and reestablished. These two acts are in pari materia, audit is not possible to give them any other construction. A different construction would lead to the conclusion that Congress proposed to forfeit and confiscate the property of this nation by legislative, rather than judicial proceeding. Such an assumption of power by Congress would be as odious as it would be unconstitutional. It would not only be condemnation and forfeiture of property without process of law, but it would also be absolute repudiation of solemn obligations assumed by the United States, both by treaty and by act of Congress. W e have only to inquire if this nation of Indians have been placed in a position, either by treaty with the United States or otherwise, to demand the delivery of the bonds which it became entitled to receive in virtue of the provisions of the act of March 2d, If its right to have these bonds was only suspended during the pleasure of the President, or during the time a portion of the nation was engaged in rebellion, then their right to these bonds revived whenever the United States, by competent authority, restored said nation to its former rights, or relieved them from the disabilities imposed by the acts of Congress approved J u l y 5th, 1862, and March 3d, By a treaty made with said nation on the 28th of A p r i l, 1866, this nation was restored to all the rights it possessed against the United States, whether by treaty or acts of legistation. So much of said treaty as restores and secures these rights is as follows : ART. X. " T h e United States re-affirms all obligations arising out of' treaty stipulations or acts of legislation with regard to the Choctaw and Chickasaw nations, entered into prior,ho the late rebellion, and in force at that time, not inconsistent herewith ; and further agrees to renew the payment of all annuities and other moneys accruing under such treaty stipulations and acts of legislation, from and after the close of the fiscal year ending on the 30th of June, in the year "

6 ART. XLY. " All the rights, privileges and immunities heretofore possessed by said nations, or individuals thereof, or to which they were entitled under the treaties and legislation heretofore made and had in connection with them, shall be, and are hereby declared to be in full force so far as they are consistant with the provisions of this treaty." The right of this nation to receive pay for the lands ceded by them to the United States, was secured by the treaty to which reference has heretofore been made. Their right to have the bonds which they now demand, in part payment for said lands, was secured to them by the act of Congress, approved March 2, This right, as "we have shown, has never been taken from them. It was only suspended and held in abeyance, and it is revived and put in force again by the provisions of the treaty above quoted. It is very clear, therefore, that the right of my nation to have these bonds in part fulfillment of the obligations of the'united States to it, still exists, and that it is reaffirmed and re-asserted by the provisions of the treaty above quoted. That treaty does not in terms or by implication deprive my nation of any pecuniary rights which it had against the United States prior to the breaking out of the late rebellion. The United States has not fulfilled its obligations under said act of Congress, approved March 2d, Those obligations could not be satisfied or discharged, except by the delivery of the bonds specified in said act, unless my nation had assented to some other form of payment. It is not claimed or pretended by the United States that such assent has been given. All obligations of the United States to the Choctaw nation (not inconsistent with the above treaty,) are re-affirmed and reasserted. The phrase " not inconsistent herewith," does not refer to the money.obligation!?- of the United States, to my nation, but to the changed condition of the people resulting from the abolition of slavery therein. May I not hope, that after this long delay, running through so many j 7 ears, Congress will direct the Secretary of the Treasury to deliver to me, as the delegate of said nation, the bonds authorized to be issued by said act of Congress, approved March 2,1861? P. P. PITCHLY^. Choctaw Delegate.

7 A.l. unv TO WM. 3EIANT Washington l.c, Kovemt er 3rd 1670 Sir, I have received your letter of the 21st ultimo, ana the certified cot y of an Act of the Choctaw ^er.er&l Council, repealing as act incorporating the Choctaw and Chickasaw Central itailroad Company, and also an Act incorperatint the Choctaw arm Chickasaw 35th Parallel.vailroac Company, loth approved Arril 8th In reply I have to state that your letter and enclosure hcie sent tc the Conrissioner of Indian >fyairs, for filing. very.tespect fully VUG, :3ryant Esq. icir Ciit. servant f r 1 n. Chi e f Choct.1. Otto Kgtion Act ing t>ec re tary Chahta, Indian Tamaha Territory