The evidence of the then agent in support of the claim is as follows: OSKALOOSA, Iowa, December 1, 1885. I certify on honor that I have examined the statement of J. M. Hiatt, of the late firm of Hiatt & Co., licensed traders at Osage Agency, Ind. T., and believe the same to be substantially correct. I was United States Indian agent for the Osage Indians from the early part of the year 1876 to about the 20th of July, 1878. During a great portion of this time the Osages were in a peculiar state of destitution, owing to the failure of Congress to make adequate appropriation for their support, as it had done for the two years next preceding, the item of reduction being $200,000, and at times these Indians were reduced to hunger and altogether too near nakedness. At times during my administration, on the earnest and pitiable appeal of almost every leading Indian of the tribe (and in accordance with my own judgment as necessary, based upon actual observation of their destitution), I encouraged the licensed traders to credit them to the extent of furnishing limited amounts of subsistence and clothing to relieve suffering, trusting the promises of the Indians to settle these accounts at times of annuity payments, knowing full well that the tribe had ample funds at the disposal of the Government (whenever the same could be made available) to meet all such liabilities without embarrassment. The precise amount of credit given I am unable to state at this time without access to data not just now at hand. That portion of this debt contracted during my administration I believe to be just, and that the same should be paid out of Osage funds, in accordance with the expressed wish of the tribe, all as I very believe. STATE OF IOWA, Mahaska County, 88: CYRUS BEEDE. Subscribed and affirmed to before me this 3d day of December, 1885. F. E. SMITH, Clerk District Court, a Court of Record. OSAGE AGENCY, IND. T., August 20, 1880. Hon. COMMISSIONER OF INDIAN AFFAIRS: As chief of the half-breed band, and having a better knowledge perhaps of the origin and character of said claim than any other chief, I unite with them in earnestly asking that the claim be promptly paid as requested. The Indians and others were led to believe that the payment of about $15 per head in January, 1878, would be continued at substantially that sum. In that belief I advised H. & Co. to give the Osages a credit for half the sum, knowing that it would greatly accommodate the Indians, and believing it would be entirely safe; but the subsequent payment and later ones, instead of $15, have been but little over $3 per head. Their present needs absorbed this small sum at once, so there has been no time at which it was possible to pay a debt made in good faith, and of which they reaped the full benefit. Knowing their ability to pay their debts, and grateful for the accommodation, the honor and selfrespect of the Osages is concerned in the quick and full discharge of the debt. I have the honor to be, your obedient servant, Witness: J. H. TISDALE. SAMUEL BEIVNEW, Head Chief of Half-Breed Band. The claimant is a resident of Keokuk, Iowa, and is a confirmed invalid, and could not appear before your committee, or furnish an itemized statement of his accounts, for reasons stated in the affidavit; but Hon. Samuel F. Miller, of the Supreme Court, assured your committee that he was a man of unqestioned integrity, and would not, in his judgment, press an unjust account. Your committee are fully convinced that the Indians are indebted to the claimant in a large sum, and that it is their desire to pay the amount due, and as they have more than $5,000,000 in the Treasury of the United States, your committee recommend the passage of the bill with an amendment. The affidavit of Samuel Beivnew, head chief of the half-breed band, is also reported herewith as evidence of the bona fides of the claim, and the claim having been investigated and found correct by the business committee of the Indians may be accepted as an account stated. H. Rep. 1-3 In the mean time the new Indian agent, L. J. Miles, sent the following papers, signed by the chiefs and some of the head men, to the Secretary of the Interior: UNITED STATES INDIAN SERVICE, DEAR SIR: Some time ago quite a number of the chiefs and other Indians came to the agency, and after counseling a day or two came to the office and asked that the inclosed petition be written, which they signed and wanted forwarded to your office. I have hesitated to forward the same, thinking it of little consequence, believing that your office would not entertain a claim unless it was made clear, but at a sincere request I forward it herewith. Mr. H. spoke to me once about his claim, but, not knowing any of the particulars, I declined to have anything to do with it, only to acknowledge that a few of the Indians had mentioned to me that they were indebted to him. Yours, respectfully, Hon. R. E. TROWBRIDGE, L. J. MILES, Agent. Indian Commissioner. To the honorable COMMISSIONER OF INDIAN AFFAIRS and honorable Secretary of INTERIOR: DEAR SIRS: We the undersigned, chiefs and head-men of the Osage Nation, having heard that a few of our head-inen have signed a paper authorizing the payment out of our funds of a debt claimed by one of our traders, "Hiatt & Co.." to the amount of over $16,000, we respectfully ask that before said claim is paid you appoint some person to thoroughly investigate the same and consult with our people about it, as we are not aware of our people taking but little credit there. Very respectfully, yours, TO-WAN-GE-HE (his x mark). WA-TE-AN-KA (his x mark). Chiefs. KI-HE-KAH-WA-TI-AN-KAT (his x mark). LITTLE CHIEF (his x mark). W. SIS-TAH-WATI-AN-KER (his x mark). WAH-PAH-KEH-AH, or WHITE DOG (his x mark). HON-LAH-HUN-KALL (his x mark). JO MESHELL (his x mark). WOH-NO-PAH-SHE (his x mark.) CYPRIAN FAYRIEN, PETER C. BIGHEART, Captain of Police. I certify on honor that the foregoing paper was signed in my presence by the persons whose names are affixed, after being fully interpreted by Peter C. Bigheart, captain of police. L. J. MILES, Agent. When the Secretary of the Interior came to carry out the provisions of the bill and adjust and settle the claim with J. M. Hiatt he felt it to be his duty to make further inquiry into its justice and correctness, and he directed an Indian inspector, Frank C. Armstrong, to proceed to the Indian agency. Secretary Lamar's instructions were as follows: DEPARTMENT OF THE INTERIOR, SIR: You have been instructed by letter of this date to proceed to the Osage and other agencies in the Indian Territory. On the 30th ultimo a letter was addressed by this Department to Inspector R. S. Gardner, inclosing certain papers in the claim of J. M. Hiatt, surviving partner of Hiatt & Co., late traders at the Osage Agency. This letter was sent by registered mail to Arkansas City, Kans. You will procure, before leaving this city, such authority from or make such arrangements with the Post-Office Department as will enable you to receive and receipt for that registered communication when you reach Arkansas City, and you will carry out the instructions contained in said letter to Inspector Gardner, making the investigation and report required on the claim. Very respectfully, General F. C. ARMSTRONG, United States Indian Inspector, Washington, D. C. L. Q. C. LAMAR, Secretary. DEPARTMENT OF THE INTERIOR, SIR: I inclose herewith the papers in the claim of J. M. Hiatt, surviving partner of Hiatt & Co., late traders for the Osage Indians, during the year 1878, amounting to $16,759.99, adjudication of which is provided for by the act of July 14, 1886 (private, No. 633, copy inclosed), "after an investigation of the facts by the Secretary of the Interior." The facts as presented in the evidence are fully, clearly, and fairly set forth in the House and Senate reports here with, numbered 1475 and 823, respectively, of the Fortyninth Congress, first session. Both committees reached the general conclusion that the evidence established the fact that the traders were justified in granting the credit; that the Indians are indebted to the claimant in a large sum, and that the account against the Indians is fairly stated, and is an honest account; and that, the claim having been investigated and found correct by the business committee of the tribe, it may be accepted as an account stated. The business committee was created by an act of the council of 1876 (copy inclosed), and authorized, inter alia, “to examine and act on behalf of the tribe on all matters of claims against the tribe, individual bands, or members thereof." Their work in this case seems to have been clearly within the scope of their authority under that act. They represented the tribe, examined the claim, ascertained the amount due, and recommended payment thereof out of the tribal funds. Their findings are corroborated by other evidence. (See letter of Samuel Beivnew, head-chief of the half-breed band; letter of ex-Agent Beede; certificate of Paul Aken, United States interpreter, and affidavit of clerks at the time in the employ of the firm.) In 1880 L. J. Miles, who has succeeded Cyrus Beede as agent for the Osages, forwarded to the Indian Office a paper to which the names of a number of chiefs and headmen are attached, requesting that the claim of Hiatt & Co., before it is paid, be investigated, giving as a reason that "we are not aware of our people taking but little credit there." In 1886 a paper was filed in the Indian Office, signed by Black Dog, principal chief; Paul Aken, Peter C. Bigheart, and E. M. Mathews, as delegates, representing the Osage Nation of Indians, requesting that certain class of claims presented against the Osage Nation be first referred to the national council for investigation and allowance or disallowance before payment. This paper can hardly be construed as embracing within its general terms this claim of J. M. Hiatt, surviving partner of Hiatt & Co., since it has been examined, the amount ascertained, and a request formulated and addressed by the business committee of the tribe to the Commissioner of Indian Affairs requesting its payment. It has not been rejected by the Osage council, and was not presented without the knowledge of the Osages. The delegates had knowledge of these facts, for one of them (Black Dog) signed the business committee's report on the case, and another, Paul Aken, interpreted for the business committee at the time of their investigation, and also added his certificate as to the justice of the claim. The law directs the Secretary of the Treasury to pay the sum appropriated ($16,759.99), or "so much thereof as may be found actually due the claimant after an investigation of the facts by the Secretary of the Interior." The examination of the record and evidence in the case reasonably convinces me that the Indians are justly indebted to the claimant for necessary supplies furnished them upon credit at the solicitation of their chiefs and head-men, and that he was encouraged thereto by the United States agent and the United States interpreter; that the individuals and families failed to settle the indebtedness thus incurred, because of the large and unexpected decrease in their per capita annuity payment which followed, and out of which claimant had been assured of payment; that the tribe, through its business committee, has examined the claim, ascertained the amount due, and has requested payment thereof out of the tribal funds. I am aware that there are many difficulties in the way of such a thorough investigation of such a case as will at this distance of time enable you to procure original evidence of the items, values, and character of the articles furnished the Indians. Many of the Indians are dead; others may have imperfect recollections of the details of the case, and still others may have become prejudiced against or unfavorable to the payment of the claim by the operation of influences which do not really affect its merits or justness; but such an investigation can be made of the case as will enable you to determine generally whether supplies to the amount charged were furnished; whether the examination of the accounts by the business committee of the tribe was honestly and fairly made, and whether, upon all the facts in the case and information obtainable thereon, J. M. Hiatt, surviving partner of Hiatt & Co., is justly entitled to payment of the sum found due by the business committee of the tribe in full satisfaction of the claim. Upon receipt of these papers you will proceed to the Osage Agency, Ind. T., make the investigation of the case thus indicated, and report the result to this Department, returning the inclosed papers with your report. Very respectfully, Col. R. S. Gardner, United States Inspector, Ignacio, La Plata County, Colo. L. Q. C. LAMAR, Secretary. At this time the original Indian agent, Beede, had been succeeded by a new agent, L. J. Miles, who was hostile to Hiatt. Several of the Indians who had urged the payment of Hiatt's claim were dead; many of the white men who were cognizant of the facts were dead or scattered; new Indian traders were interested in defeating the claim and securing the good will of the Indians, as customers and otherwise, and the Indians themselves, after so much delay and change of circumstances, could be easily induced to repudiate or avoid its payment. The result of the investigation, conducted ex parte and in the absence of Hiatt, who was then upon his death-bed, might have been predicted with almost absolute certainty. THE EVIDENCE. The only evidence taken by the Indian interpreter is as follows: QUESTIONS PUT BY INSPECTOR ARMSTRONG. PAWHUSKA, OSAGE AGENCY, IND. T., November 1, 1886. (1) W. H. Connor, were you on the business committee of the council who examined the claim of Hiatt & Co., in August, 1880↑ I was one of the committee. (2) Did your committee investigate each account and the amount? The amount was read before the committee, but no investigation was made. (3) Were you promised any credits or payment of money if this claim was passed, by Hiatt & Co., or others? No, I was not. (4) Was Col. W. P. Adair present, and did he examine the books and papers for your committee ? No, not as I know; but Adair was here at the time. (5) How do you know whether or not the amount due Hiatt & Co. amounts to $16,759.99? The bill was read to us, and that was the amount they stated-$16,759.99. (6) Do you know whether or not Governor Joe or others was promised payment if this claim was passed and paid? No; all I know about the matter was that Miles, our former agent, said such a paper was found with the governor, showing that they had such an obligation. (7) Could this certificate from the business committee have been obtained without some promise of payments to the members and others of influence in the tribe! So far as I know myself individually, if the account had been properly investigated It could have passed the committee without any payments to the members. W. H. CONNOR. The questions above written were answered by W. H. Connor in his own handwriting and sworn to before me this 1st day of November, 1886. JAMES I. DAVID, United States Indian Agent. UNITED STATES INDIAN SERVICE, Paul Aken says: Osage Agency, Ind. T., October 28, 1886. I was not present when the books and accounts of Hiatt & Co. were examined, nor do I know whether or not they were examined. I believe there was something due Hiatt & Co., but I do not know the amount. I did help to issue the goods, and explained to the Indians the credit they were getting. When I signed the certificate dated August 17, 1880, I did not understand it to mean that I was acquainted with the details or amount, but only the general facts that they had a credit. I did not see W. P. Adair at the time, as I was not there when the certificate of the business committee was signed. Witness: JAS. I. DAVID, United States Indian Agent. PAUL AKEN. Sworn to and signed in my presence this 28th day of October, 1886, at Osage Agency, Ind. T. FRANK C. ARMSTRONG, United States Indian Inspector. UNITED STATES INDIAN SERVICE, Osage Agency, Ind. T., October 27, 1886. Black Dog, chief of Osages, says that he does not believe that the Osages owed Hiatt & Co. the amount claimed. He says that he did not see the books, but he saw a number of accounts. Some of the Osages owed large accounts. I was told by the others, Big Chief, Hard Rope, W. H. Connor, and Governor Joe, that they wanted to pay Hiatt & Co., and I signed the paper with the business committee. Witness: Jos. I. DAVID, United States Indian Agent. BLACK DOG. OSAGE AGENCY, IND. T., October 28, 1886. T. L. Rogers says the business committee that signed and recommended the claim of Hiatt & Co. were appointed by the agent, Cyrus Beede. These were put on that committee because they were favorable to the claim known as "Adair claim." There was no man on the business committee who was competent, except Connor, who could examine accounts. There had been two national debts paid similar to this. It was distinctly understood that no other claims should be made, and that all accounts after that were to be collected at the payments and at traders' risk. This claim was before the council last fall; they refused to pass it. Witness: JOHN MCFALL, Clerk. T. L. ROGERS. Sworn to and signed before me this 28th October, 1886, at Osage Agency, Ind. T. FRANK C. ARMSTRONG, United States Indian Inspector. OSAGE AGENCY, IND. T., October 2, 1886. Mr. John N. Florer says: I was a trader at this agency at the time the claim of Hiatt & Co. was brought before the business committee in 1880. I know that Mr. Hiatt had some accounts against the Indians, but I do not know the amounts. It was generally understood that the amounts were not very large. I know also that Hiatt & Co. allowed some of the business committee, Hard Robert, Governor Joe, and others, to come into his store and make accounts at from $2 to $500. They told me that they were allowed this credit in consideration of their being members of the business committee before when Hiatt & Co. had a claim to be adjusted. Before Governor Joe died he sent for me and told me that Hiatt & Co. had promised to give $500 additional in cash when the claim that had passed the committee was paid, and asked me to see that his widow received the money. He died that day. I believe that there is due Hiatt & Co., three or four thousand dollars, and he had opportunity |