.C8U66 ^amC^^o Vc/ ;:^fe\ ^'^..^^' .^^f/^'^o "^^....^ < o ^^' :sSmi'M •^.-0^ "oV^ ^/cr:^' .^' V vO .0- -3 ■^. -y^^ X" -^^ c^ ^ ■■- %.^* -ife \^/ •;^'-- %.*" •■"'■•'' lA'Vj. V/T\ ' -.l-V«.l\ Q^-^»l. 25th Congress. [ SENATE. ] f 25 ] 2d iS'ession. MESSAGE TBE PilLSIDKNT OF THE UNITED STATES, IN COMPL.!ANCB With it resolution of the i^enatc of the \^ih October^ 1837, in relation to the adjustment of claims to reservations under the \4.tk article of the treaty of 1 830, wllh the Choctaw Indians. DECEMBER 19, 1837. Head; und ordered to be printed ^0 ike Senate of the United folates: I transmit, herewith, a report and accompanying documents from the ecretary of War, wliich contain the information called for by a resolution f the 13th of October last. Washington, December 18, 1837. M. VAN BUREN. DKPAIiTMENT OF WaR, December 16, 1837. Sir '. In reply to the resolution of the Senate of the 13th of October Iast> ailing for information in reference to the measures taken under the act of larch 3d, 1837, authorizing the appointment of commissioners to adjust laims to reservations under the 14th article of the treaty of 1830, with the Choctaw tribe of Indians. I have the honor to lay before you a report of he Commissioner of Indian Affairs. Very respectfully, Your most obedient servant, J. R, POINSETT. To the President Of the United States Blair & Rives, printers War DEPARTRlENTi Office of Indian Affairs, December 16, 1831 Sir: In compliance with your direction of October 16lh, I have the honor to submit a report upon the resolution of the Senate oi' the 13th ol that month, calling for information respecting the proceedings that have taken place under the act of March 3, 1837, providing for the appointment of commissioners to adjust claims to reservations of land under the 14tb article of the treaty of 1830, with the Choctaw Indians. A board of commissioners was constituted by the appointment of ]\Iessrs. F. D. Vroom, T. J. Randolph, and Publius R. R. Pray, whose nominations were confirmed by the Senate on the 8tli of March last. Commi.ssion.s ivere sent to these gentlemen on the 14th of that month. Mr. Randolph declined accepting the one offered to him on the 17th, a*nd Mr. James Mur- ray was appointed on the 8th of April. Notice of Mr. Vroonfs acceptance was received on the 1st, and of Mr. Murray's on the 10th, of April ; of Mr. Pray's on the 11th of May. The first instructions to the board bear date of the 20th of May. Copies of these instructions, and of subsequent com- munications to them, are herewith submitted. It appears from the accom- panying copy of a letter from them of the 24th of June." and of the paper enclosed in it, that they had assembled at Columbus, Mississippi, and issued a notice to claimants that they would enter upon tiic discharge of llie duties assigned to them on the 10th of October, and that in the mean time the secretary of the board would receive such papers as individuals interested might v^ish to present. No general report has been received from them uor any further advice of their proceedings, except a letter of the 2Sth ultimo, which reached the department on the 12tli instant. I transmit a copy of this letter, and of the reply to it, although of date subsequent to the resolution of the Senate, under the impression that this coursu will be the ixjost agreeable. As it will evidently be impracticable for the board to complete the execu- tion of the duties confided to them before ihe expiration of the period prescribed by the law, I would respectfully suggest, that the propriety and expediency of extending that period be submitted to Congress. h\ this connexion I beg leave to notice a letter of the 1st instant, just received from the commissioners, and of which a copy will be found among the accom- panying papers. It suggests several amendments to the law of last session which, in their judgment, are important, but most of which, after the con- struction given by the department to that law, and the measures taken (or carrying it into effect, are, in my view, unnecessary, and the others are not desirable. An informal intimation has been received from the same quar- ter, that the compensation of the commissioners is inadequate, considering the great expenses of travelling, and that mileage should be allowed them m addition. I append a statepient of the expenses that have been incurred, as required by the resolution under this law. Very respectliilly, Your most obedient servant, C. A. HARRIS, Commissioner Hon. J. R. Poinsett, Secretary of War, 3 i -25 ] UST OF PAPERS Accompanying , the report of the Cowmis.sioinr of Judian Affairs, of the \^Uh Decemhtr, 1837, to the i^ccrelarij of War, respecting the proceed- ings that hav^ taken place under the act of March 3t/, 1837, concerning claims to rc-nrva/ions under the i'Uh article of the Choctaiv treaty of 1830. 1. Letter from the Secretary of War, of the 14th March, 1837. trans- niitiiniT comniissioiis to Mesf^rs. Vroom. Raridolph, and Pray. 2. Letter from the Commi.-sioner of Indian Affairs, of IGth March, 1837, to Messrs. Vroom and [laiidolph. 3. Letter from tlie Comniisjioncr of Indian Affairs, of 1st April, 1837, to Hon. P. D. Vroom. 4. Letter from the Secretary of War, of the Sth April, to James Murray, Esq. 5. Letter from ihe«Socretary of War, of tt)e 12th of April, to James Mur- ray, Esq. -j., 6. Tjetter from'ffir Secretary of War, of the 12th of April, to Hon. P. D. Vroom. 7. Letter from the Coujmissioner of Indian .\ffairs, of the 20th April, to Hon. P. D. Vroom. 8. Letter from the Coinmissioner of Indian Affairs, of 11th May. to MefSTS. Vroom nuW Murray. 0. Letter h'om the {.ommissiouer of Indian Affairs, of 1 1th May, to Hon. P. R. R. Pray. 10. Instructions from tlie Corn'oissioner of Indian Affiirs, of the 20th May, to Messrs. Vroom, Murray, and Pray, with the following papers, viz : Schedule of documents accompanyinic instructions • letters to ColoKel Mar- tin, of the 26th June, 3d Septemher, and 1 1th October, 1833; opinion of the Attorney General, of 9th September and 1st November, 1831, and 27th JiHie, 1836 ; extract of a letter of the Sth October, and one of the 23d No- vember, 1836, to A. V. Brown. 1 1. Letter I'rom Messrs. Vroom and Murray of the 23d May, to the Secre- tiry of War. 12. Reply of the Secretary of War. ofllie 25th May, to the preceding letter. 13. Letter from t!ie Commissioners, of the 21ih J\me, and its enclosure. 14. Letter from the Commissioner of Indian Affairs, of the 19th July, lo Messrs. Vroom. Murray, and Pray. 15. Letter from the Commissioner of Indian Affairs, of the 18th of Octo- ber, to Messrs. Vroom. Murray, and Pray, with a copy of his letter of the 1 1th of the .same month, to the Secretary of War, and of the endorsement made by the latter thereon. 16. Letter irom the Commissioner of Indian Affairs, of the 10th Novem- ber, to Messrs. Vroom, Murray, and Pray. 17. Letter from Messrs. Vroom and Murray, of the 28th November, to the Secretary of War. 18. Reply of the Commissioner of Indian Affairs, of I4th December, to the preceding letter. 19. Letter from Messrs. Vroom and Murray, of the 1st December, to the Secretary of War. ^20. Statement showing thoanaount of expenses incurred. r 25 ] 4 No. 1, War Depautment, Alarch 14, 1837. Sir: 1 have the honor to trantiDit a commission from the President of the United States, constituting you a commissioner to adjust claims to re- serves of land under the I4th article of the treaty wilh the Choctaw Indians, of September 27, 1830. Thomas J. Randolph, Esq., of Virginia, and Pub- lius R. R. Pray, Esq., of Mississippi, will receive similar commissions. Your compensation will be at the rate of f3;0U() a year, 1 will thank you to signify your acceptance or non acceptance of this appointment. In the event of your acceptance, instructions for the execution of your duties will be forwarded to you by the Commissioner of Indian Affairs, Very respectfully, &c., J. R. POINSETT, Hon. Peter D. Vroom, iSomerville, New Jersey. [Same (changing names) to Thomas J. Randolph, Esq., Richmond, Vir- ginia ; Publius R. R. Pray, Esq., Jackson, Mississippi.] No. 2. War Department, Office of Indian Affairs, March 16, 1837, Sir: I have the honor to transmit to you copies of the act of Congress of March 3d, 1837, providing for the appointment of commissioners under the Choctaw treaty of 1830, and of a report made by the Committee on In- dian Affairs on the same subject at the first session of the twenty-fourth Congress. They may furnish information respecting the nature of the duties confided to you by the conjmission forwarded from this depart- ment, which may influence your determination to accept or decline it. If you decline it, you will oblige me by returning these papers, as but few copies of thera can be procured. Very respectfully, &,c., C. A. HARRIS, Commissioner Indian Affairs. Hon. P. D. Vroom, Somerville, Neio Jersey. [Same to T. J. Randolph, Esq., now at Richmond, Virginia.] No. 3. War Department, Office of Indian Affairs, April 1, 1837. Sir : Your letter to the Secretary of War, of the 28th ultimo, has been referred to this office, 1 have the honor to inform you that instructions will be prepared and transmitted to you at an early day. One of the gentlemen associated with 5 [ 25 ] you in the commission, Mr. Randolph, has declined, and another has not yet been selected. From Mr. Pray no answer has boon received. Very respectfully, dec, 0. A. MAURIS, Commissioner Indian Affairs. Hon. P. D. Vroom, Somerville, New Jersey. No. 4. War Department, April S,\S37. Sir : I have the honor to transmit a commission from the President of the United States, consfitiitino^ you a commissioner to adjust claims to re- serves of land under the I4t[i article of the treaty with the Choctaw In- dians, of September 27, 1830. You will be associated with the Hon. P. D. Vroom, of New Jersey, and Piibiius R. R. Pray, Esq., of Mississippi. Your compensation will be ,'|3,U00 a year. I will thank you to signify your acceptance or non-acceptance of this appointment. In the event of your acceptance, instructions for the execution of your duties will be for- warded to you by the Commissioner of Indian Affairs. Very respectfully, Your most obedient servant, J. R. POINSETT. James Murray, Esq., Annapolis, Maryland. No. 5. War Department, April 12, 1837. Sir : 1 have had the honor to receive your letter of the 10th instant, ac- cepting the commission transmitted to you on the 8th. In reply to your inquiry, whether a few weeks can be allowed you for preparation, 1 beg leave to refer you to the enclosed extract of a letter of Gov. Vroom, one of your colleagues. It will apprise you of his views of the manner in which the duties of the commissioners might be executed, and whi( h might be acted upon, if a majority concurred in them, and the secretary was stationed at some central point to receive papers, as they were prepared by claimants. I understand the instructions for the commissioners will be completed early in the next week, and I would recommend that you correspond with Gov. Vroom, at Somerville, New Jersey, in relation to the time and place of meeting. From your other colleague, Mr. Pray, no intelligence has been received, or probably will be, in time to influence your movements. If, after commnnicating with Gov. Vroom, there shall appear to be no reason to believe that any detriment to the public interests would [ 25 ] e^ be caused by the delay, this department will readily acquiesce in your wish to postpone your de])arture for Mississippi for a few weeks. You will please to advise me of your determination. Very respectfully- &/C., J. R. POINSETT. James Murray, Esq., Annapolis, Maryland. No. 6. War Department, April 12, 1837. Sir : I have the honor to inform you that James Murray, Esq., of An napolis, Maryland, has been appointed a commissioner in the place of Mr. Randolph. Mr. Murray has intimated a wisli to be allowed a few weeks for prepa- ration, and from the enclosed copy of my reply to him, you will perceive that he has been advised to communicate with you, and be governed by the arrangements that both of you may determine to be best. I will thank you to correspond with him, and to inform me of the conclusiorj yon ar rive at. Hon. P. D. Vrooi«, Sdmerville, New Jersey. Very respectfully, (fcc, J. R. POINSETT. No. 7. War Department, Office of Indian Affairs, April 20, 1837. Str : Since writing you on the 12lh instant, it has occurred to me, that, in the course of your correspondence with your colleague, Mr. Murray, you may have made some arrangements in relation to the secretary to l.e employed by the commissioners. If you have, I would sugijest that it might be well for you, with the secretary, to pa^s through Washington on your way to the Choctaw coun- try, that he may examine the papers relating to the business which has been confided to the commissioners, and receive such explanations as muy enable him to enter readily upon the discharge of his duties. Very respectfully, &.C., C. A. HARRIS, Commissioner Indian Affairs. Hon. P. D. Vroom, Somerville, New Jersey. [25] No. a War Department, Office of Indian Affairs, May 11, 1837. •Sir: I have jUst received advices of Mr. Pray's acceptance of his ap- pointment as associate commissioner with Mr. Murray and yourself. I have to request that yon will meet tfie latter gentleman in this city on the 20th instant, when the papers which have heen prepared will be delivered to yon, and any verbal explanations given that you may request. The second Monday in June has been fixed for the assembling of the commis- sioners at Columbus, Mississippi, and Mr. Pray will be instructed to meet yon there on that day.. Very respectfully, e Indians on Ward's register who claim to have had more children than is there slated, or the ages of whose children are incorrectly reported, must substantiate the fact to the satisfaction of the commissioners, who, in that case, will report the circumstance. I. Copies of the Attorney General's opinions of the 9th of September and 1st of November, 1831, and 27th of June, I83ti, relative to the construc- tion o{ tfie I4th and 19th ar;icles, and tfie evidence necessary to be pro- duced by claimants under said 14th article, for the purpose of showing that they signified to the agtuit within due time their intention to remain and become citizens of the States. K. Document No. 138 of the House of Representatives, 23d Congress, 1st session, containing the messages of the President to that body of the 6th and I8th of February, 1835, "transmitting a report from the Secretary of War, containing the evidence of certain claims to reservations under the 14th article of the treaty of 1830 with the Choctaws, which the locat- ing agent has reserved from sale, in conlbrniity with instructions from the President." [25] 10 L. Copies of evidence relating to the claims, of sundry Indians to reser- vations, not embraced in the preceding document, M. Copies of instructions to A. V. Brown, of the 8th of October and 23d of November, 1836. N. Copy of a letter from P. W. Armstrong, of the 16th June, 1835, to the Commissioner of Indian Affairs. O. Copy of a letter from Samuel Gwin, of the 14th .lune, 1836, to the Secretary of War. P. Report of Mr. Bell, of the Committee of Indian Affairs, of the House of Representatives, May 11, 1836, in relation to claims for reservations un- der the 14th article of the Choctaw treaty of 1830. C. A. HARRIS, Officb of Indian Affairs, May 20, 1837. Commissioner, Department op War, /««e26, 1833. Sir : You are hereby appointed to make the selections of the locations oi the tracts of land granted to the Choctaws by the 14th, 15th, and 19th articles of the treaty of September 27th, 1830, concluded at Dancing Rab- bit creek. ^ ■iYour compensation will he five dollars per day, to include services and expenses, while engaged in this duty; and you are authorized to employ an interpreter, if one attached to the agency cannot be detailed to attend you, and to allow him two dollars and a half per day, in full for his ex- penses and services. These claims will be paid upon accounts, certified by both yourself and the interpreter. The department is informed that plats of the surveys of one hundred and twelve townships have been received at the General Land Office, and that the exterior lines of one hundred and seventy six townships have been run, the sectioning of a majority of which is in progress. Copies of the plats received here will be forwarded for you from th,^ l^and Office, to the care of General Coffee. You will please to apprise the department of your ad- dress, that copies of the other plats may be sent to you, direct. Upon application to Colonel Ward, or William Armstrong, Esq., at the old agency, you will be furnished with copies of registers of" the different classes of reservees in the three districts, and may obtain all the information you will require in the fulfilment of this duty. These registers are sup- posed to be complete, and you will be governed by them in the location and assignment of reservations in all cases, unless otherwise directed by this department. The general provisions of the treaty are, that the reservations shall be bounded by sectional or quarter sectional lines of survey, and include the improvements of the reservees. An exception to this rule occurs in the I5th article, and in the first clause of the 19th, by which two of the four sections grated to the three chiefs and to Colonel Folsom, are to be located ^' on unoccupied unimproved land." You will constilt the wishes of these persons in locating these sections, taking care not to interfere with the pos- Ui [ 25 J sessory rights of any other Indian. The half sections and qnarter sec" tions, allowed to heads of families in the 14th article, for iheir children, will adjoin the location of the parents. The number of reservees provided for in the 3d and 4fh clauses of the 10th article is limited, and the extent of their reservatiuns is proportioned to the number of acres in cultivation. You will learn from the registers the names of the persons entitled to land under the several classes. In lo- cating three quarter sections granted to those who shall have cultivated thirty acres or more, you will observe that the treaty provides they shall be "contiguous and adjoining." The reservations allowed under these two clauses, are also to be located so as to include that part of the imjjrovements which contains the dwelling-hous^. If the contingency should happen, contemplated in the jatier part of the fourth clause, that the number of reservees sliould exceed the number stipulated for, yon will call upon one or more of the chiefs of the district to which they belong, to decide who shall be excluded. For instance, one half section is granted to the culti- vators of from twenty to thirty acres, the rnnnber not to exceed four hun- dred. If there should be four hundred and fifty claimants, the chiefs are to decide upon the fifty whose claims must be rejected. The 5th clause provides for the assignment to the captains, whose culti- vated posses.sions n^ay entitle them under the fjrcvious clauses to le.ss than a section, of an additional half section. This half section must adjoin the tract which includes their improvements and dwelling-house. The regis- ters also will show you the names and number of the orphans entiiled to reservations. If any of the Choctaws have no improvements, or if the location of a tract would include the improvements of more than one of them, in that case you nnist exercise a sound discretion respecting the person to whom such tract shall be assigned. It is desirable that the parties interested should decide for themselves, or agree to submit to the determination of their chief. But if they will not do either, perhaps the best method will be to draw lots in their presence. It is ali-o desirable that the reservees of each district should be located together, and as near to each other as the preservation to each of them of his improvements will permit. You will establish such permanent marks upon each reservation as will show its extent and boundaries. You will albo open a new regis- ter and enter upon it the names of the reservees, and the number of the sections, half sections, or quarter sections, as marked on the plats of sur- vey assigned to ihem respectively; the originals of this register you will leave with the sub-awent, William Armstrong, Esq. ; a copy you will for- ward to this department. \ The department relies upon your zeal and exertions to execute every part of your duty under these instructions, in a manner accordant with the obligations of the Goverinnent, and satisfactory to the Indians. I enclose a copy of the treaty. Very respectfully, &.C., JOHN ROBB, Acting- ISecreiary of Wo-T- To Geohck W. Martin, Esq., Care of Gen. John Coj'ee, Florence, Alabamo,. [25] 12 Defahtment of War, September 3, 1833. Sir: I have received your lettterof the 9th ultimo, suggesting for con- sideration and decision several questions connected with the execution of your duty in locating the reservations granted by the Choctaw treaty. I have submitted the matter to the President, and his views 1 now communi- cate to you. 1st. Where there is more than one occupant upon improvement within the same legal subdivision, the rule of preiisrence suggested by you seems to be a just one. Let the person whose improvement is the oldest, if that ffict can be ascertained, receive the tract, and let the reservations of the others be located as near as may be upon such of the adjacent land as may be fit for cultivation. But if the fact of the priority of settlement cannot be satisfactorily ascertained, then let lots be drawn for the tract containing the improvement, and let tlie location of the others be fixed as already directed. 2d. In locating the reservations of children, which are to adjoin the tracts of their parents, it is not necessary that the reservations of a parent and child should adjoin each other along the whole extent of one of their lines. It is sufficient thai they actually adjoin, whether upon the corners or the sides. 3d. Where a dwelling-house, with a portion of the improvement, is in one le2al subdivision, and the residue of the improvement in another, the tract containing the dwelling-house must be located for the claimant. This case is expressly provided for in the treaty, and it is impossible for the President to give any other directions. 4th. Whether the tract upon which the dwelling-house is situated be valuable or not, there is no power to assign to the occupant any other land. The treaty itself has laid down the rules, and there can be no de- parture from it. It is to be regretted that Colonel Leflore, or any other Choctaw, has taken up impressions that it is competent for the Executive so essentially to vary the stipulations of the treaty as would be necessary to make the changes in the third and fourth questions you have proposed. The lan- guage of the treaty is plain and explicit, and nothing is left for the Execu- tive but to carry it into effect. While the President is determined faithfully to extend to the Indians all the advantages it promises them, he is deter- mined also to adhere to the arrangement which both parties, with a full knowledge of the subject, have made. 5th. All streams which, by the return of the surveyors, make fractional sections and subdivisions, will be considered as making fiactions in all cases of Indian locations. Where the stream is not of such a size as to make fractions for the purposes of sale, it will not make them in the case of Indian locations. 6th. You inquire, what is to be done in those cases where the reservees have left the country? I answer, let the locations be made in all cases agreeably to the terms of the treaty, and to the return made by Major Armstrong, and now in your possession, of the persons entitled to tracts of land. 'I'hose persons who decline accepting the land, and claim the other benefits secured by the treaty, will have the right of so doino: when application is made to them. Some evidence of their relinquishment is necessary, and when the location is made, the proper agent will be directed 13 [25] to asceiiaiii the determination cf such, and to provide for thera the land or its equivalent. 7th. 'I'he business of locating the reserves for the orphans has Ijeen com- mitted to Mr. Trahern, and it is therefore unnecessary to give you any in- structions respecting it. By inserting upon each subdivision in the several township maps the name of the person to whom it is assigned, and by returning duplicaie lists, one to the surveyor i were prepared. There has been no delay on our part; and, under these circum^itances, it appears to us but just that our compensation should commence from the time of acceptance, and not later. We embrace this opportunity to inquire of the department whether the Board of Commissioners will be at liberty to call on the marshal of the United States, in tlie district of Mississippi, for stich aid as they may require of an executive officer? The act states that the commissioners "shall have full power to summon, and cause to come before them, such witnesses as they may deem necessary, and liave them, examined on oath,"' (fcc. To carry out the intention of the law, and do justice to the Government, it is evident that the services of some officer will be required. Unwilling witnesses will pay but little attention to a process served by one having no legal authority. Can the board appoint an officer, and clothe him with power? we doubt the right to do so. Can they rely with safety upon the State officers^ such as sheriffs, or constables? Would even these have legal right under our authority to execute compulsory process, protect witnesses, and preser\'e the dignity of the board by promptly enforcing their orders? If not, the board might find themselves in a very unpleasant situation, if not entirely powerless. It will be necessary, in all probability, to have an interpreter. There is no provision in the act for stich officer. Will the board be authorized to procure one, if occasion shall require, and compensate him out of the con- tingent fund placed at their disposal ? If not, what other course may they with propriety adopt ? The commissioners who are now here propose to proceed to the place designated in their instructions, and after organizing, to digest and adopt a plan of operations, and cause full notice of it to be given to claimants and all others interested, so that they may be prepared to meet the board and present their claims and proofs at certain times and places to be speci- fied in the notice. This being done, the commissioners think it would be advisable to retire temporarily from the State, and resume their labors as early in the autumn as the term of notice they may deem necessary will allow. It is their impression that such coiu'se would best protect the inter- ests of the Government, and promote the just rights of all parties. If they could be advised that the course, as proposed, meets the approbation of the department, they would feel sensibly relieved. With the highest respect, We are, sir, Your obedient servants, P. D. VROOM, Hon. J. R. Poinsett. J. MURRAY. No. 12. War Department, May25t/i, 1837. Gtentlemen : I have had the honor to receive your letter of the 23d inst. The plan of operations proposed by you is approved; you will be allowed 1^1 [ 25 ] to employ an interpreter at a reasonable compensotif»?), to be paid out of the contiiijjreiit fund under your control ; and your salaries will coairaence at the date of the accepiance of youraj^pointniotits. In reference lo your inquiry whether you will be at liberty to Gallon the marshal of the United States in the district of Mississippi for such aid as you may require of an executive officer, it is the opinion of this depart- ment that you -are autliorized to require the services of the olficers of the United States, and, through the district attorney, those of the marshal named to aid you in affecting the object of your appointment, and io executing the law under which you act. It is by law made the duty of the marshal to execute all lawful precepts directed to him, and issued under the authority of the United States. The act creatinsf the commission which you compose, empowers tlie commissioners to " summon witnesses and cause them :o come," which, in the view of the department, gives the same force as that possessed by a court to summon, and if the witness should not appear, to cause him to come by compulsory process issued to the marshal through the dis- trict attorney. Such a process is a lawful precept, and one which the mar- shal is equally bound to execute. Very respectfully, &c., J. R. POINSETT. P. D. Vroom and James Murray, Esqs., Commissioners, (^'c, IVashington City. No. 13. Columbus, Mississippi, June 2Xth, 1837. Sill : We have the honor to inform you that we organized and opened our oifice at this place on the 22d, and on the same day appomted .i^Ir. Jonathan Pinkn^-y, of Maryland, secretary to the board. After consultation we have come to the conclusion that it would not be expedient to proceed in the hearing of claims before the 16th October next, and have agreed upon tfie enclosed notice to be published in the newspa- pers of the county. Wo have the houvir to he, respectfully, Your obedient servants, P. RIITILIUS R. PRAY, J. MURRAY, P. D. VROOM Hon. J. R. PoiNSiiTT. (Notice enclosed.) The commissioners appointed to adjust clnims to reservations of land under the fourteenth article of the treaty of 1830. with the Choctaw It?- dians, hereby give notice that they will meet at their office in the town of Columbus, in Mississippi, on the 16th day of October next. Their office will continue open frnm this time, ;\nd their secretary will receive any applications or claims which claimants may think proper to [ 25 ] 2'2 make or file. Cases will he docketed in the order presented, and taken up in the same order, if ready. Chiimants will, if required, be heard by counsel. Sumaions for witnesses will be issued by the secnstary, upon application lo him. Claimants and their children, entitled to reservations, must in all care^ ap- pear before the commissioners in person. The district attorney of the Uwited States for the State of Mississippi will act as counsel for the Utiited States. For the information of claimants, the 14th article of the treaty of Dancing Rabbit creek, and the 1st, 6(h, and 7th sections of the act of March 3d, 1837, under which the commissioners are acting, are published with tliis notice, P. RCTILIUS R. PRAY, J. MURRAY, P. D. VKOOM. No. 14. War Department, O^ce of Indian Affair.f, Jidy 19, 1837. Gentlemf.n : I have the honor to aknowledge the receipt of your letter of the 24th ultimo, with the copy of your notice to claimants under the Ciioctaw treaty of 1830. Very respectfully, &,c. C. A. HARRIS, Commissioner of Indian Affairs. Messrs. P. R. R. Pray, J. Murray, P. D. Vroom, Columbus, Mississippi. No. 15. War Departmkkt, OJice of Indian Affairs, October 18, 1837. Gkntlemen : 1 have the honor to enclose a copy of a letter addressed by this office to the Secretary of War, on the 11th instant, from tlie endorse- ment on wiiich you will perceive that it WHSSubraitt- finally executed the present season. In addition to the amount already placed at your disposal for contingent exp:;nses. tlio sum of $1.C00 has been given to Gov. Vroom. Very respectfully, adjourn to such place, be- yond the State of Mississippi, a? they may think proper, to make up their viport, after they shall have taken all the testimony. 4th. To give the board the poweis of a court of record, to pres.^rve or- d-:i', puni.sli voniempts, tfe.c. 5th. Authority to any member of the board, or th«^ district attorney, to administer oatlis to witnesses, in any matter before tlie board. (ith. Authority to employ one or more interpreters, and an ageiU or agents to collect testimony for the United States. In relation to the first aniondmenf proposed, we do not think it necessary to add an]'^ tiling to the communication addressed to you by the last mail. In relation to the second, we have only to observe, that it is apparent to us that the commissioners can better judge of the advantoges of particular places for the hearing of these cases, than tlie Commissioner of Indian Af- i';tirs, at so great a di.stance. [ 25 ] 38 With regard to the third, we think that the opinion of ihe board, after all the testimony shall have been taken, will as well be made up at one place as another, and that it would be a j^reat accommodation to the under- signed to be permitted to devote the time necessary for this purpose, nearer to their homes and business, as by the shortest possible time in wliich they can ^et through the testimony, they will have been a long lime absent ; it may also be necessary to consult papers and maps only to be found at this seat of Government. The fourth amendment, giving power to the commissioners to preser\lated by Ihe law for false swearing, it would be well that the law on the subject should admit of but one interpretation. The authority to employ interpreters, and an agent to collect testimony for the United Slates, is probably incident to the board from the peculiar character of the subjects of investigation committed to tliern. It would be proper, however, \n the opinion of the commissioners, that it should be ex- pressed clearly, to prevent difficulty with the accounting officers of the Treasury. No contingent fund was provided by the lav/ of last session. The un- dersigned aie at a loss to say what ap[)ropriation will be necessary to cover contingent expenses, but think that a less sum than five thousai id doUais will not be sufficient. The expense of employing agents, and indeed ex- penses of all kinds in this country are very great. We understand that in- terpreters cannot be employed at a less expense than six to eight dollars per day. The magnitude of the claims, however, which will come before us, are such as to render expenses of this kind as of no comparative moment. An early action of Congress upon these subjects, we think of great im- portance. W^ have tlie honor to be, Very respectfully. &c., J. MURRAY, P. D. VROOM.. Ion, J. R. Poinsett, Secretory of War.. RD 1.48/?^ 29 [ 25 ] 1^0 20. STATEMENT i;hQwi)i^ the amount of expenses incurred under the act approved '^i March, IS37, entitled '* An act for the appointnievt of commissioners to adjust the claims to restrvniions of land under the lith article of the treaty of 1830, with the Choctaw Indians.^^ Due to 1\ D, Vioom, for his services as commissioner, from the 28tli March to 13tli October, 1637, at $3,000 - - - ^\fi2o Due to P. R. K. Piay, lor his services as commissioner, from 7th April to 13th October, 1837, at $3,000 1,550 Due to James Murray, for his services as commissioner, from lOtli April to 13(h October, 1837, at $3,000 - - - - - 1,525 Due to Jonathan Jt'inkney, for his services as secreta^^', from 22d June to 13ih October, 1837, at $1,500 --'--- 459 Advanced to the commissioners on account of contingent expenses 1,500 Total - - $6,659 Note. — No accounts tiave been rendered by the commissioners for set- tlement. Office of Indian Affairs, December 14, 1837- ,v ■^ " -•^ i ,/. <* .. '^ ,0* .S^ ^^-•^, 7 -cl" o ^^ 0' %. o V '' \-->f^^-\/ -==.-'-^'-/ \-?^---/ % '}sik':\ >^ /^-. \. ,/ .4i& '-..,.^^ z^--, '^ V/;^^ %/ f:^^^ V/ ;^^ %v^ f. \ ,HO^ ,-^^ .«:;.;.°> '^ "-OV'' ^^•n^. -^^o"^ " • » 4 * % >. . . » .0 Hq X\ :.\.iiv /.• .0 , ' ^ '/^^^^ .^ 5 <=i^ 'A r .^^ <^ "°.- •- '^1 '?<*:/ ,/\ 'W'' y ^. --^Si^-' ,/ \ ^Z^^^r- ■ . .s9. ,4 9. c >p-^^ •!> .0- ^^' ••^ / .y -P. \W, t^i^ ,-^^ .''"'• "% ^^\<