H O ^ u ** 'o . , * 5 * * / '*\> 4 , * • O S P ° /- "*^> "*W v v .-.^vv ^ *^ 'yaws A v -V* ' v ' O > v<0 f s . . , ^ p * • » ' * A, V. *°«°° .V A . A V< ' / > " ; . s • • •"••' ^ % <> % "■■• * G .. % 4 O o > ,* T °.t. •" A * V<0 G* *o *7^ ^ £■ ***** *o o cV c> ,* 4 O 2? ^ o o . > V • > ^ ^ 3 ° o r ■ - b m k- 03 a fe X . §■££ S S*J 5.3' 65 "^ > ^ *> 2 o a s d s J£I »»- .9 m ® !«§ Commissioners, as quotod in this paper. ^Wisconsin Historical Collections, Vol. VII, pp. 394-6. SIMON CAMERON INDIAN COMMISSION. 119 Mr. Merrell's account is erroneous in one particular, when it says that Mr. Street went down to St. Louis to report the doings of the commission. What he did do was to bring up the money for the half-breeds, as a personal favor to Major Hitchcock, and when he found that the commissioners had gone, he wrote to the distributing agent telling what had been done. In a letter to Major Hitchcock about this matter, dated January 8, 1839, he says: "The information is, of course, from others, as I never saw the commissioners; and my duties with the Sacs and Foxes kept me away from this place during the whole time they were here". His office as agent for the Sacs and Foxes was at Rock Island; but as the quarters there were inadequate for his family, they remained at the Prairie, where he owned a good house. In the summer of 1838, he was on the Des Moines river at the site of the new agency, superintending the breaking of ground and the erection of buildings, to which he removed his family in the following spring. Both disease and famine were among the Sacs and Foxes that summer, as his corres- pondence with Major Hitchcock shows, and in October he- went to St. Louis to see about extra supplies. In his let- ter of March 12, 1839, to the Commissioner of Indian Affairs, Major Hitchcock states how he happened to send the money for the Winnebago half-breeds by Mr. Street: Gen. Street, who is so unworthily referred to by Mr. Murray, was in St. Louis when it was my wish to send the money to Prairie du Chien. I requested him to take charge of it, and convey it there. He was, however, unwilling to take the hazard of so heavy a charge in specie. We conversed upon the subject some time, alluding to the loss by theft of $15,000 in specie, only a few weeks before, at Prairie du Chien. After maturely considering the subject, I deter- mined to send the notes of the Bank of the State of Missouri. That bank was the authorized place of deposit for my public money. My funds were there in specie. That bank has never refused pay- ment in specie for her notes, since she went into operation. In order, however, to protect the half-breeds, I requested the cashier of the bank to furnish me with notes of one denomination, (20's) for the whole $100,000, explaining to him that I could not send the specie for the reason stated above. He accordingly fur- 120 ANNALS OF IOWA. nished me with $100,000 in 20-dollar notes of the Bank of the State of Missouri, the specie for which was in the vault of the bank, sub- ject to the call of whoever might hold the notes. As upwards of $200,000 in specie had but a few weeks before been paid by the Indian Department on the Mississippi river, I nat- urally supposed that a large portion would fall into the hands of traders, who would gladly exchange it for the notes sent for the Winnebago half-breeds; and the following letters of instruction were given by me in reference to the payment of the Winnebago half-breeds: Under date of Oct. 1C, I addressed Dr. J. C. Reynolds: "Sir: I send by the hands of Gen. Street, Indian Agent, $100,000 for payment to the Winnebago half-breeds, under the 4th article of the treaty of 1837. "This money will be paid to the particular individuals who shall be required by the United States commissioners (Messrs. Murray and Cameron) for the examination of claims under the treaty. You will please pay the exact amounts required (not exceeding the whole amount) to the particular individuals for whom required, taking such evidence as is necessary in the payment of annuities. "It is presumed as much specie can be procured, in exchange for notes, as will be necessary for satisfying the claims of those who may be unacquainted with the nature of paper money; for all others, bills of one denomination (20's) are furnished; and especial care will be taken, in all cases, to explain the value of the money, and that it is receivable in the land office." To Lieut. McKissack I wrote, under the same date, as follows: "I have sent, by the hands of Gen. Street, $100,000, to Dr. Rey- nolds, fcr payment to the Winnebago half-breeds. Should Dr. Reynolds have left Prairie du Chien, I request you to receive from Gen. Street the money and open the letter in his charge from this office, to the address of Dr. Reynolds, and execute the instructions therein contained." After thus sending the money to be paid at Prairie du Chien, I was astonished, on the 5th of November, to find Lieut. McKissack at St. Louis, with the whole amount. As Mr. Murray (or Mr. Cameron) lays much stress upon my expressing regrel to Lieut. McKissack that the money was not paid at Prairie du Chien, I must observe that I made the remark alluded to, not as regretting the non-payment of the drafts of the Commis- sioner, but I regretted that the half-breeds themselves had not been paid. All of my letters and reports on the subject of half-breed money will show to what my regret referred. it' I had desired the payment of the drafts, it was the expressed opini( I the commissioners that I not only had authority to make the payment, bu1 thai I was required to make it; and if it was really SIMON CAMERON INDIAN COMMISSION. 121 so, whether my agent paid the money at Prairie du Chien, or myself at St. Louis, was a matter of indifference. On the evening of the 5th of November, I called to pay my re- spects to the Commissioners, who had arrived at St. Louis the same day with the money, but in another steamboat. The subject of the mode of payment determined upon by the Commissioners was discussed more than I desired in a public reading-room; and I insist upon it that much argument was then and there wasted, to prove that the half-breeds were dispersed and could not be found by the paying agents of the Indian Department. In the evening of that day I prepared the report of the 6th of November. I had not, up to that time, heard of any particulars in relation to the proceedings of the Commissioners, except that the mode of payment determined by them set aside the principles which all my letters will show I deemed indispensable. Your letter of in- structions to me of the 20th of November (1838), approving my con- duct, will show that I was correct as to that principle. Under the impression that this departure from the principle of a direct payment to the half-breeds might be overlooked by the De- partment, unless there should be reason to fear that the half-breeds had beeu duped and cheated, I gave my opinion to the claimants that the drafts might ultimately be paid; and this fact makes a part of my letter to the Commissioner of Indian Affairs of the 6th of November. My letter of the 7th substantially repeats this; for, by requesting authority to require bonds from trustees, I virtually intimate my expectation of orders to pay the drafts. I have now to add a few words in explanation of my intercourse with Gen. Street, which has fallen under the severe censure of Mr. Murray. It gives me great pleasure to do an act of justice to a high- spirited, intelligent, and conscientious man, who has attained years and respectability, but neither honors nor fortune, in a life spent in the public service. It will be recollected that Gen. Street undertook to convey, and did convey, $100,000 to Prairie du Chien for the Government. This was an extra-official act; and by this voluntary act, for which he received no compensation, his passage in the steamship even not being paid, he saved to the Government not less than $300 or $400, which it would have cost had I employed a special agent to perform that service.* The commissioners in their report of December 15, 1839, to Mr. Crawford, Commissioner of Indian Affairs, state that they met August 29th, as low water prevented their earlier arrival at Prairie du Chien. Upon their arrival the)' had *Ex, Doc, 25th Cong., 3d Sess., p. 109. 122 ANNALS OF IOWA. published a notice in the various papers at Dubuque, Iowa, Mineral Point and Green Bay, Wisconsin, and at Chicago and Detroit, requiring all persons having claims against the Winnebago Indians under the 4th article of the treaty of November, 1837, to present them. The words of the report are as follows: Very soon after its publication (the notice) we learned from many creditors of the Indians at Prairie du Chien that it would be impossible to furnish the evidence required by the Department, that it was then a matter of deliberation among them, whether it would be expedient or not to file their claims before us; and it was the last day limited by the notice that a large proportion of the claims were presented. It was soon apparent to us, that if we required proofs of the sale and delivery of particular articles to the Indians, nothing could be done, and that we should have to return home without effecting the objects for which we were sent to the country, and thus leave a large body of angry claimants among the Indians, who were already a good deal excited upon the subject of the treaty, and who could, as we were informed, influence them to any course they might think proper. It became necessary, therefore, to examine, if it would be pos- sible, by a liberal interpretation of the instructions, to effect the ob- ject of our mission and do substantial justice to the parties con- cerned.* The report goes on at length to explain that as the Indian traders — with one or two exceptions — did not or could not keep books, they could not follow out the instruc- tions of the Indian Commissioners at Washington. So they adopted a plan suggested by the creditorsf who held a meeting to adjust their claims among themselves. In accordance with the plan they took testimony of the capital employed by different traders, the amount usually sold on credit, and the proportion of credits generally remaining unpaid. They say: The examination satisfied us that about one-half of the sales were generally made on credit, of which from one-half to one-third *Ex. Doc, 25th Cong., 3d Sess., p. 151. fMr. Mrnvll stated tli.it they disregarded the suggestion of all the traders, This mii-t have been a meeting of t lie Am. Fur Co. trailers alone. SIMON CAMERON INDIAN COMMISSION. 123 were never received; and we adopted this proportion, as coming nearer the truth than any other, and were strengthened in our opinion of its fairness from finding that it accorded with the views of the traders themselves, as expressed in their private adjudica- tions among themselves, before referred to. Particular cases, where the testimony warranted, were of course made exceptions to this general rule. The Commissioners further state that claims to the amount of $528,219.33 were put in; that they were consid- ered as proved to the amount of $160,886.30; and that a pro rata distribution of .93 17-100 on a dollar was made which was paid to the creditors in full of their demands. "Before payment, the register was submitted to the Indians in council, and approved by them in writing". This was the method used to determine the claims of the traders. It does not, however, seem to have been satisfactory to Mr. Merrell as shown in his account, nor to Mr. Thos. P. Street, a trader at the Prairie, who in a letter to Major Hitchcock, June 3, 1839, explains the method as he under- stood it. Dear Sir: Having seen a communication from D. M. Broadhead to the Secretary of War, dated 16th February last, in relation to the con- duct of the Commissioners sent out to settle the claims against the Winnebago Indians, under the treaty with said Indians of 1st No- vember, 1837, — in which my name is used disparagingly — I beg leave to trouble you with the following communication setting forth the reasons which induced Mr. B. to attack me. Shortly after the arrival of Mr. Broadhead and the Commissioners last summer, and a few days after the Commissioners had com- menced examining claims, Mr. Boilvin, who was an intimate friend of Broadhead's, came to me and asked me who I had employed to attend to my claim before the Commissioners. I replied that I should attend to it myself. He said, you had better have some one, a lawyer, to do it for you, and I think you had better employ Mr. B. ; he is well acquainted with the Commissioners, and will be of great servioe to you in getting your claim allowed. Accordingly I spoke to Mr. B. to attend to the claim. He told me he would and charge me a mere trifle for it. Mr. B. then went on to say to me that he had several claims confided to his management and should bring them before the Commissioners last or after all others had been examined, that the Commissioners would be governed in their ad- 124 ANNALS OF IOWA. judications of claims by the report of J. W. Edmonds; that he had been furnished with a copy of such report, and was the only person in the place who had such information; that the counsel employed by other claimants were not in possession of the above information, and therefore would not know the kind of proof and other particulars necessary to sustain their claims; the object of which communica- tion was to prove to me that he was the only person possessed of the necessary information to prepare and sustain a claim before the Commissioners, and that I had not been badly advised nor acted unwisely in employing him. I then went to work and made out a claim against the Indians from my books and memorandums and attached an affidavit stating that the account was just and correct. This paper I filed with the Commissioners, and was promised that due notice would be given me of the time when the claims would be taken up. Some weeks afterwards Gen. C. and Mr. B. called me into the street before Taintor's Hotel and told me it would be necessary for me to present my books of original entry for the inspection of the Commissioners. This I at first declined doing, stating as a reason that I had tiled an account which was a transcript from the books. Gen. C. then said, "If you do not present your books we can allow you nothing " Upon which I promised to do so. And accordingly collected all the books and memorandums in which charges were kept against the Indians and took them up to the Commissioners' office one evening about 8 o'clock. I then asked Gen. C. to show me the accounts which I had filed. An anxious search through the office was made, but my account could not be found. I was directed to make oul a new one, which I did on a re-examination of my books and filed again, leaving the books in the charge of the Com- missioners; there they remained some four or five days. Before I left the office this evening Mr. B. came in and commenced a private conversation with me, in which he said, "Street, I know one reason why the Commissioners are opposed to your claim." I asked him to tell me the reason, that I might have an opportunity of explaining the matter to them. He said he could not then, but if I would call at his room in the hotel at 9 o'clock next morning I should know all. Agreeably to this appointment I called. Mr. B. took me aside and said to me in substance, as well as I can recall literally, "Street, keep quiet,, say nothing. Your claim is already allowed to the full amount." but, said he, "Say nothing to any one. It would be highly Improper for such a communication to be made public at this time." This was, I am certain, three and I believe four or five days before any publicity was given to the decision of the Commissioners. I then, and 1 believe afterward, asked Mr. B. if I could get my books, or whether the Commissioners had finished their examination of them. He said, "You will get them in time; the Commissioners have never even looked into them nor will they examine them at SIMON CAMERON INDIAN COMMISSION. 125 all." I then felt perfectly satisfied and waited till the decision had been made public. I found that Mr. B. was correct, my claim had been allowed to the full amount. Mr. B. and Gen. C. were very inti- mate and very frequently together, and I was induced from the man- ner and conversation of the former [to believe] that he was an especial favorite with the Commissioners and did religiously be- lieve that Mr. B.'s secret influence was sufficient to sustain my claim, although other evidence was produced. It seemed Mr. B.'s constant object and desire to impress on my mind the fact of his peculiar and strong influence with the Commissioners. And I did then and now believe, and have heard the remark made by many persons in this place, that they felt certain all claims entrusted to Mr. B. would be allowed, and that belief was grounded on the inti- macy and supposed influence which existed between Broadhead and Gen. C. The communications made to me by Mr. B. as above stated were entirely gratuitous and were unnecessary. All I asked of him was to present my claim in proper shape, but I never knew of his hav- ing done the least thing in a public manner in relation to it. I pre- pared it myself, with the assistance of a friend (Mr. Burnett), and I always supposed that Mr. Broadhead's secret influence had caused it to be allowed its full extent without any examination of the books, which were so eagerly sought after. Thos. P. Street's claim as shown by the commissioners' list was $1,068.98, and was allowed in full to Jos. Moore, attorney in fact. Mr. Moore was Mr. Street's partner and was sutler at Ft. Crawford. Later papers show that Mr. Street paid Brcadhead fifty dollars for his services. This was a small fee compared with others demanded and there must have been other reasons for granting the account in full. In the first place his account was carefully kept and could be used as evidence in a future complaint against the commission ( it was to satisfy themselves of this, perhaps, that they asked for his books); second, his partner was the army sutler; third, his father was an Indian agent, well known for his honesty, and at that very time with Commis- sioner Fleming at Rock Island adjudging similar debts, against the Sacs and Foxes under the treaty of October 21, 1837. It was perhaps natural that Thos. Street should fee Broadhead, but Agent Street did not like the part his son 126 ANNALS OF IOWA. had played in this affair; he could not bear even the shadow of a doubt cast upon his family honor. Major Hitchcock refers to Mr. Street's feelings in the following letter: St. Louis, June 11, 1839. Dear General: I send you a copy of the letters I have sent to Mr. Crawford in relation to you. At Prairie du Chien I heard the most insolent lan- guage from Dousman and I thought I could not do less than caution Mr. Crawford on the subject. As Thomas told me he paid Broadhead $50 I could not make out my letter without alluding to the transaction in the way I did. You were mistaken in the case and I could only understand it as I have expressed it in the letter. These matters will always have some unpleasant features and we must get along with them the best way we can. Pray, how did you understand that Thomas had not feed Broadhead? Have I explained it correctly, that the matter was a secret and that Thomas held it until Broadhead attacked him? But the greatest stir was made over the half-breed claims. In regard to them the report says: *Entire strangers in the country, having no knowledge of the mixed breeds, of their present or previous standing, ignorant of their history, so far as related in any manner to the discharge of this delicate duty, and limited in time, we were thrown for informa- tion upon the community of Prairie du Chien, and such strangers as happened to be there, and who had some knowledge of the service and standing of the Indians of mixed blood, for all information to govern us in the distribution of this large fund. . . . The safest course, they thought, would be to call upon the most respectable and disinterested of the old settlers, to make a classi- fied list of the half-breeds, according to their own knowledge of their merits; and upon this list, after an examination of the proofs, to make their decision This course was adopted, the result sub- mitted to and ratified by the Indians in council and the commis- sioners have every reason to believe gave universal satisfaction. The commissioners say that they called upon "the most disinterested of the old settlers". According to their own witnesses in the trial before the House of Representatives Committee in 1839, four of them, Dousman, Rolette, Lawe and Irwin, were American Fur Company agents. Of these "Ex. Doc. 2f>th Cong., 3d Sess., p. 19. SIMON CAMERON INDIAN COMMISSION. 127 Lawe and Irwin were at Green Bay. Lock wood was a mer- chant and Justice of the Peace at Prairie du Chien and H. S. Baird of Green Bay was Attorney- General for the Terri- tory of Wisconsin. The fifth person on their list was John H. Kinzie, former agent for the Winnebagoes and but for his previous partiality to the American Fur Company was a disinterested person. In my previous article I have empha- sized the fact that Mr. Street was one of the few Indian agents who dared to oppose the American Fur Company. Of these witnesses cited by the Commissioners, Baird and Kinzie, judging from all accounts, were not present during the sitting. The report goes on to say: No bonds being required from guardians or trustees, the Com- missioners determined, after consultation on the subject, that it would not be proper to require them; and in many cases it is pre- sumed they could not have been given without great trouble and delay, in consequence of the distance at which some of the parties lived from the place of sessions, and if security had been required, the commissioners could have no knowledge of its competency. In all, or nearly so, both of debt and half-breed cases, the parties appeared by attorneys in fact, whose powers were regularly exe- cuted and filed with the secretary. No doubt existed in the minds of the commissioners that the parties had a right thus to appear and give full authority not only to attend to the cases before the board, but to receive from them the allowance awarded. In the case of the traders, we presume no doubt can be or is entertained, and in the case of the half-breeds, who are understood to be free citi- zens in Wisconsin Territory, it appears to the commissioners there can be little doubt. If the claims had belonged to white citizens, of education and standing in society, it would not have been at all a matter of surprise that they should appear by attorney, it being certainly the most convenient and best course. The business, though not conducted according to the strict course of courts of jus- tice, was, nevertheless, governed necessarily by prescribed forms, with which the half-breeds would not generally be presumed to be familiar, although some of them were tolerably educated, and most of them highly respectable. Their right so to appear was not in any case questioned, and the instruction did not forbid it. The powers, therefore, were in all cases respected, and the business better conducted, as the commissioners conceived, than it could have been in any other manner. The money, too, not having arrived in time, no course remained but to give drafts; and many of the 128 ANNALS OF IOWA. half-breeds not living on the spot, to whom could the drafts have been given, or who could receipt for them but the attorneys? If a different course had been adopted the claimants would have been put to much unnecessary trouble and expense.* This sounds rather plausible; but what does Major Hitch- cock, who had been several years stationed in the Indian country, and most of the time at Prairie du Chien, say? To understand more clearly the position of the accusers in this case, let us go back in our narrative to the point where the Distributing Agent for the War Department has sent the money for the Winnebago half-breeds to Prairie du Chien by his personal friend. Mr. Street left St. Louis October 16, and arrived at Ft. Crawford about November 1. He states in a later letter that it was the day after the commis- sioners had left. They nowhere state at what time they closed their sitting. Mr. Murray in his later defense says that they were nearly a week going to St. Louis and that they were there November 6. Major Hitchcock says that they arrived the afternoon of November 5, and that the same day by another boat Lieut. McKissack, the paymaster at Ft. Crawford, came with the money, and also he received by that boat a letter from Mr. Street dated November 1, in which he explains his disposition of the trust placed in him. This is the first intimation the Distributing Agent had that things were not straight at Prairie du Chien. The condition that Mr. Street found when he arrived is stated later in a letter to Major Hitchcock, dated February -4, 1839. He says that when he returned home November 3,f a Mr. Campbell, who married Sophia Palen one of the half-breed beneficiaries of the treaty, came to his house and inquired what part his wife was to have of the 8100,000, and when it was to be paid. Street answered, "I have just got home, and know nothing of the business done by the commission. They left here, I learn, yesterday. I brought up the $100,000 from Major *Ex. Doc, 25th Cong., 3d Sess., p. 20. fTlns must be a mistake as his letter to Maj. Hitchcock evidently written the day of 1 1 is arrival, is dated November 1. SIMON CAMERON INDIAN COMMISSION. 129 Hitchcock to Dr. Reynolds, and the money is now here in the room. Dr. Reynolds is at St. Peters. The money will I presume be paid on his return, as I have sealed letters from Major Hitchcock to him". Mr. Street's paper says further: Mr. Dousman then came in and asked me if I had brought the $100,000 for the relations of the Winnebago Indians. I replied I had and made the same statement about Dr. Reynolds. Mr. D. then set to to persuade me to take or send the money back to St. Louis. I utterly refused to do either, on any consideration, and remarked it would be useless, for the money is to be paid at this place to the half and quarter bloods. Mr. D. said the relations had mostly all sold their dividends, and the drafts had gone along with the com- missioners, the day before, to St. Louis. I replied, I don't think the orders of half and quarter-breeds will be paid. The money will only be paid to the relations and guardians, who will be required to give bonds and security. That I could not understand how the dividends of minors could be paid to order; who can give the order, and who acts for them? Mr. D. answered, "All that has been settled by the commissioners, and all we want of you is to get the money to St. Louis." I then remarked upon what Mr. Campbell said of classifica- tion of claims, that they were in three classes — Nos. 1, 2 and 3 — and No. 1 was the largest amount and No. 3 the smallest, and yet some of half-blood were in No. 3 and some of quarter in No. 1. I said the Indians declared their intention was to get the names of all their relations of not less than quarter blood, and divide the $100,000 between them equally, share and share alike. Mr. D. re- plied, the commissioners acted by the special order of the Secre- tary of War, who directed the classification as it was made. I then remarked, I will get rid of this business myself, but I do not think the money will be paid to attorneys of half-breeds. I can, with an open letter in my possession, hand the money over to the quartermaster, Lieut. McKissack. I went with the letter and money immediately to the fort, and handed them over to Mr. Mc. Mr. D. and Gen. Brook came into the quartermaster's office while I was paying over the money; and Gen. B. remarked to Mr. M. that he would give him an order to go to St. Louis that he might take that money down to meet the drafts that had gone. . . . Mr. Campbell expressed much dissatisfaction at the amount granted him ($600), and still more at the charge of half by Mr. Dousman, and persisted that he had given no authority to any man to receive it for him. How he and Mr. D. ultimately settled it, I Vol. VII— 9. 130 ANNALS OF IOWA. know not. Mr. Campbell returned home, where I can, by inquiring, know more of that transaction. That in Ihe case of Mr. Peon, he (Peon) had a claim for goods formerly sold the Winnebagoes, amounting to $700. That by advice of Mr. D. and Mr. Boilvin, he employed Mr. Broadhead to advocate his claim, as he was assured if he did not employ Mr. B. he could get nothing. On the claim he was allowed the full claim of $700. Similar remarks were made to several other claimants; and they were assured that if they did not employ B. they could get nothing. That these opinions were well known to be circulated by the com- missioners I am constrained to believe, from the concurring opinion 'Of so many persons. A slip of paper was left in the commissioners' quarters purport- ing to be part of a docket of cases of applications as half and quar- ter breeds, and that on said docket every application to which Broad- head is marked as counsel for claimant, the claim is in the first class, and at the highest rate allowed. This paper is now here preserved. Another fact. Mr. Broadhead said that Gen. Cameron and him- self had brought on $40,000 or $60,000 with them. Mr. F. [Feather- stonebaugh], the secretary, also said the commissioners did not care whether the disbursing agent paid their private draft, for that the commissioners had brought on a large amount of money, and the money paid out here was on a bank of which Gen. C. is presi- dent. "What could all the money be brought here for by the com- missioners and Mr. Broadhead? Jos. M. Stbeet. The natural answer to this last question was that the money was to buy up the half-breed claims at half price. Although, as shown by a later report, February 16, 1839, they objected to Major Hitchcock paying in Missouri State Bank notes instead of specie; they came prepared to buy the claims and did buy them with notes on a bank in Pennsylvania of which one of the commissioners was cashier. Surely State Bank of Missouri money was more suitable for transactions on the Mississippi river. Later the half-breed Peon made the following affidavit: Jan. 2, 1839. Mr. Broadhead first offered me six hundred dollars for the claims of my two children, stating they were only quarter-blood, and would be allowed very little. I refused to take it; but said, after being repeatedly urged, that I would sell for eight hundred ($800) dollars. Col. Broadhead finally agreed to give it. The action of the com- SIMON CAMERON INDIAN COMMISSION. 131 ruissioners, however, in reference to my children, entitled them to thirty-two hundred dollars. On hearing this, I became dissatisfied, and went to Mr. Broadhead, informing him what I had been assured, when he agreed to give me three hundred dollars more, making eleven hundred which my children received, instead of thirty-two hundred dollars. My son's name is John Baptiste, and daughter's Angelique. John Bt. Peon, (his X mark) Done in presence of Jos. M. Street, Ind. Agent. D. Lowry.* Frederick Oliva, who was a half-breed, stated to Mr. Street that Mr. Broadhead and Mr. Boilvin, came to see him two or three times, on the subject of purchasing his half-breed claims. When he finally told them that he did not wish to sell his claim, but would abide the decision of the commis- sioners; upon which he was solicited by Mr. Broadhead to manage or present his claim, for which Mr. Broadhead would charge him ten per cent., assuring Oliva that if he did not receive $1,500 he would not charge him anything for his trouble. Oliva consented and received a draft for $1,500 for which he paid Mr. Broadhead $150.00. Mr. Street further states from information gained from Oliva that Antoine Grignon and John Roy sold their claims to Broadhead for $800 each. The treaty donations gave them $2,000 each and the papers of the commissioners show that Broadhead received certificates for $1,600 for each of these claimants. In his defense, dated February 14, 1839, Mr. Murray says: On our passage down the Mississippi at the rapids of Des Moines (where our boat was detained) we were overtaken by a boat in which Lieut. McKissack, quartermaster at Ft. Crawford, and in charge of the half-breed money, was a passenger. It was then and there proposed to me, and I suppose also to Gen. Cameron, that the drafts should be paid at once. This proposition was made me by Mr. Broadhead. I had no authority as a commissioner to control this matter. But did I advise it? Mr. Broadhead, if called on, will, I am sure, do me the justice to say that I advised against it, upon the ground that it was not a proper place for the transaction of such business; and that, as the drafts were drawn on Major Hitch- cock, he had better pay them.'t *Ex. Doc, 25th Cong., 3d Sess., p. 57 tEx. Doc, 25th Cong., 3d Sess., p. 98 132 ANNALS OF IOWA. This shows that Mr. Murray had some scruples against barefaced robbery. Before detailed news of these transactions could have reached Major Hitchcock and as soon as the commissioners arrived in St. Louis, the Distributing Agent writes to the Commissioner of Indian Affairs as follows: Office Mil. Dis. Agt. Indn. Dept. Saint Louis, Novr. 6, 1838. T. Hartley Ceawford, Esq., Comr. of Indn. Affrs. I have been compelled from a sense of duty to suspend payment of the Winnebago half-breed money until I can receive your in- structions. I was directed to pay the half-breeds; on the "requisitions of the commissioners." The usage of the Department, under similar in- structions, as understood by me, has been for the persons author- ized to make requisitions to require the payment to be made to the proper claimant. (Form No. 1, Rev'd. Reg's. No. 3.) If the claimant is a white man and disposes of his claim, it is his business and his right so to do is not disputed. In the case of the Indians the rule is different, the 31st par. Rev'd. Reg's. No. 3 being explicit on this point. Half-breeds are neither white men nor Indians as expressed in their name — and the proper treatment of them is neither defined in the regulations nor perhaps established by usage. If it is said they are not Indians and must therefore be treated as white men, it may more plausibly be said they are not white men and ought therefore to be treated as Indians, as they unquestionably have been in almost all treaties containing stipulations in their favor — • (Art. 1st treaty 4th Aug., 1824, Sacs and Foxes; Arts. 6 and 11 treaty June 3d, 1825, Kansas; Arts. 3 and 6 treaty Oct. 6, 1838, Miamis; Art. 3 treaty 23, Oct., 1826; Art. 4th treaty Dec. 29, 1838; Art. 2d treaty Aug. 29, 1821, Ottawas, Chippewa, &c, last part of the Art.; Art. 2d treaty 18 Feb., 1833, Ottawas, &c, &c, and especially the spirit of the 6th Art. treaty 28th March, 183G, Ottawas and Chippewas.) It is against all knowledge, although there may be exceptions, to suppose the half-breeds are acquainted with the nature of powers of attorney and bills of exchange, and to discuss the questions con- cerning them upon a presumption of their moral responsibility to our laws and usages is, to my mind, an absurdity. Premising thus much, I have to state that the fund for the pay- ment of the Winnebago half-breeds was not received by me until the 9th ulto. I availed myself of the first boat and first opportunity (which occurred on the 16th) and sent it from this city to Prairie SIMON CAMERON INDIAN COMMISSION. 138 du Chien to be paid to the persons whom the commissioners might designate as the proper claimants. But the commissioners had decided to require payment, not to the individual claimants, but almost exclusively to third persons, and principally to a monied man who traveled from Philadelphia with a large amount of Philadelphia bank notes (doubtless for some lawful purpose), upon his procuring powers of attorney. I do not wish to question the motives of this monied man in following the commissioners to Prairie du Chien with his bank notes, but I cannot sufficiently express my regret that the late date at which the half-breed money was remitted has given him the opportunity of purchasing, with his rags, the claims of a miserable body of ignorant half-breeds totally unacquainted with the nature of the business in which he was engaged. Another class of persons in whose favor the commissioners have required payments are called guardians and trustees, not one of whom has been required to give bond for the faithful disposition of the money. To pay these people without requiring bonds will scarcely be even a form of payment and to suppose that 10 per cent of the money thus paid, can ever benefit the proper claimants is to defy all experience. The commissioners who are now in town, observe on this point that they had no instructions to require bonds and that therefore their doing so "would not be legal," but I do not see the sequence. One among these selected trustees was arrested for debt in this city last spring— another I have been creditably informed dared not come here on account of his debts, and a third is a most notorious gambler. Two of these I venture to say could not borrow a thousand dollars to save them from the county jail. It is from no disposition to retain the money in my hands that I suspend this payment. I had already sent it to Prairie du Chien, and my sending to the Sioux half-breeds their hundred and ten thousand dollars without instructions as reported by my letter of the 9th Sept. will show my readiness to disburse the public money when I am satisfied with the occasion, but the well known and enor- mous frauds upon half-breeds of other tribes impose upon me a duty in this case, and I cannot pay this money to the "Winnebago half- breed claimants without instructions based upon a knowledge of the circumstances doubtless unexpected to the Department, grow- ing out of the fact that the money was not at Prairie du Chien until the commissioners had closed their labours. I enclose herewith a list of claimants as ascertained by the commissioners with their requisitions attached to it, which I re- quest may be returned* to me. I also send copies of individual orders or drafts which will explain the manner of receiving payment. I cannot close this letter, long as it is, without observing that 134 ANNALS OF IOWA. the Department thought proper to indicate a distinction between the claims of white persons and those of half-breeds, by paying the former in Washington, while the money was sent for the latter. It appears to me the distinction thus drawn was not without meaning, extending as it did to all the tribes on the Upper Mississippi. Since writing the foregoing I have seen and conversed with the commissioners. They urge that they were expected to distribute the money and that they only are responsible. I answered, that their instructions were given under the presumption that the money would be on the spot to be distributed by them to the proper claim- ants; but the money not being there presented a contingency not anticipated and that in point of fact their duties could not be exe- cuted and should have been determined on the knowledge of that contingency. I have also seen some of the claimants, one of whom has held out a threat of protest — but this was merely done to test the strength of my determination. I hope, in considering this matter you will do me the justice to bear in mind that I have already shown my willingness to pay the money by sending it to Prairie du Chien. I have remarked to the claimants that I presumed the drafts would ultimately be paid, but that in my belief they were given under circumstances not contemplated in the instructions of the commissioners and that the circumstances were of a character that required a higher sanction for the payment than my own, and, in short, that the Department could bear better than myself the re- sponsibility of payment. Very Respectfully, Yr. Obt. Servt. E. A. Hitchcock, Maj. M. D. Agt. P. S. The importance of the list of claimants referred to has induced me to retain it until I can prepare a copy, which I will trans- mit tomorrow. E. A. H.* From this letter it will be seen that Major Hitchcock objected to paying the claims because they were paid not to the half-breeds but to an attorney. The whole arrangement appeals to him as contrary to the spirit of the treaty, which was to pay the money into the hands of the half-breeds themselves. The boat which brought down Lieut. McKissack brought several citizens from Prairie du Chien and also a letter from *Ex. Doc, 25th Cong., 3d Sess., p. 7. SIMON CAMERON INDIAN COMMISSION. 135 Agent Street. Between the evening of the 5th, when Major Hitchcock talked to General Cameron and Mr. Murray in the hotel and refused on general principles to pay the drafts, and November 8, he had had time to learn more of the dis- satisfaction at the Prairie over the award of the commission- ers. Accordingly he sends another letter to Commissioner Crawford at Washington. Office Mil. Dis. Agt. Ind. Dept. Saint Louis, Nov. 8, 1838. T. Hartley Cbawfobd, Esq., Comr. of Indn. Affrs. Sir: It .vas not my intention, as certainly as it was not my wish, to occupy your time with another communication on the subject of the Winnebago half-breed money, but as new circumstances come to my knowledge I must write to do justice to the subject, to my- self and to others. I have crossed the purposes of a band of greedy speculators and brought upon myself the maledictions of many who will pretend an infinite degree of sympathy for the very half-breeds whom they have cheated and almost robbed by what will boldly be put forth as a legal proceeding. Be the consequences what they may, I rejoice that I have for a few weeks at least suspended the execution of this business. I have now to inform you, that I know an instance where a mau, selected by the commissioners as a "trustee," received in that ca- pacity an order for $1,800 who has .in this city offered it in payment of a note of his own due last summer and which note was dishonored and paid by his endorser and the amount suffered to remain a debt due the endorser to this day. Can this man be worthy of the trust reposed in him and is it possible that instructions could have con- templated the payment of money in trust to such person, without taking a bond for its faithful appropriation. 1 am informed and have not the slightest doubt of the fact, that every possible exertion was made to deceive the half-breeds into the belief that the Government was without money; was not disposed to pay the half-breeds ; and that if they permitted the opportunity of selling their claims to pass they would never receive anything, and that one claim of $1,800 was actually thus sold for $400. Can such transactions pass in review without condemnation because it may wear the color of law. It is monstrous, and, if lawful, the law is a scourge to the innocent. It will be urged upon you that actual claimants have been refused money in their proper persons and subjected to great losses. I am not so blind as not to see the use intended to be made of a farce en- 136 ANNALS OF IOWA. acted in my office when an artful "attorney in fact" and "trustee" brought into my presence a half-breed named Oliva — one of five only who received requisitions in their own names — for the purpose of making a case upon which to complain of hardship. I request you to examine the list of claimants as shown on the copy forwarded and you will see but five of the whole body have had the wit and strength to withstand the influence brought to bear by the cupidity of white men and receive certificates in their own name. Oliva, one of the five referred to, will not suffer. The wit that secured him at Prairie du Chien will not abandon him here, and he is the only one that I have heard of as having come here except by "attorney in fact" or by "trustee." It is in vain to attempt to smother the grossness of this proceed- ing. Why were not the certificates of claim simply recorded in favour of the original and proper claimant, if the commission must needs go through the form of payment? Was it because such cer- tificates were not drafts? Was it because the "attorneys in fact" could not press their claims under purchase with half the show of right they now pretend? I beg of you to examine attentively the list of claimants for- warded yesterday. You will see the names of but five original claim- ants reported as having received orders on me. This was known to the commissioners, who, when I suggested the propriety of making payment at Prairie du Chien, immediately informed me that claims for nearly the whole amount were already in this city. I grieve to say it, but the impulse is irresistible and I must express my ap- prehension that the form of payment was acquiesced in for the se- curity of the purchaser, and not for the benefit of the claimant, and that in this proceeding the commissioners yielded their duty of guardianship of the half-breeds to a seeming compliance with the forms of law for the protection of "attorneys in fact." There has been great eloquence wasted in an argument to prove that the proper claimants are scattered and beyond the reach of the paying agents of the Indian Department, but this is all a waste of words. If they live with Indians they can be found with them. If with white men, their blood will distinguish and publish them; and I for one, as a Dis. Agt., do not thank the commissioners for an attempt to save me from the performance of a duty appertaining to my situation. If "attorneys in fact" can find the claimant, so can the officers of the Indian Department. If it be said that they have paid the claimants already, and are not expected to find them, the assertion truly characterizes the whole proceeding and shows in what manner these "attorneys in fact" became invested with the confidential trust they have filed with the commissioners. The powers of attorney were purchased, and for the most part by an utter stranger, a man entirely unknown to the half-breeds and having not the shadow of claim upon their confidence but SIMON CAMERON INDIAN COMMISSION. 137 through the contents of his purse. The commissioners inform me that they have no knowledge of the sale of claims, yet they inform me that the claims were nearly all here. In the first assertion they must speak in a technical sense and can only mean that the powers of attorney do not show the sale; while in the second, they know, in another sense, all about the claims; where they are and how they were procured. I do not wish to be disrespectful to the commis- sioners, but I must think they were not selected at a great distance from the scene of their duties at $5* per day at congress traveling days, and their expenses all paid besides, to act with two species of knowledge and shield themselves from a high moral responsibility by "keeping the law on their side." I was officially informed that their sittings were to have been held in the Indian country where all the expenses were to be paid by the Government, in order to se- cure justice to the claimants and drafts on the Government for up- wards of $5,000 are now in motion besides the per diem due the commissioners, on account of expenses incurred by their commis- sion, and yet by a seeming fatality the half-breeds have been cheated and abused under their eyes and they "don't know it." I recommend that payment be ordered to the original claimants; that the list reported by the commissioners be regarded only as a schedule like that embraced on page 588 of the Book of "Treaties to 1837," except that "trustees" be paid on giving proper bonds, and the half-breeds can then refund the amounts advanced to them by "attorneys in fact." •Very Respectfully, E. A. Hitchcock, Maj. M. D. Agt. P. S. I have just been informed that the claimants at Prairie du Chien, on hearing that the money for them had actually been sent to the Prairie, contrary to assurances given them, sent to this place a protest against the proceedings of the commissioners to stay the money in my hands, and it has been intimated from a respectable source that the agent had been bought to silence. Time may dis- close something on this subject important to the honor of the Government. November 10, 1838, Jos. M. Street writes to Major Hitchcock as follows: You will hereafter learn the course pursued by the commis- sioners. I have no leisure or heart to detail the shameful and cor- rupt course represented to me. Lockwood and Dousman, in con- junction with a Mr. Broadhead (the latter with the commissioners, and bragged that he had made $60,000 out of claims and half-breeds), decided the cases, and the commissioners only confirmed their acts Instructions of the War Dept. show that $8.00 per day was paid. 138 ANNALS OF IOWA. officially. Let any man of common sense and honesty look at the treaty, and then place the half-breeds in classes, if they can; and that, too, has no relation to half or quarter-blood, but they are classed by favor. A quarter-blood is the first class and a half in the third class. If the case was represented by Mr. Broadhead, or Mr. Dousman, or Lockwood, strongly, it was in the first or second class; if not advocated by either of these potent characters, the case went in the third class. On expressing my surprise at any classifica- tion under the language of the treaty, Mr. Dousman replied that special instructions were given to the commissioners to make the classification. You ?/ill no doubt hear from other sources of the conduct of the commissioners, as represented to me. Not one cent ought to be paid upon such decisions. Had the commissioner under the Sac and Fox treaty been guilty of such conduct, I am confident he would not have been permitted to proceed. I had some idea of their conduct from claims sent against the Sacs and Foxes, and promptly rejected. A month later he writes: In the case of the half and quarter-breeds, much more depended on the employment of Mr. B. ; yet a man of plain common sense and common honesty would declare that there was no need of a lawyer, for it must alone depend, under the treaty, upon one simple fact — whether they were related to the Winnebagoes as near as half or quarter blood. If they were, they were entitled to a share; if not, they ought to be wholly excluded.. The only question that would arise under the treaty was between the amounts to be granted half and quarter-breeds; whether half-breeds should draw the same as quarter-breeds, or if half-breeds would not be entitled to full shares, and quarter-breeds to half shares. But no one, from reading the treaty, will say that the commissioners, or the Indians who made the treaty, intended anything but the equal division amongst all their relations not further off than quarter-blood, of $100,000, share and share alike. The idea of any classification of the relations was never thought of by the Indians; and a classification which has grown out of this measure, giving to a quarter-blood a full share, and to a half-blood less than half the amount given to the quarter, is monstrous, and to the Indians, and especially those who made the treaty, unsatisfactory. True, in some cases, the influence operating upon the Indians, and the constant stream of intoxicating drinks, freely given, to keep up that influence, prevent anything from being said; still the language of the treaty remains, and gives color to the charges from every quarter, of partiality in the classification of the relations of the Indians; and if inquired into, it is found to rest, as I have said, upon the fact of the employment of Mr. Broadhead. If Mr. B. was well feed to his satisfaction, the relation was placed in the first cla^s, and entitled to the largest share; if not so well feed, SIMON CAMERON INDIAN COMMISSION. 139 in the second class, with a proportionate deduction of dividend; and if not feed at all, in the third class with the smallest dividend. This classification, too, had no relation to blood, whether of half or quar- ter, but was graduated by the fee paid to Mr. Broadhead. Long before any claimant could understand the fate of his claim, Mr. Broadhead could tell all about it; and in some cases, the claim- ants, by employing him when their claims were reported to them to be rejected for want of proof, got them allowed by employing Mr. B. Some, too, who were informed by the commissioners that most of their claims were rejected, and but a small part granted, gave Mr. B. his full fee and found their claims confirmed at the largest amount they claimed, ultimately. In most cases Mr. B.'s fee was such a per cent upon the amount allowed, and secured to him out of the claim. The impression has obtained currency here, that the commis- sioners brought Mr. Broadhead with them, upon a bargain, to share profits obtained through him of the claimants and half-breeds; and that they have made at least $20,000 apiece; that is, Mr. B. declared his fees amounted to upward of $60,000. Persons have calculated differently, and think his fees near $80,000. These fees, too, were as good as cash in hand, being a per centum upon claims and shares. . . . In the case of the claims, to have the advocacy of Mr. Broadhead, Mr. Dousman, and Mr. Lockwood, was sufficient to ensure the pass- age of the claim. And Mr. Boilvin was a most potent advocate, and doorkeeper for the commissioners frequently; indeed, most fre- quently they acted with closed doors; and Mr. Boilvin in most cases acted as doorkeeper and turned gentlemen back who were coming into the commissioners' office on business with them. Was it not strange, passing strange, to have a board decide on the claims and report to the commissioners (who in all cases confirmed their de- cision) composed of two traders, themselves having large claims, and one of them the largest trader with those very Indians? To me it was astonishing. As I said in my former letter, if the commis- sioner at Rock Island had appointed Davenport or any of the traders to examine claims, there would have been such discontent that I should have expected that the proceedings would have been forcibly stopped. Concluded in next number. THE SIMON CAMERON INDIAN COMMISSION OF 1838. BY IDA M. STREET. ( Concluded from July Annals. ) On January 8, 1839, Mr. Street writes more fully to Major Hitchcock as follows: The cases of Messrs. Peon and Oliva will show the amount shaved off the sums allowed them by Mr. Broadhead; and I will add another case of a discharged soldier, named Vunk. I am unable to say how much Vunk was allowed by the commissioners, yet a refer- ence to the name in their returns will show. This case of Vunk* is on the information of Mr. Sam Gilbert, a very respectable citizen of this place, and well known to you. Vunk came to this place, sometime in July, with a Winnebago squaw, who had a half-breed child born previous to the treaty of 1837, and lived in an old dilapi- dated house belonging to Mr. Lockwood, next door to Mr. Gilbert. Vunk was subject to hard drinking, and told Mr. Gilbert he came to get a part of the $100,000 given to half-breeds by the Winnebagoes for his child; that he had sold his claim to Mr. Broadhead, and would go as soon as the commissioners decided on the claim; that he was to get $400, to be paid in Mr. Lockwood's store, and as soon as he could get it, he intended to leave the squaw and go off. Mr. Gilbert saw Vunk getting goods afterwards at Lockwood's, and V. came to T. P. Street's store with orders from Lockwood for goods. Vunk was frequently drunk, and about the time the commissioners left here, V. quit the place, leaving the squaw and child with the Indians; nor is it known where Vunk went. The squaw and child are dependent for food and clothing on their own exertions, and are with a hunting party of Indians on Turkey river. Every cent of the sum divided to this half-breed child is lost forever to the child; the claim, and the money paid to him he drank out or carried away, abandoning the squaw and the child to the care of her people. What good has this done a half-breed ? There are doubtless many similar cases; but as most of the half- breeds live at Green Bay and the Portage, I have been unable to see them, and no information can be obtained by letter, for few of the half-breeds can write, and a letter would be carried to some trader, or to Boilvin, who is too much involved in the frauds to suffer any information to be given. I am promised a few leaves from a docket, found in the quarters occupied by the commissioners here after their departure, which I "This is Pouk on one list and Vark on another, and the amount is $600. 140 SIMON CAMERON INDIAN COMMISSION. 141 will enclose if I can get them. On them may be seen, I am told, that every case to which Mr. Broadhead is marked as attorney for the half-breeds, is in the first class, and of course entitled to the largest amount. The classification of the claims was certainly, in itself, unjust, and at once furnished the means of the most shameful speculation. If there had been no classification, the half-breeds, ignorant as they are, could have counted up their numbers, and, by dividing the $100,000 into that many parts, would see how much would be coming to each one; but placed in three classes, made by arbitrary distinctions unknown to the half-breeds, they and every other person (not in the confidence of the commissioners) were alike in the dark. Some of the first class were quarter-bloods, some still farther off, and some of the third class were full half-bloods. The commissioners pretended to class them in proportion to their ability to be useful to the Indians; this, too, depending upon such information as they could get from Dousman, Lockwood, Boilvin, and Rolette, who are mostly engaged in the same speculations and impositions upon the half-breeds. Mr. Marsh, (a respectable mer- chant of this place) partner of Bugbee, said to me that he knew not many persons of the half-breeds, but that one, a minor, was allowed $6,000, and, he understood, had sold his or her claim to Mr. Broad- head. Mr. Marsh further said, that when half-breeds first came to this place to attend upon the commissioners, the general opinion expressed by them was, that each one would get about $1,000 of the $100,000 to their share. They said there was about a hundred per- sons of the relations. But very soon he heard of the classification and the arbitrary rule of classing, by the commissioners — not on the principles of the laws of the United States, according to blood, but according to the possible usefulness that the person might be to the Winnebago tribe, to be judged by the commissioners, dependent on information obtained from the before mentioned packed source. This confounded all calculations amongst the relations and the whites (except those in the confidence of the commissioners) the initiated few. The consequence was, the relations who were in the dark were persuaded by Broadhead, aided by Dousman, Brisbois, Boilvin, Lockwood, etc., that they would get very little, and strongly urged by all these advisers to sell to Broadhead; and the same management deterred merchants and other capitalists from coming into contact with a man domiciled with the commissioners at private lodgings, who appeared the confidential friend and adviser of the commissioners, and, if he chose, could and occasionally did, let persons know the decisions of the commissioners long before they were known to any other person. So deeply were the half-breeds and many other claimants impressed with the belief that the com- missioners and Mr. Broadhead were acting in concert, that they generally spoke of Mr. Broadhead as one of the commissioners. 142 ANNALS OF IOWA. One evening Mr. Broadhead came into a boarding house with the commissioners and sat for some time figuring on a paper, and exclaimed: "Not a bad business; they amount to $60,000, which divided by four, gives $15,000 to each — not a bad busi7iess." Mr. Broadhead did not explain further, possibly as there were several other persons in the room; but Marsh suspected from all appear- ances, he meant himself, one or both the commissioners, and Messrs. Dousman and Lockwood; if the commissioners were con- cerned, Dousman, Broadhead, and the commissioners; if Cameron alone of the commissioners, then Dousman, Broadhead, Cameron and Lockwood made the four. Boilvin and Brisbois were evidently merely used, and found their account in the passage of such accounts as 'they laid in against the Indians, or got some small sop; and with this last class Lockwood may be numbered as being bought by something in proportion to their limited headpieces. Mr. Marsh, though, thinks $60,000 was too small an amount, if Mr. Broadhead purchased all the half-breeds; so he thinks there were four persons engaged in Broadhead's speculation, amounting to $60,000, and that Dousman and Lockwood had made speculations separately. At this place I can certainly hear of but one case unsold;* that is a half-breed, named Mitchell, for whom Dr. Moore drew as agent, and the draft was placed in my hands by T. P. Street, to be used by me to refund some money advanced by me for Moore & Street, and assigned to Pratte, Chouteau & Co.; this is $600. f The half-breed lives with Dr. Moore, and is about eight or nine years old. The case of Mrs. Campbell (late Sophia Palen) is drawn to Dousman, agent for Palen, or Campbell, and Dousman said is for $600; and in my hearing he told Campbell he could let him have but $300; for, said Dousman, "If I had not attended to your case you would not have got a cent." Moore and T. P. Street are merchants trading as Moore & Street. The information given is, principally, from the following sources, to-wit: Peon's case from Mr. Peon, the father, and Mr. Oliva, all living here. Oliva's case from Oliva. The other cases given by Oliva. Vunk case, Sam Gilbert, Palen or Campbell's case, of my own knowledge; Campbell and wife, Lower Rapids. Broadhead's declaration of the $60,000, Mr. Marsh, living here. The other information is from Mr. Marsh, and the general suspicions of the speculations of the commissioners from various persons here, who all seem to think that from all appearances B. and the commission- ers were concerned and acted together. The secretary, Mr. Featherstonehaugh, said that the commis- sioners did not care a fig whether the disbursing agent paid their drafts for expenses or not; Gen. Cameron had brought upwards of $60,000 along with him, of his own money. Mr. B. made a s'milar ', ! *That is, unsold to Broadhead. V fTho exact amount in the award. SIMON CAMERON INDIAN COMMISSION. 143 declaration in Mr. Boyd's presence. What could this $60,000 be brought here for ? And does not the amount strangely correspond with Mr. B.'s soliloquy about the $60,000 divided by four making $15,000— "not a bad business ?" One thing is certain: $100,000 was to have been distributed to the half-breeds. Drafts for the whole amount have been made and to whom? And who has the legal right over this large amount? The half-breeds? No. Mr. Broadhead, Mr. Dousman, Mr. Lockwood, etc. Some few thousand dollars in notes of a bank in Middletown, Penn., of which S. Cameron is cashier, were paid for these claims to half-breeds here; and I can hear of no other obligations even for the payment of any more here. This v is a strange disappearance of $100,000. Mr. Dousman said to me that there was not $1,000 of the drafts for parts of the $100,000 in Prairie du Chien, for they went to St. Louis on the same boat as the commissioners. Mr. Dousman further said today (8th Jan., 1839) : "Major Hitchcock did wrong to suspend the payments, and he will be made to see it, and feel it, too. I have ordered all my cases to be protested legally, and have no doubt about it I will get the accounts and expenses of protest." This was said in my hearing, in presence of several gentlemen. At the same place in a conversa- tion with Mr. Rolette, he said: "It would have been well enough to take security of persons to whom the money of half-breed minors was paid; for at St. Peters, in paying half-breed Sioux, some $5,000 was paid to Stambaugh, but little of which will ever go to the half- breeds." I did not reply. The request made in a former letter, that the information given should remain with you only, proceeded from a desire not to subject myself to the persecution it might raise, without any benefit to the half-breeds, and not from a want of evidence of the truth of the information. Now if anything can be done to obtain justice for the half-breeds, I freely give you leave to use whatever I have written, in such a way as may best subserve the cause of justice and right. To me it seems base and unpardonable, that men chosen by the president, and sent at a great expense so far, to see justice done to the Indians and to the half-breeds, should suffer such speculations to go on under their noses, as it were, by a lawyer coming with them from the same portion of the country they inhabit, and living all the time with the commissioners and in close intimacy with them. Even if the commissioners were not interested in the speculations, to suffer it, and in such a way, too, is monstrous. Yet, the only money paid out was the notes of the Middletown bank, of which Gen. Cameron is cashier; and his friend, the secretary of the com- missioners, boasted Gen. C. had brought on $60,000; and no other bank notes were flush about this place at this time, but miserable depreciated paper of Wisconsin. I regret that Mr. Marsh went into the country and I failed to see him, as I expected today; when he promised, if practicable, to 144 ANNALS OF IOWA. get the leaves of the docket and hand them over to me. If I cannot see Mr. M. before the mail closes, they shall come in the next mail, three days hence. In my conversation with gentlemen here about the commissioners, they unite in an opinion that there was too close an intimacy between Mr. B. and the commissioners for them to remain ignorant of Mr. B.'s speculations; and they think Mr. B. knew too much of the state of their decision before being known to any other persons, for the commissioners to be free from some inter- est in the business carried on by Mr. B. ; at least, such seems decid- edly the case as to Gen. C. Mr. Murray is described as a nervous hypochondriac, of extremely singular manners, and of unequalled irritable mind, though generally distant and gentlemanly in his deportment. Public mind here seems to favor the opinion that Murray was innocent, possibly, of any pecuniary interest in the speculations; but, from his disposition declined prying into Gen. C.'s conduct, or thrusting himself forward as an upright man would have done to save a parcel of ignorant fellow creatures from being so cruelly fleeced by Gen. C. and Mr. B. v The half-breeds, too, thought there was no relief — the offers of Mr. B. or nothing. These were men sent by the president, stood high in his favor, and what they did would be approved. Besides, the Sioux commissioners came down at the time, and the whites who had been up to prey upon them, all united in approbation of the plan of classification, and some declared in my presence that this (the classification) was made in obedience to the orders of the secretary of war, which Mr. Dousman assured me he had seen. All this taken together by unlettered, ignorant half-breeds, brought them to the conclusion to take anything Mr. B. offered; for they consid- ered it was that or nothing. Many had come more than 100 miles and remained here on expense for a long time, and had no money to pay; they were forced to sell to get away. The time taken to simply divide $100,000 between less than 100 half-breeds was out of all reason, and there is no apology for making the half-breeds remain here until the claimants for debts should come in and their claims be decided upon. The half-breeds might have been acted upon, and their business completed in a few days; and yet, the com- missioners kept them here, and their cases undecided, near 70 or 80 days. They did not even know what they were adjudged to receive until a few days before the departure of the commissioners from this place. When they learned (partially at last) how deep they had been shaved, they began to murmur so loud that Mr. B. in Peon's case, had to plank up $300 in addition to the sum he had given him for the two claims of his children (two minors), who may or may not get the $1,100 given by Mr. B. ; yet the commis- sioners gave their certificate to pay Mr. B. $3,200 for those two claims. SIMON CAMERON INDIAN COMMISSION. 145 P. S. A few days past, Mr. Lockwood said he felt perfectly sure his part of the $100,000 would be paid; for when the commissioners got to Washington, they would induce the Secretary of War to have all paid, for, said he, Mr. Broadhead has too deep a stake in the half-breed claims for the commissioners to see him suffer. I feel no fear for the event. Jos. M. Stbeet. The classification which Mr. Street so severely criticised was really in accordance with the instructions of the Secre- tary of War, as shown by the following from the Commis- sioner of Indian Affairs to the Sioux Commissioners, and quoted to the Winnebago Commissioners: "In determining the amount which each claimant (half- breed) shall receive, your attention will be directed to the following considerations: The degree of relationship, and the value and extent of services or supplies rendered to the Indians, or the capacity, disposition and intention, to render them in the future, as these constitute the entire foundation for this provision in the treaty." There could be no objection, legally, to the classification. Nor do the Commissioner of Indian Affairs or the Secretary of War make any. On November 19, Major Hitchcock writes to Mr. Craw- ford, stating that his duties as a distributing officer close at the end of the month, and asking for leave to come to Wash- ington. It is my wish to pay a short visit to my relatives and friends m Mobile Alabama, where a short furlough was voluntarily relin- quished for services in Florida in 1835, since which time I have been constantly and laboriously on duty. In view of the preceding facts and considerations, I respectfully request that my continuance here be authorized until I can collect my vouchers, which periods I will terminate by my certificate on honor; and that then I be called to Washington to settle my accounts, with leave to travel by the way of Mobile on a visit of two months to that place. Should you deem your own authority insufficient for this, I hope you will not think it unreasonable that I request you to apply to the Hon. the Secretary of War for the necessary instructions. Very respectfully, Yo. Obt. Servant, E. A. Hitchcock. Maj. 8th Infy. 146 ANNALS OF IOWA. Major Hitchcock's letters of November 6 and 8, called forth an order from Mr. Crawford that the payment of the half-breed claims be stopped. This is shown by Major Hitchcock's letter of December 3. Office Disbg. Agt. Indian Deft. St. Louis, Dec. 3, 1838. To T. Habtley Ceawfobd, Esq.. Commr. of Indian Affairs. Sir: I have the honor to acknowledge the receipt of your letter of the 21st ulto. directing that no payments he made from the fund for "Winnebago half-breeds without further instructions and request- ing me to communicate any further information I may have on the subject of the mode of payment directed by the late commission at Prairie du Chien. Since my reports upon this subject, there has not been time to communicate with any one at Prairie du Chien; but I have a letter from General Street, dated at that place November 1st after the commission had left there and before he could have heard of any proceedings. General Street says, in reference to the Winnebago commission: "The course pursued by the commission has been very different from that of Mr. Fleming at Rock Island. From the statement of correct persons here the most shameful bribery and favoritism has been practiced." In a matter of so much importance, involving the reputation of gentlemen honored with the commission of the government for the execution of a high trust and effecting the interests of many indi- viduals who have confided in the integrity of the government agents, at is of the utmost consequence that nothing should be received as decisive to the prejudice of such interests without the fullest assur- ance of necessity. I mention this consideration to show that I am aware of the responsibility under which I express my satisfaction with the order of the 21st ulto. and recommend that it be continued until definite reports can be received from the parties interested at and in the neighborhood of Prairie du Chien. There is, however, one claimant living in this city to whom I had sent the order of the 20th with the notice of my readiness to pay him in his own proper person. Should he make his appearance good faith will require me to make the payment. This I presume may be done without injustice to any one. Those who received drafts in their own right might also be paid the amounts awarded them, for they cannot be entitled to less, though it is possible they should receive more. I have the means and shall employ them of procuring accurate SIMON CAMERON INDIAN COMMISSION. 147 information from Prairie du Chien and the results will be reported without delay. I am very respectfully, Your Obdt. Servt., E. A. HlTOHOOOK, Maj. M. D. Agt. There was a further effect of this complaint, for January 28, 1839, T. Hartley Crawford wrote to Hon. J. R. Poinsett, Secretary of War, objecting to the acceptance of the Com- missioners' report. As to the excuse that they could not find books kept by the traders, he says, "other commission- ers have found proofs and no difficulty imposed itself that was not overcome." He further shows that the traders who were to profit by this loose way of granting claims were the ones who suggested this method to the commissioners. In regard to the half-breed claims he says: There is a vital particular in which, in my judgment, the instruc- tions are not wholly violated, but which, if this branch of the report could be sanctioned, would divert $100,000 from the quarter-blood Winnebagoes, and put it in the pockets of white men! The instruc- tions point plainly to the payment of the money to the Indians, and if they did not, it seems to me the appearance by attorney in fact, and the granting of certificates to those representatives opened so wide an entrance to fraud that I cannot repress expression of my surprise that such a course should have been deemed proper. The money was to be paid to the respective persons entitled to it, except in instances of minors, orphans and incompetents. The execution of the treaty, in either its spirit or letter, forbade any other pro- cedure, and yet, out of 92 Indians of mixed blood, the report shows that only 13 received certificates for their own money, either by themselves or parents; of the remaining 79, certificates were granted on 60 claims to attorneys in fact, and only 19 to trustees. Where was the necessity for these attorneys? Are they not assign- ers of these claims? I have no doubt of it. . . . The Indians probably received a mere pittance for undoubted rights, previously ascertained, about which no agency was necessary nor service required, and must not be deprived of the benefit intended them by the treaty. This is endorsed by the Secretary of War and the state- ment is made that a new commission is to be appointed. February 16, 1839, the commissioners present a defense, the chief point of which was that they had done exactly as 148 ANNALS OF IOWA. the Sioux commissioners did, and the Commissioner of Indian Affairs had accepted those reports. In reply to the charge of paying money to an attorney instead of to the half-breeds themselves, the commissioners say that as the half-breeds were not many of them present the money had to be paid to somebody and that the parties to whom they were paid were respectable. No facts are given, however, to prove how many half-breeds were really present. So that this excuse has no support in fact. More- over, both Mr. Street and Mr. Merrell speak as if all half- breeds entitled to money were present. The report says further: Under ordinary circumstances, we should have thought that, in a new and wild country, the claimants were fortunate in being so respectably represented. But the commissioner says that they were assigners of the cases they represented. We ask, where is the proof to sustain this assertion? We have seen none. And here we take occasion to assert, in the most unqualified manner, that until after the awards were made in favor of the mixed bloods, and the cer- tificates delivered, we had no knowledge that speculations had been made by attorneys in fact in those claims, and we challenge contradiction. But, suppose the fact had been known to us; what power had we to prevent it? It may be said that we might have cut down the sum awarded to the sums paid by the speculators. But all cases, without exceptions, as far as we remember, were in the hands of attorneys in fact; and the instructions required that all the money should be distributed. Besides, if it was necessary to employ attor- neys, it was also necessary that they should be paid. This is certainly a naive defense and worthy one of the brainiest politicians of his time. To the charge that they paid in certificates, they answer that the money was not there. It does not occur to them that they might have given the certificates to the half-breeds instead of the attorneys, and had the money sent up at once from St. Louis as they were going down there. Of course, the commissioners were ready to swear to anything to shield themselves. They produced affidavits from men in the west to the effect that Dousman and others concerned were lion- SIMON CAMERON INDIAN COMMISSION. 1VJ est men. Dousman was a partner in the American Fur Company. He could find plenty of interested parties to swear for him. They also produced statements from men in the Indian country stating that the half-breeds concerned were voters and intelligent men and could sign away claims if they wished. And Simon Cameron obtained letters from his secretary, Mr. Featherstonehaugh. and Messrs. Satterlee Clark, Jr., and Mr. Boilvin, as to the justice of his awards at Prairie du Chien. These men were his partners in this business. Mr. Boilvin says: "I have received letters from Prairie du Chien since I left; they all manifest their satisfaction of your proceedings with the exception of Major Boyd and T. P. Street, with whom the commissioners had some personal difficulties." What these difficulties were does not appear from the let- ters on either side, nor is there any other reference to them. By the way, this letter of Mr. Boilvin's is written in a good style and without mistakes in spelling or use of capitals, and is dated at Washington city, while one written by him to Thomas Street and given in this article verbatim from the original is of a different style. Could this letter have been written by a better scholar and signed by Mr. Boilvin? In answering the question, "Who were the attorneys in fact?" the commissioners reply, ''We have no list before us at present; but we are under the impression .that they were men of the highest standing in the country — the attorney- general of Wisconsin (H. S. Baird), a lawyer of eminence from Mackinac, another from Philadelphia (Broadhead), a person holding a responsible employment under the War Department at Ft. Winnebago (Clark), and another at Ft. Crawford (Dr. Moore), and as well as we recollect, one or two intelligent and respectable merchants." The list, however, shows that the attorneys in fact were Boilvin, Broadhead, Dousman and Satterlee Clark. Baird's name does not appear on the list; and Moore was trustee for one case only, that referred to by Mr. Street. 150 ANNALS OF IOWA. Major Hitchcock in defense of his action in not paying the money at St. Louis as demanded by the commissioners, says in a letter to the Department dated at Washington, March 12, 1839, that although he had not the money on hand for the purpose on September 11, he sent from another fund the money for the half-breed Sioux to St. Peters as there might not be another chance to transmit it. The Winnebago money had not come and he did not supply it, as he thought boats were going so frequently to the Prairie that it could be sent at any time. He says in his instructions to Mr. Pfister, the special disbursing agent at St Peters, September 10, 1838: The commissioners have been directed to decide upon the half- breed claims under the Sioux treaty, ... it seems important that payment should immediately follow the decision; otherwise the claimants may disperse. . . . You will therefore place in the hands of Lieut. Whitehorn $110,000 in specie, for payment, under 2d Par. 2d Art. of the treaty with the Sioux of 1837, advising him that it is the express directions from this office that no part of this money be paid to any proxy, to any person holding a receipt, or pretending in any manner to represent a claimant. That the money be paid only to a claimant in his own person, and then only on the requisition of the commissioners, countersigned by the Indian agent. He knew that these conditions had not been observed at Prairie du Chien and he refused to pay attorneys or third parties. Mr. Cameron in his defense says that he cannot see how the money could have been- distributed except through attorneys. Major Hitchcock, as distributing agent, seems to know how it could be placed through government paymasters in the very hands of the claimants. The com- missioners do not seem to have had sufficient confidence in the regular officers of the Indian division of the War De- partment to trust any money to their charge. It would seem natural that men whose official duties kept them in the Indian country would know more about the half-breeds and to whom the money could safely be paid, than commissioners who had spent only two months there, and an attorney who lived in Pennsylvania. SIMON CAMERON INDIAN COMMISSION. 151 While in Washington the winter and spring of '39, Ma- jor Hitchcock interested Horace Everett of Vermont in the matter. Mr. Everett, in the House of Representatives February 19, 1839, offered the following resolutions: Resolved, That the Secretary of War be directed to lay before this house a statement of the proceedings of the department in the execution of the 1st and 2d provisions of the 4th article of the treaty of Nov. 1, 1837, with the "Winnebago Indians and copies of all correspondence relating thereto, and also a statement of any information received relating to any speculations or alleged mis- conduct of any person or persons employed in the execution of said provisions; and copies of all correspondence relating thereto. Amended as follows: And that the report made on the subject by the commissioners of Indian affairs and decision of secretary therein be referred to a committee. Mr. Bell was chairman of this committee, and March 1, the papers were placed before them. It is very natural that these men who had been caught in a scandalous transaction should attack their accusers. Mr. Street, who was only an Indian Agent, had nothing but his reputation as an honest man to back him. He practically stood alone at Prairie du Chien, which was little more than an American Fur Company trading post. When feeling ran highest over the matter in Prairie du Chien, Major Hitchcock, in a letter from Washington to Mr. Street, dated March 17, 1839, says: Your uninvited sentiments and views in relation to the proceed- ings of the commissioners has given you a standing in the opinions of both (Sec. of War and the Com. of Ind. Affairs). I took care to let them know that your first two letters to me — parts of which I have furnished — were the results of your individual feelings. In your subsequent formal reports, which are on file and in course of printing by order of the House, you are severe upon sundry people about Prairie du Chien. You and myself must sustain the brunt of the war against the corruptions at the Prairie, but we have the President, Sec. and Com. (of Ind. Affairs at Washington) and I verily believe all of Congress to sustain us. We can afford to be assailed. As to the white claim- ants, I know nothing and have never said anything; but for the half- 152 ANNALS OF IOWA. breeds, my life upon it, they would get their money from the government. I wish you to note down everything you learn in relation to the proceedings of the commissioners and to inquire for facts whenever you have a fair opportunity. The commissioners have accused me of sending paper money 2 or 3 times under eastern exchange. They wish artfully to give out the inference that it was depreciated paper, which is false as you know. It was Mo. State Bank paper every dollar of it. They also accuse me of a wish to retain and use the money when they must know that I was so anxious to have the half-breeds of the Sioux paid that I sent the money to them without orders, assuming a great responsibility. They also handle very rudely my privately writing to you and my not furnishing my letter to Mr. Lowry. My letter to Mr. Lowry was public and I have put it on file. It will show the utmost consideration for the reputations of the commissioners. 1 expressly cautioned Mr. Lowry on that point.* Congress has not organized the Indian Dept. and has not sus- pended the law relieving officers of the army and I have therefore written a letter signifying my wish to be relieved. I may have to return to St. Louis for a few months and will then try to go up to the Prairie. He did return to St. Louis in the summer of 1839 as a letter dated St. Louis, June 11, 1839, shows: I think I may assure you it will be impossible for your enemies to touch you. They have cut their own throats, especially Dousman. I believe I showed you his letter to me refusing information. I sent it to the Sec. of War, who cannot fail to understand the drift of the business. We are both of us to be abused by the defeated party, but the cause of truth and justice must prevail and we shall be sustained. I enclose also a copy (on no account to be used until I see occasion) of a letter to Mr. Buchanan. I have the information prin- cipally from Bailly in writing and I have printed the letter for the mere convenience of sending a few copies to friends, holding the balance in reserve for the members of Congress the next session, in case I shall think proper. . . . I was told that Marshy intended denying what he said to you. If it comes to a mere point of veracity between you and him or you and any one at the Prairie, you must triumph. They said things unguardedly and have forgotten what they said or have been induced to deny it by those interested, if not interested themselves. Keep this view in mind and be cool in any answer you may make. "Mr. Lowry proved a turn-coat, as shown by later letters. tFormerly sub-agent at Prairie du Cbien. SIMON CAMERON INDIAN COMMISSION. 153 When aroused by an act of injustice, Mr. Street's indig- nation glowed at white heat, and he was liable to do rash and impolitic acts. Hence Major Hitchcock's injunction to keep cool. What Marsh intended denying as stated in this letter, was explained in a letter from Agent Street to the Missouri Republican, July 25, 1839: I presumed he [Dousman] had engaged with Mr. Broadhead in purchasing half-breed claims, as B. in a soliloquy had spoken of "160,000 divided by four makes $15,000 — no bad business." Although Mr. Marsh certifies he was too sick to be at Taintor's tavern during the stay of the commissioners at Prairie du Chien and that, in our social conversation he had not mentioned Mr. B.'s soliloquy, no one will for a moment believe that I manufactured the statement. I will not be positive, but I think Mr. M. told it as coming from some person boarding with Taintor at the time. I appeal to the returns of the Com'rs to sustain the opinion I have put forth in relation to the half-breed claims, and to the evi- dence I have in my correspondence adduced, and which is not denied. Apropos of Mr. Dousman's connection with this affair, Gen. H. H. Sibley, formerly an agent for the American Fur Company, says in his memoirs of Hercules L. Dousman, in the Minnesota Hist. Coll. Vol. Ill, p. 197, that the Hon. Simon Cameron when acting as Commissioner to settle the debts of the Winnebagoes received material aid from Mr. Dousman in settling these accounts. He also quotes a eulogy on Mr. Dousman which Senator Cameron delivered upon the floor of the Senate. Major Hitchcock also says in the letter of June 11, "Gen. Brooke is not pleased with your inference that Dousman had been talking with him about the money, but you only gave opinions and could not have intended disrespect." It appears from a letter to Thos. Street from J. M. Street that he thought Gen. Brooke was to blame for sending the money intended for the half-breeds back to St. Louis. It will be remembered that he speaks of Gen. Brooke coming into the office of McKissack with Dousman, when the money was delivered to the quartermaster. 154 ANNALS OF IOWA. Agent Street says: As to Gen. Brooke I have every respect for him as a brave sol- dier and feel pained that he happened to be mentioned in such com- pany. Yet in giving the details of fact, as to the disposition of the $100,000 — it became necessary to screen a subordinate officer into whose hands I paid the money, from censure in taking the money to St. Louis which had been ordered to be disbursed at Prairie dti Chien, and was turned over to him, to be disbursed (under Major Hitchcock's instructions to Doc. Reynolds) which instructions I handed with the money. I certainly did not intend any disrespect to Gen. Brooke, but detailed the facts as he and Mr. McKissack will remember they occurred. In giving my supposition on the facts, if I erred I regret it as to Gen. Brooke. Though if he ever makes oath that he was not operated upon by Mr. D. in the order to Mr. Mc. from what cause did he give that order? The Sec. of War ordered the money to be disbursed to half-breeds and agents at Prairie du Chien. Major H. sent it for that purpose to P. du C. and I paid it as money belonging to the Ind. Dept. to the Quarter Master and the Military Commander directed the Qr. Master to take the money back to St. Louis. And Gen. B. and Mr. D. coming together induced my conclusion. Now was not this a natural conclusion when Mr. D. had just been with.me endeavoring to induce me to send the money to St. Louis, which I refused. And how did Gen. B. know I had brought the $100,000 and that the money, the $100,000, I was paying to Mr. Mc? I had only arrived a few hours before, and went to Mr. Mc.'s office and for the first time disclosed the fact to him a few minutes before; gave him Maj. H.'s letter and proceeded to pay over the money. How then could Gen. B. know what money it was, and why send it back to St. Louis if not induced to do so by some information from Mr. D.? The fight did not stop with the adjournment of Congress, as shown by the following letter from Thos. Street to his father, August 5, 1839. Dear Father: Since my last letter to you I have heard some matters which are important to you, particularly in the controversy between Dousman, Lockwood & Co., and yourself. Gov. Horner (John A. Horner, late Sec. of the Ter. of Wis.) came here a few days since and in a conversation with me informed me that Maj. Hitchcock had written a letter to a friend at Green Bay last spring, requesting that friend to collect evidences of fraud in the settlement of the claims by the Comm'rs, Cameron and Murray, and that this person had employed Horner to take 5 or 6 affidavits wh. were sent to Maj. Hitchcock some time since. The affidavits SIMON CAMERON INDIAN COMMISSION. 155 were from half-breeds at Green Bay and go to charge Boilvin, Broad- head, and the Com. with improper acts, implicating also H. L. Dous- man in a positive manner as a speculator. One was the affidavit of Jos. Pauquette, a relation of the late Pierre Pauquette; the substance was as follows: Boilvin came and told him that he had better sell to Broadhead, that the money would not be here for a long time, that the half-breeds would all be classi- fied and the probability was that he would get but little unless he sold, and he finally agreed to take one-fourth, which was about $1,000 or $1,500 for [in place of] about $4,000 or $4,500. He (Pau- quette) was then sent to Dousman, who paid him the money, prin- cipally, if not entirely, in his Wisconsin Bank notes. He then made a power of attorney authorizing Broadhead to receive the money which should be awarded to him and went before Messrs. Cameron and Murray in company with Broadhead. The power of att. was exhibited, the matter talked over and Pauquette was informed that all was right by the Com'rs themselves. The other affidavits state something near the same thing though as I am informed stronger matters. . . . Dousman, Lockwood and all hands are waiting for the Comm. (Mr. Fleming) who has not yet arrived; they are now too busy to say anything further on the claim subject or against you. As stated in the report of the Secretary of War in Jan- uary, 1839, a. new commissioner was appointed to look over the half-breed claims. This was Mr. Fleming, who had acted as Commissioner in the Sac and Fox adjustment the year before. There had been no complaint then; with Agent Street and George Davenport at Rock Island he had been guarded from the kind of temptation that would assail him at Prairie du Chien. Mr. Street in a letter to his son, Sep- tember 6, 1839, says: Fleming is a correct and clean man and will do what he thinks right. And in another place: Dousman is a wily dog and will deceive Fleming if he is not guarded. I suspect Maj. Hitchcock is at Ft. Winnebago on a court martial and will be at Prairie du Chien (when the Com. arrives). He is a sterling man and can be depended upon. Now from what source could Dousman obtain the remark as to my expecting the Com. appointment? I never did; nor could any- thing I said be so construed. Mr. Street was wrong in his suspicion that Major Hitch- cock would be at Prairie du Chien when Mr. Fleming was 156 ANNALS OF IOWA. there. Whether Major Hitchcock was at Ft. Winnebago in September, and did not stop at Prairie du Chien on his way down I have no means of knowing, but the commission closed this sitting October 14, and October 17, Major Hitchcock writes from Washington to Mr. Street: My Dear General' I had a long conversation today with Mr. Crawford and took occasion to speak of the efforts made by your enemies to injure you. Being myself acquainted with some of the particulars, I went into detail and had the pleasure of hearing Mr. Crawford express his entire satisfaction. I told him the circumstances relative to the $100 referred to by Lockwood, for I very well remember the matter, as General, then Colonel, Taylor explained it to me four or five years ago. I also explained the particulars regarding the Sac and Fox half-breed money and told him the bond was in his own office, which could speak for itself. I am confident you have no occasion to give yourself a moment's concern. It is doubtless unpleasant to have the papers bandying one's name about, but I have heard num- berless people speak of the Winnebago affair and of the part you took in it, and at the same time sneer at the efforts made to injure you, and have never heard a single individual express a doubt of your integrity. The only wonder expressed in regard to the busi- ness was that you had the courage to brave a parcel of sharpers who "as a matter of course" would attack you. The following account of the new Commissioner's pro- ceedings is interesting, as showing how futile "investigations" were; not very different from some of them now: Peaikie du Ceien, Oct. 28, 1839. Dear Father: The commissioner Mr. Fleming closed his business on the 14th inst. and left that evening for Washington or home. He re-examined the half-breed claims, made his award, and had the money paid to each person entitled to receive it. Broadhead's brother received the amounts paid last year with an average advance of 15 per cent. In the claim* cases he received and filed such as were presented together with the evidence and determined not to decide upon them here, but took them with him for the purpose (as I suppose) of submitting them to the Com'rs of Ind. Affairs before he makes his decision. This I do not know, as I do not think he made known his intention with regard to them. Having now stated briefly the heads of the matter I proceed to particulars. The most of the claimants in both cases arrived here early in July and waited anxiously for Mr. Fleming until nearly the last of Traders' claims. SIMON CAMERON INDIAN COMMISSION. 157 that month, when a notice was received and posted up, stating that he would be here and ready to commence business on the 6th of Aug. He did not, however, arrive until about the middle or last of that month. As soon as he came he commenced receiving claims in the half-breed cases and continued that matter until it was finished, or the awards were made. It then became necessary to wait a few days for the Indians to come in, and that interval was employed in receiving debt claims, and receiving proof, etc. On the 16th of Sept. the Indians assembled at the office of the Comr. and the half-breed business was resumed by submitting the names of each half and qt.-breed on the list to the Indians separately. They agreed to all on the list except 3 or 4 who they declared were not their relations, and not entitled to receive money. These cases were Kuthoko, Caroline Harney, her daughter, Mary Gunn and one other that I do not now recollect. The Com., however, in making his award afterwards included these persons. I presume he had proof enough to satisfy his mind, notwithstanding the desire of the Indians. It may be well here to notice an incident which occurred this day (Sept. 16) in the council. So soon as the Com. explained to the Indians the object for which he had assembled them, one of the chiefs arose and made a speech, the substance of which was that Boilvin was appointed by them last year to look after their interests. They wished him to do so this year, and they desired the Com. to give them a list of the names of all the half and qt.-breeds that they might get Boilvin to look over and read it to them, and they would assemble again tomorrow and settle the business. The Com. replied that if they demanded such list he felt bound to give it to them and they might get Boilvin or any other gentleman to read it to them, but strongly urged upon them the propriety of acting on their own judgment, and to beware of the influence of each and every person in settling the matter. After a few minutes of reflec- tion they waived the demand and proceeded to pass upon the names as read by the Com. The Comr. took no notice at that time of the request that Boilvin should act. From the 16th of Sept. to the 28th was taken up in classifying and arranging the amount due to each person. During this time there was much maneuvering. I have seldom seen a time of more excitement according to the number of persons here. Broadhead's brother John H. was using every means to get [back] the money paid out by his brother; sometimes endeavoring to intimidate the claimants by threats of legal process; then coaxing, and all the time in perfect fever. Boilvin was busy, Lockwood was hanging to the skirts of every claimant that passed his door. Several others were assisting. The general outcry among this party was "Pay Broad- head or he will make you suffer severely for it." At this time was it that Mr. Fleming issued a notice requiring every claimant who 158 ANNALS OF IOWA. had received an award last year to produce and give up the certifi- cate issued in his or her case by the Com. Cameron and Murray, or failing to do so no money would or could be paid to them. Then commenced the triumph of Broadhead and the party; the whole matter was in their own hands, they could laugh securely at the puny efforts of the claimants and the counselors. The claimants, however, did not yield without some struggling. The most of the claimants from Green Bay assembled, directed their lawyer to draw up a protest against the notice and requisition of the Comrs. and set forth therein the fraudulent manner in which their claims were obtained. This paper they signed after it had been fully explained to them, but 2 or 3 days after being intimidated by Broadhead and others, and the arrival of the deputy marshal of the territory (whom Broadhead had sent a special messenger for to Mineral Point) and the pending of the Comrs. notice the combination of circumstances was too powerful — they gave up the unequal contest, desired their lawyer to withhold the protest and most of them had their names erased, and finally all settled with Broadhead on the terms stated in the first part of this letter. For the Green Bay portion see paper herewith marked "A" — drawn up by John S. Horner. For the por- tion of half-breeds near Rock River and elsewhere see paper "B" drawn up by John Catlin, which met the same fate ultimately. We now come to the 28th Sept. (Saturday). This day the pay- ment of the half and qt.-breeds commenced. It was made in the office of the Am. Fur Co. by Mr. Haverty — Dis. Agt., in presence of the Comr., Gen. Brooke, Mr. Lowry and some others whom I do not know. The room next the office was filled with persons of the propei- kind, to-wit, Boilvin, Clark,* Broadhead and Co. Broadhead received his money as before stated; the persons who were of what we call the other party or opposed to the cheats and frauds of Broadhead contented ourselves perforce in walking about the store room and casting a wistful look at some fellow as he passed out with a box or bag of dollars in his arms. The payment was not finished this day, but postponed to Monday, Sept. 30. That day there appeared the following notice on the counter of the store: "Gentlemen are requested not to come inside the counter." We had therefore to remain outside still more remote from the scene of action. Some fellows passed in, however, who I suppose considered themselves loafers, not gentlemen. Same arrangement in inner and outer rooms as first day. Same persons present. This day Dr. Moore ree'd the award of Mary Ann Mitchell, $1,000, by giving security — he had previously filed his indentures of apprenticeship. Oct. 1. Payment continued this day and finally closed. This morning they adjourned to the Com. office to finish. A great dis- pute arose between Broadhead and Boilvin. Boilvin had taken Mad. » Satterlee Clarko, Jr. SIMON CAMERON INDIAN COMMISSION. 159 Myotte's certificate last year, had sold it to Broadhead, received the money, used it, and now wanted Mad. Myotte to come forward and claim it herself and not let Broadhead have it. So soon as she would have obtained it, Boilvin intended to go to her and take it, and then realize a double portion. Broadhead kicked up at this; here was rogue to rogue opposed and a hard time they had of it. But Broadhead was too hard for Boilvin. The Com. called Boilvin up and under oath examined him as to his claims upon the money and asked him whether Mad. Myotte owed him; this took him aback, and he was unprepared and stammered out some almost unintelli- gible words, — in fact, he stood convicted of falsehood and knew not what to do or say. Those few moments while under examination must have been exquisitely painful to him. The matter was finally settled by the commissioners determining to carry the money to Washington and end the dispute there. From this time forward a change came over Boilvin's spirit. Dousman and he quarreled. D. told B. he was a liar. B. retorted by calling D. a liar. They bartered such like epithets for a short time, but the affair "came off" bloodless and I presume neither much woisted in character. It reminded me of a somewhat vulgar saying about a pot and kettle. A few days after this (the Comr. had now commenced examining debts) an affidavit subscribed by old Menard, one of the persons who had an award last year, was filed with the Com. The substance of which was that Boilvin had cheated him out of nearly if not quite half his award; that Mr. B. told him the draft was only so much — being only half the real amount, and that B. took M. to Lockwood's and there sold L. the draft, and L. gave M. a note for the one-half. Both L. and B. told M. that the amount of the draft was only one-half what in reality it was. I regret my inability to send you a certified copy of this affidavit now, but will in a few days, as I consider it important. . . . This affidavit remained a few days in the Com. hands; on the 10th of Oct., how- ever, Boilvin, John Kinzie and others of that same class were seen to talk earnestly with Menard, shortly after which M. and Boilvin came to the Com. and asked to withdraw the affidavit. Menard stated that he was unwilling to prosecute his claim further and wished to withdraw his affidavit and stick to the award of last year. The Com. consented, handed him his affidavit and Menard left the house, frightened almost out of his senses. Boilvin had told him that the charges contained in the affidavit were such as would sub- ject him (Menard) to a suit for defamation of character and heavy damages, the old man was pale with fright. The die was cast, how- ever, the party had determined to sacrifice Boilvin, too much fraud had been developed. A scape-goat was necessary, and by common consent they pitched upon Boilvin. A few days after the quarrel with Dousman, Antoine Grignon (the company's interpreter) served out a writ of attachment against Boilvin for $1,690, being a part of 160 ANNALS OF IOWA. the $2,000 given to Grignon under the treaty of Nov. 1, 1837, and the same matter about which the quarrel arose between B. and Dousman. The sheriff went to Taintor's and took all Boilvin's trunks and even his wife's trunks of clothing (Mrs. B. was here all summer). After overhauling them the sheriff gave them back to his wife, as they were found to contain no money or property value. This was a finisher. Boilvin at last found he was to be the victim and gave up the contest. Next day he took a steamboat to St. Louis in company with his wife, and I now take leave of him. Possibly he is now convinced that honesty is the best policy and that there is such a thing as retributive justice. . . . The Com. continued several days longer to receive claims and proofs, several new ones were introduced. Several of the claimants of last year still refused to put in their claims and finally refused; to-wit, R. Stuart (claim of old Am. Fur Co.), Dousman (for present company), Rolette, the Brisboise, Pauquette's estate (Dousman was executor). Lockwood and some others being the persons who received the highest sum last year, in fact about 2-3 the whole amount set aside by the treaty. These claimants who constantly refused to have their claims re-examined were constantly working with the Indians. Everything was tried, no stone left unturned, to prevent the Com. from proceeding in his examination, and at length they succeeded, the spell worked and the Com. abruptly closed on Oct. 14. And the commissioner himself left on a steamboat accom- panied by Stuart, Kinzie 'Co. At Galena he took the stage and returns to N. York by the Lakes. Some days before the close of the debt claims examination, the Indian chiefs assembled at the Com.'s office and One-Eyed Decorah rose and said that the nation was glad that Mr. F. had come on and examined the half-breed claims, that their half-breeds were pleased with his awards and felt proud, that he had done what was right and they were glad. "But," said he, "we do not wish you to examine the debt claims. 2 Com'rs were sent here last year and examined our traders' claims, they also did right. We want our traders paid, and we do not wish you to 'tear to pieces' what they did last year in the traders' claims." He then handed the Comr. a paper tied together with blue ribbon and a string of wampum, paying, "Here is a paper that contains our thoughts; read it and take it on with you to our Great Father; this is all I have to say." The paper was then read and proved to be a sort of protest against the re-examination of the traders' claims and a full and complete ratification of those acts of Cameron and Murray. It was signed or purported to be signed by the chiefs in the presence of Mr. Lowry and Nicholas Boilvin. Several persons present and particularly the new claimants were extremely anxious to have the claims re-examined and asked Mr. F. SIMON CAMERON INDIAN COMMISSION. 161 to allow them to propound questions to the chiefs in order to ascer- tain by whom they had been advised to present such a paper; which was allowed. Two or three questions were asked which were answered evasively by the chiefs. Wacon Decorri then got up to speak, repeating pretty much what had been said before, though he went on and was about to let the cat out of the bag. This I saw and was highly delighted. Just at this moment, however, Boilvin became uneasy and moved across the room and whispered to an interpreter to tell Wacon to stop and as they had now finished their business to go away immedi- ately or leave the room. Accordingly, Wacon stopped short, saying, "This is all I have to say," and in a few minutes away went the Indians. The inter- preter referred to is A. Grignon and I got the statement of what Boilvin whispered from him. It was somewhat surprising to me that Mr. F. would permit such a thing, if he saw it, and I do think he must have seen it. Mr. Lowry did, I am certain. Two or three days before Mr. F. closed he was asked by Col. Stambaugh, counsel for some of the claimants, to let him see a protest which Col. S. had heard was on file in the office. After some time Mr. F. consented; the paper was produced and appeared to be a lengthy protest signed by Stuart, Dousman, Lockwood and several others against the re-examination of the traders' claims. It was addressed to Mr. F. to be laid before the Sec. of War and was, I am told, somewhat abusive of that officer, for the course he had taken in appointing a new Com. and setting aside the report of last year. Stambaugh tried to get a copy, but could not. A com- mittee was appointed to wait on the Com. and ask a copy. The committee addressed him a note, but he refused in a written reply. The reasons he gave I do not now recollect, but I do not think they were at all satisfactory. It seems the protest had lain in his hands since the middle of August or thereabout and would never have been shown had not Stambaugh called for it. It is my opinion that both Mr. F. as Com. and Mr. Lowry as sub- agent were too much influenced by the power and authority of the Am. Fur Co., its agents and hangers-on. And also it seemed to me that the Com. was anxious to save Broadhead and if possible the commissioners of last year. This he could not in fact do; because in the re-examination of the half-breed matter he must have seen the fraud, and his award has been different in almost every case from that of last year. Now one or the other is wrong. Either the old Com'rs acted improperly or Mr. F. ; they can't both be right. I, as well as the claimants them- selves, choose to think that Cameron and Murray were wrong. There was much intimacy between Mr. F. and several of ihe per- sons concerned in the Co., but I hope and believe Mr. F. is still a 162 ANNALS OF IOWA. correct and honest man. I took no sides for him or against him. When I spoke of him it was always in high terms from my slight acquaintance. Mr. F. continued to speak highly of you and seems to have a regard for you. What impression is made on his mind, however, by the many stories he must have heard, I know not. He desired me to present his best regards to you when I wrote and wished much that you had been here during his session. Of Mr. Lowry I am compelled to judge harshly. I had supposed he would make an independent, active, and energetic sub-agent. Activity he does not lack, but he is too subservient to the A. P. Co. He has, in my opinion, scarcely any opinion of his own, but runs to Dousman for his. When Boilvin came on, he took him by the hand, had him to assist him, sent him on expresses for Ind. in the country and gave him consequence and countenance, though there was no earthly reason for it, and he knew well Boilvin's character and actions. Other persons of far less exceptionable character might have been found who would have answered as well if not better. Had Boilvin been a stranger it would have been different. But Mr. Lowry said that the company and Broadhead still counte- nanced Boilvin, and he thought it was therefore to his interest to do so. He was too short-sighted to see that there would be a blow up in the end, that rogues would quarrel. It is disagreeable to animadvert thus severely on Mr. L., but I am certain there is reason for it, and he has not gained much credit among the lookers on by his course. I have heard much said of his want of firmness. The opinion entertained by the most disinterested of the persons here this summer is better expressed in the Galena paper which I send herewith. The writer I do not know, but that he states facts I do know. I send you also a copy of a letter from Lowry to Broadhead; on this I leave you to comment. I am still friendly to Mr. L., nor has any difference occurred between us. I have occasionally spoken of some of his acts to himself in a disapproving manner, he endeav- ored to explain and the matter passed. Col. Stambaugh (of St. Peters) as agent for 10 or 12 claimants has written a lengthy protest against the confirmation of the report of Cameron and Murray in the debt cases. He read it to me. It is well written and accompanied by a good deal of evidence. I regret that you could not see it, but its great length prevented me from getting a copy. Col. S. expresses much friendship for you; how true his professions are I know not. but he seems sincere. I desired him to advise you of and assist if he could in case anything was doing against you. He will be in Washington all winter and told me he would attend to your interests as far as he could. I think it is the intention of Broadhead, Cameron, and Murray, and all that party to do all they can this winter. In expectation of this I have spoken to a friend or two here to ask the half and SIMON CAMERON INDIAN COMMISSION. L63 qt.-breed claimants to give an expression of opinion for you. I was present when the two papers were signed. The Green Bay half- breeds signed the one in which Col. S.'s name is interlined. They wished it so. The others signed another of the same kind lea\ out Stambaugh. This they did with pleasure. They spoke highly of you and with feelings of gratitude for your disinterested course; see here Stephen Mack's separate letter— he is a good man. The half-breeds are your friends and what is more no one can now change them, they are convinced by too powerful proofs. The money they received this summer in silver they looked upon as having been obtained through you and Maj. H. and they will so consider it no matter who says to the contrary, nor will they be made to say anything contrary if they only understand it. . . I send two affidavits about Lockwood which show how bare-faced a liar, he is— how unprincipled a villain. I think, too, that the state- ments in Horner's protest show that H. L. Dousman knew more about the speculations than he was willing to admit. If I under- stand the matter right he seems to disregard truth entirely in his publication which I send you. . . . It is time to close this long and desultory letter. I have endeavored to give you a statement ot what took place as well as I could from memo's which I kept and without much regard to perspicuity; however, if you have time, it will serve to give you some idea of the matter and may be useful. . . . Yr. Sincerely Aff. Son, T. P. Street. This closes the Simon Cameron Commission case, so far as I have documents bearing upon it. The papers mentioned by Thos. Street in his letter are not now in possession of the family. I have let the letters tell the story from the point of view of my grandfather and his friends, not so much to vindicate him in this particular proceeding — for his connec- tion with it was but slight compared with the storm of abuse he aroused at the time — as to show the readers of American history to-day how poorly the Indians have been protected by commissioners appointed by this government. OCT 14 1*05 H32 75 5*1 ^ o o "** ^v ^c* *"v vP V <** *o o vv ^ o J. "* ^°" c.- ^ *k I* 1 ' *£f^ N. MANCHESTER. INDIANA mOr'l