Indian Affairs a letter transmitting to the department a letter addressed to him by the Hon. Sidney Clarke, on the 13th day of April last, upon the subject of the treaty with the Great and Little Osage tribes of Indians. I now lay before you copies of both of said letters, and request that you will transmit them to the House of Representatives, as they constitute a proper and necessary part of the answer to the resolution above referred to. I am, sir, with great respect, your obedient servant, The PRESIdent. O. H. BROWNING, Secretary. HOUSE OF REPRESENTATIVES, SIR: In a conversation, on Friday last, you informed me of the appointment of yourself and other gentlemen as a commission to make a new treaty with the Great and Little Osage Indians, with a view of extinguishing the title to their lands in the State of Kansas and removal to a new reservation in the Indian territory. This result is most ardently desired by the people of my State; is in accordance with the will of Congress, expressed several years since; and is in harmony with the interests of the Indians and of the government. But there is another question in which Kansas, and the whole country, has a deep interest, and to which I desire to call your attention and the attention of your associates on the commission, before you enter upon the duties assigned you. I refer to the manner of extinguishing the Indian title to the diminished reservation, and the opening of the same to the vast flow of emigration now seeking new homes in southern and southwestern Kansas. The land for which you are to treat comprises about 8,000,000 acres. It is fertile in its soil, situated in a mild climate, is well watered and wooded, and must be, in every way, vastly attractive to the multitude of people now seeking homes on the new lands of the continent. Sound public policy, as well as the interests of the Indians themselves, demands that this great body of land should be opened up for settlement at once, and placed in a position where the settlers can obtain perfect titles, and at a price not exceeding $1 25 per acre. It would be far preferable, and but justice to our pioneer settlers, to have this land opened up to homestead entry. But if this cannot be done, then the people of my State, and the public interests generally, unite in the demand that the new treaty shall provide for pre-emption rights at the usual price per acre. It is estimated that 75,000 people are now on their way to, and are making arrangements to settle in, the State of Kansas the present year. Indeed it is not improbable that the increase of our population will be double that number. Most of these people are seeking for new and cheap lands. In behalf of these hardy pioneers, many of whom fought for the defence of the government, whose protection they now ask from all systems of land monopoly, I earnestly appeal. As the only representative of my State in the lower branch of Congress, I shall insist that all future treaties for the acquisition of Indian reserves in Kansas be based upon the principle I have indicated, viz: that the lands be opened up to actual settlers, free from all schemes of speculation and monopoly so disastrous to the prosperity of the new States. I am advised that propositions will be made by railroad corporations to secure these lands by absolute purchase. To this I have no objection, provided the company making the purchase builds the road through the lands, and they are immediately opened to settlement at government price. There is probably about 2,000,000 acres east of the Arkansas river, and 6,000,000 acres west of said river. I assume that the purchase can be made from the Indians at a price not exceeding $1,500,000, and certainly not exceeding $2,000,000. The profits derived from the sale of the land to actual settlers during the next five years would yield enough money to build the Galveston road to the Arkansas river at Fort Gibson, or run a road west or southwest an equal distance. Thus the interests of railroads, and of the State, and of actual settlers, would be all subserved, and a land policy established which would add greatly to the growth and wealth of the State I represent. I do not indicate the details of this policy, but if railroad companies desire to purchase, the principles I have indicated can be easily incorporated in the detailed provisions of the proposed treaty. There is another important question to which I earnestly call your attention. The settlers on the land ceded and sold by the treaty, proclaimed January 21, 1867, are yet without titles to their homes. A joint resolution has been passed by the House of Representatives for the relief of these settlers, and is now pending in the Senate. I appeal to your commission to meet the settlers referred to in full and free conference; and, in the treaty you are about to make, provide for the full recognition of their rights, as you have abundant power to do, and thus settle the question, already too long at issue, in the interests of justice. I also recommend that you insert a clause in the new treaty recognizing the full power of Congress to legislate hereafter. The importance of the questions to which I have referred to the interests of a large portion of my constituents, and the pressing necessities of immediate solution, make no apology on my part necessary in thus earnestly addressing you, and through you the gentlemen of the commission. The title to the land of a country is the first question to be considered in any point of view. Especially is this true in a State like Kansas, where the people are devoted to agricultural and pastoral pursuits. It is for such a people I have the honor to seek for justice at your hands, as well as for the landless millions of the country, now seeking for new homes, where they can add so materially to the wealth and power of the nation. It is but proper to add that, in my opinion, no treaty that does not open the lands to immediate settlement, essentially in accordance with the views I have suggested, can or ought to receive the approval of the Senate. I ask you to make my views known to your commission, and to the Secretary of the Interior. Very respectfully, your obedient servant, Hon. N. G. TAYLOR, SIDNEY CLARKE. Commissioner of Indian Affairs, Washington, D. C. Statement of the sums paid without protest on the vessels of the United States and Brazil Mail Steamship Company at the port of New York, amounting to $7,611 10. JUNE 23, 1868.-Referred to the Committee on Appropriations and ordered to be printed. TREASURY DEPARTMENT, June 20, 1868. SIR: I have the honor to transmit herewith a certified statement of the sums paid without protest during the years 1865, 1866, and 1867, on the vessels of the United States and Brazil Mail Steamship Company at the port of New York, amounting to $7,611 10. By the 4th section of the act of 28th May, 1864, "authorizing the establishment of ocean mail steamship service between the United States and Brazil," it is provided "that the mail steamships employed in the service of this act shall be exempt from all port charges and custom-house dues at the port of departure and arrival in the United States, provided that a similar immunity from port charges and custom-house dues is granted by the government of Brazil." Previous to February, 1867, no evidence was offered by this company to show that the condition expressed in the above proviso had been fulfilled, and for a portion of the time antecedent to that date, all the regular charges imposed upon their vessels at New York, including tonnage taxes, were duly paid without protest or objection. Upon it being made manifest to the department that the vessels of this company did, in fact, enjoy a special exemption in Brazilian ports from anchorage dues, certified as analogous to the tonnage tax of our law, reimbursement was made of all payments for tonnage tax against the exaction of which due protest had been made according to law. But the department was precluded by the 14th section of act of 30th June, 1864, from entertaining the claim for refund of other payments made without protest. It seems right, however, that moneys so collected from this company should be refunded notwithstanding, and I respectfully submit a section designed to remove the bar in this case imposed by the act of 1864 above cited. The amount involved is $7,611 90. Very respectfully, Hon. SCHUYLER COLFAX, Speaker of the House of Representatives. H. McCULLOCH, Secretary of the Treasury. Statement of tonnage exacted on United States and Brazilian Mail Steamship Company's vessels, and paid by them without written protest, and for the ,refund of which they have made a claim to be sent to Congress for an act of relief. C. K. Garrison, president and claimant. Issued under treasury instructions dated June 15, 1868. December 1, 1865, per Havana, from Rio de Janeiro, December, $540 30 625 50 January 30, 1866, per South America, from Rio de Janeiro, January, 1866, paid tonnage on 2,151 tons at 30 cents... 645 30 March 7, per Havana, from Rio de Janeiro, March, 1866, paid tonnage on 2,016 tons at 30 cents.... 604 SO March 30, per North America, from Rio de Janeiro, March, 1866, paid tonnage on 2,085 tons at 30 cents. 625 50 May 2, per South America, from Rio de Janeiro, May, 1866, paid tonnage on 2,151 tons at 30 cents.... 645 30 September 20, per North America, from Rio de Janeiro, September, 1866, paid tonnage on 2,085 tons at 30 cents.. 625 50 October 22, per South America, from Rio de Janeiro, October, 1866, paid tonnage on 2,151 tons at 30 cents... 645 30 December 1, per Guiding Star, from Rio de Janeiro, December, 1866, paid tonnage on 2,596 tons at 30 cents.... 778 80 December 24, per North America, from Rio de Janeiro, December, 1866, paid tonnage on 2,085 tons at 30 cents... 625 50 January 22, 1867, per South America, from Rio de Janeiro, January, 645 30 604 80 Excess of duty paid... 7,611 90 CUSTOM-HOUSE, NEW YORK, June 19, 1868. I certify that the excess of duties paid by United States and Brazil Steamship Company, agreeably to the foregoing statement, amounts to $7,611 90; that the said duties have been accounted for to the treasury, and no part thereof heretofore paid back; that neither of the parties claiming appear on the records of the custom-house as indebted to the United States. Countersigned: H. A. SMYTHE, Collector. C. J. FRANKLIN, Special Deputy and Acting Naval Officer. I, C. K. Garrison, president of United States and Brazil Steamship Company, do hereby certify on oath that the claim above referred to has not been assigned or alienated by operation of law or otherwise; that no portion thereof has been heretofore refunded; that I am not nor is said steamship company indebted to the United States. C. K. GARRISON. SAMUEL GODWIN, Notary Public. Sworn before me, this 19th day of June, 1868. [L. S.] Hon. SECRETARY OF THE TREASURY. SECTION. That the Secretary of the Treasury be, and he is hereby, authorized to refund to the United States and Brazil Steamship Company, out of any money in the treasury not otherwise appropriated, all sums heretofore collected at the custom-house at New York city by way of tonnage taxes upon the vessels of said company employed in mail service between the United States and Brazil, under the provisions of the act of 28th May, 1864, entitled "An act authorizing the establishment of ocean mail steamship service between the United States and Brazil," notwithstanding that such sums were paid without due legal protest and appeal: Provided, That satisfactory evidence shall be produced to the said Secretary that at the time the said taxes were imposed, the said vessels were in Brazil specially exempted from similar exactions to which other vessels were in the ports of that country liable. |