A communication from the Secretary of the Interior, covering the action of the Osage Indians in declining to accede to a reduction of the price of their lands in Kansas.

MARCH 17, 1882.-Referred to the Committee on Indian Affairs and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith a communication from the Secretary of the Interior, with accompanying papers, covering the action of the Osage Indians declining to accede to the terms of the act of March 3, 1881, reducing the price of their lands in Kansas.

EXECUTIVE MANSION,

CHESTER A. ARTHUR.

March 17, 1882.

DEPARTMENT OF THE INTERIOR,
Washington, March 17, 1882.

SIR: Under date of 28th ultimo, General Charles Ewing, as attorney for the Osage Indians, filed in the department a memorial of the Great and Little Osage Nation of Indians, signed by 378 members of said nation, addressed to the President of the United States, protesting against any action being taken under the provisions of the act of Congress, approved March 3, 1881, reducing the price of their lands in Kansas (21 Stat., 509); which act also provides "That no proceeding shall be taken under this act until at least two-thirds of the adult males of said Osage Indian tribes shall assent to the foregoing provisions." I have the honor to transmit herewith copy in duplicate of said petition, also of the letter of General Ewing of 28th ultimo, and of the Commissioner of Indian Affairs of 13th instant, and respectfully to suggest that the same be laid before Congress for its information.

I have the honor to be, sir, very respectfully, your obedient servant, S. J. KIRKWOOD,

Secretary.

The PRESIDENT.

WASHINGTON, D. C., February 28, 1882. SIR: As the attorney of the Great and Little Osage Nation, I have the honor to file in your department a petition signed by 378 Osage men (being over two-thirds of the men of the nation), advising the general government that they have fully considered the provisions of the act of March 3, 1881, entitled "An act to graduate the price and dispose of the residue of the Osage Indian trust and diminished reserve lands, lying east of the sixth principal meridian in Kansas," and that they refuse to assent to the provisions of said act of Congress, by which the Osage lands in Kansas shall be sold for less than $1.25 per acre.

The petition, you will please observe, concludes with the request that you will cause "official notice to be given to all concerned that said act of March 3, 1881, has been rejected by us (the Osages), as provided for in said act, and that said lands are subject to purchase only in accordance with the second and sixteenth articles of the treaty of 1865-7 aforesaid."

I wish respectfully to state that the official declaration here prayed for is essential to the protection of the Osage interests, as, in its absence, the act of March 3, 1881, may at any time hereafter be accepted as a living statute and acted on by officials ignorant of the fact that it has been rejected by the Osages. I am, sir, very respectfully, your obedient servant,

Hon. S. J. KIRKWOOD,

CHARLES EWING, Attorney for Great and Little Osages.

Secretary of the Interior.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, March 13, 1882.

SIR Referring to the act of March 3, 1881 (21 Stat., 509), entitled "An act to graduate the price and dispose of the residue of the Osage Indian trust and diminished reserve lands, lying east of the sixth principal meridian in Kansas," I have the honor to advise you that, by letter of Charles Ewing, esq., of the 28th ultimo, the Osage Nation of Indians filed in this office a letter addressed to the President, under date of July 25, 1881, signed by 378 of the male members of said Osage Nation, formally refusing to give their assent to the provisions of said act (without which assent the act is inoperative), copies of which are inclosed herewith, with the recommendation that the same be forwarded to the President for his information, with the request that Congress be advised of the action taken by the Indians in the premises.

Very respectfully, your obedient servant,

The Honorable the SECRETARY OF THE INTERIOR.

H. PRICE.
Commissioner.

To the President of the United States:

OSAGE INDIAN AGENCY, I. T., July 25, 1881.

SIR: We, the undersigned, male adults of the Great and Little Osage Nation of In dians, respectfully represent that

Whereas Congress at its last session passed an act entitled "An act to graduate the price and dispose of the residue of the Osage Indian trust and diminished reserve lands, lying east of the sixth principal meridian in Kansas," which was approved by the Executive on the 3d of March, 1881, a copy of which is hereto attached, and which declares that on the 30th day of June, 1881, these lands shall be reduced in price to 75 cents per acre, and, at certain specified dates thereafter, to 50 and 25 cents per acre: "Provided, however, That no proceedings shall be taken under this act until at least two-thirds of the male adults of said Osage Indian tribes shall assent to the foregoing provisions"; and whereas the said act is in violation of the treaty of our nation with the United States, concluded September 29, 1865, the second and sixteenth articles of which provide that the lands named in said act shall be sold for not less than $1.25 per acre, and the proceeds, as they accrue, placed in the United States Treasury to our credit, and bear 5 per cent. interest; and whereas said lands are very valuable, and could be sold for a inuch larger price than that named in the treaty; and whereas various acts of Congress have, without our consent, alienated our lands and postponed payments by settlers in violation of said treaty; and whereas the act of March 3, 1881, above referred to, if assented to by us, will deprive us of one or more millions of dollars to which we are justly entitled; and whereas, at the instance of our attorney and friends, Con.

gress passed an act entitled "An act to carry into effect the second and sixteenth articles of the treaty between the Great and Little Osage Indians and the United States, proclaimed January 21, 1867," approved June 16, 1880, by which it is provided that the United States shall make good to our nation all losses by reason of the alienation of our lands above referred so; and whereas we desire to be protected by the provisions of said act:

Now, therefore, we, the governor, chiefs, councillors, head men, and braves, of the Great and Little Osage Indians, in accordance with that provision of the act first aforesaid which provides for our approval or rejection of the mode therein provided for the disposal of our lands in the State of Kansas, do hereby refuse to assent to said provisions of said act of March 3, 1881, by which our said lands are to be sold at less than $1.25 per acre; and we hereby protest against any proceedings being had under said act relative to our said lands.

And we respectfully request that you cause official notification to be given to all concerned that said act of March 3, 1881, has been rejected by us as provided for in said act, and that said lands are subject to purchase only in accordance with the second and sixteenth articles of the treaty of 1865–7 aforesaid.

Witness our hands this twenty-fifth day of July, 1881.

Joseph Paw-ne-no-poshe, governor of

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We, Joseph Paw ne no pashe, W. H. Connor, do hereby certify that the names appended to the foregoing paper rejecting the provisions of an act entitled “An act to

H. Ex. 124-2