1st Session. JOHN W. FLOWERS, NICHOLAS MILLER, WILLIAM DREW, AND JOSEPH ROGERS. DEPARTMENT OF WAR, April 11, 1832. SIR: The officer at the head of the Indian Bureau has transmitted to me the accompanying claims, which were forwarded by you to him for examination, and has stated his own views respecting them. I return them to you, with his observations, without, however, entering into the consideration of the latter. The cases are of a nature which can only claim relief from Congress. They are not within the letter of the intercourse act; and this department cannot determine their justice. Very respectfully, Your obedient servant, LEW. CASS. DEPARTMENT of Wab, Office Indian Affairs, April 9, 1832. SIR: I have the honor to make the following report on the various claims, presented to you by the Hon. A. H. Sevier, for spoliations of stock belonging to Cherokee Indians: Claim of John W. Flowers for spoliations of stock, to wit: 150 head of cattle, at $10 200 hogs, at $2 $1,500 00 400 00 31 horses, at $35 1,085 00 $2,985 00 To establish this claim, there is an affidavit by James Strong and Duncan Wilson, that they were well acquainted with the claimant and his stock: that the account is correct, and that the claimant was hindered from gathering his stock, when compelled to remove in 1828, for fear of being killed by the Indians and whites, both blaming the said claimant for having been instru mental in making the treaty of May, 1828, with the Cherokees. There is an affidavit by the claimant that he has not received any portion of the six thousand dollars appropriated under the said treaty, for defraying the cost and trouble of going after, and recovering the stock of the Cherokees that might stray into the Territory from which they were driven. There is, also, in support of this claim, a letter from Colonel Arbuckle to the claimant, in which he states his having been told that when the Cherokees went in pursuit of their stock, they were met by armed white men, who commenced hostilities against the Indians, killed one of them, wounded another, and compelled them to fly for safety, leaving their stock behind: That the feelings of the whites were so unfriendly to the Indians, that they were afraid to go in search of the stock they had left, or which had strayed from them; and that it was a general report that the white people were killing the cattle left by the Cherokees, and that many had been killed for the use of their hides. There is, also, a certificate signed by nine persons living in the country abandoned by the Cherokees, in which they state that, from every informa tion, the quantity of horses, cattle, and hogs, that has been run off, killed, and destroyed, by the various citizens of the United States, has been so great, that it is impossible for them to make an estimate of the value thereof lost by them; and to which certificate the clerk of Crawford county, in the Territory of Arkansas, has added his own, that the persons who have signed the said certificate are gentlemen of standing and reputation. On the strength of said affidavits and certificates, the foregoing claim is recommended for approval. Claim of Nicholas Miller for spoliations of stock, to wit: 22 horses, at $25 70 head of cattle, at $5 115 hogs, at $1 50 $550 00 350 00 172 50 $1,072 50 In support of this claim, is an affidavit by George Matthews and Susan Matthews, that they know the account to be just and true, and that the claimant did lose that stock by removing to Loveley's purchase, agreeably to treaty made in May, 1828. The letter of Colonel Arbuckle, and the certificates before mentioned, refer also to this, and all the following claims. This claim is also recommended for approval. Claim of William Drew for spoliations of stock, to wit: 6 horses, at $35 17 hogs, at $2 50 $210 00 42 50 $252 50 This claim is also supported by two witnesses, who swear positively to the loss of the above amount of stock by the claimant's removal in pur Claim of Joseph Rogers for spoliations of stock, to wit: This claim is also proved by the testimony of two persons, who depose that the claimant lost the above stock by removing agreeably to the said treaty, and that the stock was worth the amount charged. This claim is also recommended for approval. The several claims of David Gentry, Maria Drew, Peter May, Chicken Cock, William Vickry, John Rogers, Looney Tullintusky, Charles Rogers, and William Rogers, are disallowed for want of proof, the witnesses. swearing not to positive loss, but merely to a belief of loss. I have the honor to be, With great respect, Your humble servant, To the Hon. LEWIS CASS, Secretary of War. |